1988-12-23 15:47
AGC
852 5 865 2720 P.05
14.
IV.
V.
7.
GAZETTE NO. 36/1988
4103
When a censor, aided by his advisers, approves a film for public exhibition, he is required to classify it as:-
(a) approved for exhibition to persons of any age: Category I.
(h) approved for exhibition to persons of any age subject to the condition that any advertising material which relates to the film shall contain the following notice, or a notice to The like effect, in block letters and Chinese characters prominently and legibly displayed ---NOT SUITABLE FOR CHILDREN: Category II.
(c) approved for exhibition only to persons who have attained the age of 18 years:
Category III.
A censor should assume that when a film hus heen classified Car. III. people under the age 18 will not get to see it.
Viewing of Films
8.
of
The person who submits a film (distributor) is required to state the classification being sought for the film when it is publicly exhibited. The censor should try to accommodate this wish with or without exersions; but he may indicate any other classification he would be prepared to give with or without excisions, or refuse approval. In all cases reasons for his decision must be given. The distributor can then decide whether to accept the decision of the censor or appeal against the censor's decision to the Board of Review. In the case of any excisions proposed by the censor. The distributor can proceed with the cutting himself or confirm in writing his request that the censor should make the excisions for him. All pieces of film thus exersed will be retained by the Film Censorship Authority for not less than 5 years.
The censor should make his decision as soon as possible but not later than 21 days after the film is submitted unless the consent from the Secretary for Administrative Services and Information for a longer period is obtained for a particular case. The Authority must forthwith issue a certificate of approval, notice of refusal to approve or notice concerning excision in euch case as appropriate.
Approaches in Classification
10. Films intended for public exhibition will have to be examined and classified within the parameters set out in s. 10(2) and 10(3) of the Ordinance (paras. 3 and 4). Euch film must be considered on its individual merits. The approaches to be adopted in these aspects are proposed in the following paragraphs.
11. Section 10(2)(a) refers to the following matter to be considered by the censor:-
*whether the film portrays, depicts or treats cruelty, torture, violence, crime, horror, disability, sexuality or indecent or offensive language or behaviour.'
(a) Cruelty, Torture or Violence
12. No person can be protected from being exposed to depictions of cruelty or violence, even in early life. News and even daily events in Hong Kong expose people to depictions of violence. These facts of real life have made more difficult the problem of maintaining a balance in the showing of contrived violence in entertainment Alms. Violence has always been part of drama and even sports from time immemorial: what should concern the censor is the degree to which it is depicted in a film, and also whether it is gratuitous or not. 13. Because of a natural tendency to copy adult behaviour without consideration of broader social implications, children are normally the people who are likely to be badly affected by violence in films. Such effects extend to teenagers but hopefully to a lesser extent. Therefore, the censor must examine and classify a film having in mind the degree to which a young person can be exposed to depictions of violence without being tempted to emulate them. 14. Children's materials (e.g. Westerns and Cartoons), it can be objectively argued, have traditionally depicted violence. Provided that such violence is far enough removed from reality that it does not frighten children or invite ready imitation, it can be tolerated. The general experience has been that children are more seriously disturbed by violence threatened or perpetrated against those (including animals) who are helpless or are clearly unable to escape.
.....
1988-12-23 15:48 AGC
852 5 865 2720 P.06
1104
GAZETTE NO. 36/1988
15. For Cat. I films, the degree of violence should be kept minimal and violent scenes short. Scenes which are likely to frighten, unnerve, unsettle or cause pain to children should simply be absent from films intended for Cat. I. Scenes of sadism, masochism, use of readily available weapons (kitchen knives, for instance), violence associated with sexual pleasure and less usual methods of inflicting injury to others should also be left out.
16. The degree to which standards for depiction of violence can be relaxed in relation to Cat. Il and Cat. III can be generally considered in the following terms:-
(a) if violence is depicted in a way which would not cause terror in children, but might invite imitation, then it should be considered whether parental guidance is appropriate: this would indicate Category II;
(h) if the violence is depicted in a way which might terrorize, hurt or seriously unsettle children and young people, but there are sufficient other elements in the film which might make such an effect justifiable, then the film can be shown under Category III. (b) Horror and Shock
17. Horror films are a well-established genre. There is an increasing trend to increase the degree of horror felt by viewers by graphically depicting the effects of violence or the way in which it is perpetrated. It is also an established trend to depict graphically the effects of death and physical corruption.
