TNAG-1814-FCO40-2575-Hong-Kong-Film-Censorship-Ordinance-1988-(No.-25-of-1988)-1988 — Page 389

CONFIDENTIAL

156011 MDHIAN 0499

TO BE BANNED IF THERE IS A LIKELIHOOD THAT THEY WILL 'DAMAGE GOOD

RELATIONS WITH OTHER TERRITORIES'. IN ADDITION THE BILL NO LONGER PROVIDES FOR THE CENSORING OF FILMS ON GROUNDS OF ANTI-SOCIAL BEHAVIOUR, PUBLIC DISORDER, INCITING HATRED OR CONTEMPT OF THE SYSTEM OF THE HONG KONG GOVERNMENT OR BRINGING THE ADMINISTRATION

OF JUSTICE INTO DISREPUTE. THE LATTER DELETIONS REPRESENT A CONSIDERABLE DEGREE OF LIBERALISATION.

4. THE NEED TO MAINTAIN GOOD RELATIONS WITH OTHER TERRITORIES IS CLEARLY RECOGNISED AND ACCEPTED LOCALLY. WE CANNOT AFFORD TO ALLOW

HONG KONG TO BE USED AS A BASE FOR PROPAGATING POLITICAL PROPAGANDA.

5. THE REVIEW PROCESS FOR FILMS APPROVED HAS BEEN REVAMPED. THE

AUTHORITY NO LONGER HAS THE POWER TO RECALL FOR REVIEW A FILM

APPROVED BY THE CENSOR. HE IS, LIKE A DISTRIBUTOR, ABLE TO APPEAL

AGAINST A CENSOR'S DECISION TO A BOARD OF REVIEW IF HE CONSIDERS

THE CENSOR'S DECISION TO BE INAPPROPRIATE IN TERMS OF THE CENSORSHIP

CRITERIA. THE POWER OF THE CHIEF SECRETARY, AT THE REQUEST OF THE AUTHORITY, TO ORDER THE SUSPENSION OF A FILM PENDING THE REVIEW BY THE BOARD OF REVIEW HAS BEEN DELETED. THE CHAIRMAN OF THE BOARD

OF REVIEW WILL BE APPOINTED FROM THE NON-OFFICIAL MEMBERS.

6. PRESENT, AND PAST PROPOSED LEGISLATION, REQUIRES FILM ADVERTISING MATERIAL TO BE SUBMITTED TO THE AUTHORITY FOR EXAMIN-

ATION OR EXEMPTION FROM EXAMINATION. IT IS OUR RECONSIDERED VIEW THAT SUCH MATERIAL, WHICH IS IN THE FORM OF POSTERS, HANDBILLS AND NEWSPAPERS, CONSTITUTE A DIFFERENT MEDIUM TO A FILM. CONSEQUENTLY THE BILL NO LONGER PROVIDES FOR ADVERTISING MATERIAL TO BE SUBMITTED

FOR EXAMINATION OR EXEMPTION FROM EXAMINATION. IT WILL, LIKE ALL PUBLICATIONS, FALL WITHIN THE AMBIT OF THE CONTROL OF OBSCENE AND INDECENT ARTICLES ORDINANCE.

LINE TO TAKE

7. THE NEW PROVISIONS REPRESENT A LIBERALISATION OF EXISTING

CENSORSHIP PRINCIPLES. CENSORSHIP HAS BEEN ACCEPTED AS A GOVERNMENT RESPONSIBILITY FOR OVER 25 YEARS. THE INTRODUCTION OF A THREE-TIER FILM CLASSIFICATION SYSTEM WILL ALLOW THE SCREENING OF FILMS TO

MATURE AUDIENCES WHICH HAVE BEEN DEPRIVED OF SUCH FARE IN THE PAST.

THE PROVISIONS FOR THE CENSORING AND CLASSIFICATION OF FILMS WILL BE WELCOMED BY THE COMMUNITY AT LARGE.

8

·

(A)

IT SHOULD BE EMPHASIZED

THAT THE RETENTION OF THE POWER TO CENSOR FILMS ON POLITICAL GROUNDS IS ESSENTIAL IN LIGHT OF HONG KONG'S UNIQUE DEPENDENCE ON

2

PAGE

CONFIDENTIAL