TNAG-1814-FCO40-2575-Hong-Kong-Film-Censorship-Ordinance-1988-(No.-25-of-1988)-1988 — Page 4

15

Clause 16 - Submission of advertising material. The new draft allows a person submitting advertising material to indicate whether he requires the Authority to examine it. However, the Authority has the power to direct that such materials should cease to be displayed and

and be submitted for examination if he considers them in breach of censorship principles.

16

Clauses 22, 23 and 24

Request of

person who submitted film or advertising material to review decision of Authority or censor; Request of Authority to review decision of censor; Request of persons aggrieved by

by exhibition of film, etc. to review decision of Authority or censor. Under the recast clauses, the review process will no longer be a a hearing but a consideration of written representations by the Board of Review. This

This is

is to avoid lengthy arguments by concerned parties and their lawyers and the possibility of "cross examination" of censors, advisors and other connected persons. As the Authority will not be given the power to recall approved films, he is now allowed, like an aggrieved distributor, to seek a review.

17

Clause 25 - Chief Secretary may direct certain films etc. not to be exhibited, etc. Under this new clause, authority is given to the Chief Secretary to suspend the screening of a film under review pending a decision by the

Board.

18

Clause 26 Offence in relation to exhibition of films classified for exhibition only to persons who have attained the age of 18 years. The penal sanctions have been reduced and the liability to custodial sentence has been removed. A proposal to penalize underage patrons of "Category III" films has support from a few Group Members and film industry representatives to

to deter juveniles

juveniles from viewing such films. We believe that the nature of the act by an underage person is such that it does not merit being made a criminal offence. It is an area more susceptible to parental action. We have undertaken to consider administrative measures to discourage underage persons from viewing category III films.

Legislative Timetable

19

Subject to Members

to Members' approval to the proposals in the revised "white" Bill, we recommend that the revised Bill be published in the gazette on 6 November 1987 for public information and comment over a four-week consultation period. Thereafter, a Bill will be submitted to Members in early December with a view to seeking agreement

seeking agreement to introduce it into the Legislative Council in December.