TNAG-1815-FCO40-2576-Hong-Kong-Public-Order-(Amendment)-Bill-1988-1988 — Page 7

1988-12-23 15:46 AGC

852 5 965 2720 P.04

102

GAZETTE NO. 36/1988

Guidelines prepared under section 30. Schedule

2. For the guidance of censors appointed under section 5 of the Film Censorship Ordinance 1988, the Secretary has caused to be prepared and published the guidelines specified in the Schedule, indicating the manner in which it is proposed that censors exercise their functions under the Ordinance.

1.

II.

III.

Introduction

SCHEDULE

Film Censorship Guidelines for Censors

Section 30 of the Film Censorship Ordinance 1988 states that 'The Secretary may, for information, from time to time cause to be prepared and published in the Gazelle, for the guidance of censors, guidelines not inconsistent with this Ordinance, indicating the manner in which it is proposed that censors exercise their functions under this Ordinance.'

2. These guidelines are of a general nature: they should be read in conjunction with the Film Censorship Ordinance 1988, and each film must be examined and classified on its own merits. In addition, the aim of the censors should be to reflect contemporary public attitudes towards censorship standards. In this connection. the results of public opinion surveys on film censorship standards carried out from time to time and the advice given by the panel of advisers on a specific film will be of assistance.

Legal Principles

3. For the purpose of deciding whether a film should be approved for exhibition and the appropriate classification that should be given, the censor is required under section 10(2) of the Ordinance to consider the following matters:-

4.

(a) whether the film portrays, depicts or treats cruelty, torture, violence, crime, horror,

disabilny, sexuality or indecent or offensive language or behaviour:

(b) whether the film denigrates or insults any particular class of the public by reference to the colour. race, religious beliefs or ethnic or national origins or the sex of the members of that class; and

(c) whether there is a likelihood that the exhibition of the film would seriously damage

good relations with other territories

In making his decision. : 10631 of the Ordinance requires the censor to take the following into account:—

(a) the effect of the film as a whole and is likely effect on the persons likely to view the

film.

(b) the artistic, educational, literary or scientific merit of the film and its importance or

value for cultural or social reasons;

(c)

in relation to the intended exhibition of the film, the circumstances of such exhibition: and

(d) article 19 of the International Covenant on Civil and Political Rights (which deals

with the principle of freedom of expression).

5. In considering films against any of the criteria set out in s. 10(2) of the Ordinance, the censor must take into account the mallers set out in s. 10(3), s. 10(3)(d) of the Ordinance requires that the censor, in viewing a film and considering the matters referred to in s. 10(2), also take into account .... Article 19 of the International Covenant on Civil and Political Rights (ICCPR) (which deals with the principle of freedom of expression).' The Article is set out in detail in paragraph 37.

The Three-Tier System

6. Films made today tend to depict life as it is. Violence, sex, foul language and controversial themes are to be found in many modern productions. While adults in Hong Kong find certain types of material acceptable, they would not agree that the same material is suitable for children and teenagers under their care. The classification of films into a three-tier system gives adults the opportunity to see a wider range of films dealing with the realities of the adult world, but at the same time restricts children and youth from viewing what could be harmful to them in one way or another.