18. Children will often be unmoved by a scene in which, for example, an exposed human brain is shown as part of an alien monster; but the same object inspires terror when the context is death or the inflicting of pain. It is possible that psychological harm could be done to a child by exposure to a film which attacks the child's basic sense of safety and security. Horror films which, in the view of the censor, could have such an effect should not be passed in Category 1.
19. In deciding whether to categorize such a film as Cat. II or III, the censor should consider the degree of the impact on young viewers and whether parental guidance would have a mitigating effect.
(e) Disability
20. In viewing films which treat the subject of mental or physical disability, the censor should examine whether the approach adopted is responsible. It should be borne in mind that it is not the fault of the sufferer if he is in this condition. Special attention should be paid to see whether such subjects as physical deformities. mental retardation or psychological aberrations are treated (if they have to be) with sympathy, understanding and a sense of responsibility on the part of the film maker. Censors should bear in mind that a film which encourages public hatred or fear of the physically or mentally handicapped is unlikely to be regarded as suitable for exhibition.
(d) Sex and Nudity
21. The depiction of nudity is an established art form. However, the depiction of nudity before children is not generally tolerated by local audiences. Therefore, such scenes should not normally be permitted in Cat. I films.
22. In considering passing films depicting nudity for Cat. II or Cat. III showing, the censor should consider the degree of the possible crotic effect of the scene. Scenes considered by the censor as being erotic should only be shown in Cat. III films.
23. It is possible to consider nudity separately from sexual acts as in certain contexts, nudity may not be erotic. All depictions of sexual acts, however, should be considered as potentially being erotic. The degree of erotic effect will vary according to the age and sexual experience of the viewer, the sexual preferences of the viewer and the degree of realism in the depiction. 24. Notwithstanding any aims in society for sex education of children. Hong Kong parents resent their children observing sex scenes which give rise to questions at times when parents feel it unacceptable to provide the answers (in this context, even scenes showing sex between animals could cause embarrassment). The prevailing public view in Hong Kong is that scenes depicting or implying the sexual act should not be shown to children generally. Such scenes should, therefore, not appear in Category I films.
i
1988-12-23 15:49 AGC
852 5 865 2720
F.07
GAZETTE NO. 36/1988
4105
25. Existing standards for classification of films into 'general audience' (i.e._Cat. I) and 'unsuitable for children' (i.c. Cat. II) should continue. In considering a film for Category III. the censor can apply more liberal standards, assuming that only adults will be present. In general, the demarcation between Cal. III and banned films should be based on what is accepted as soft porn (Cat. III) and hard core pornography (banned). Nevertheless, censors should keep themselves aware of changes of public opinion brought to light by public opinion surveys carried out by the Authority from time to time.
(e) Language
26. Censors should have regard, in the accurate depiction of real-life actions and emotions, for script-writers to include vulgar language. The Hong Kong public tolerates a lot of obscene language, but usually avoids its use in such a way as to invite imitation by children. Expressions or expletives with sexual connotations, or expressions normally specifically used in the context of certain criminal groups in Hong Kong, should not be permitted in Cat. I films.
27. In deciding between Category I or III, the censor should consider the degree of offensiveness of any such language.
(J) Offensive Behaviour and Criminality
28. A film may be considered to depict offensive behaviour if it glorifies the commission of crime, the taking of drugs or excessive consumption of alcohol. The censor should consider the likelihood of imitation in respect of scenes which give accurate and comprehensive instruction in how to carry out any criminal act. A film could cause a problem if it showed acts which would cause children, by imitation, to harm themselves, or others. There is no provision under the Ordinance for the censor to require a distributor to issue any warning about a film other than 'Not Suitable For Children' (Cat. 11). Censors should consider in this context any film which invites imitation by children of any anti-social or dangerous act. Section 10(4)(c) empowers censors to draw attention of distributors to such problems. 29. Section 10(2)(b) refers to the following matters to be considered by the censor:-
'whether the film denigrates or insuits 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."
30. These issues covered by s. 10(2)(b) of the Ordinance generally do not call for any considerations of the age of the audience or availability of parental guidance. The classification of the film will therefore not normally be relevant.
31. A censor should consider refusing showing of a film if he considers that the film has been made with the intention of inciting hatred or denigration on racial, religious, national or sexual differences.
32. Films which seek, without obviously distorting facts, to depict existing or historical cases of racial or religious hatred should not give rise to objection.
33. The main consideration should be whether the film acts in a way which invites the audience's sympathy with views denigrating or insulting to sections of the community by reference to religion, race or sex.
34. Censors should be prepared to accept films with a humorous but irreverent attitude to race, religion or sex, and those which, without malice, raise fair comment or controversy about practices in Hong Kong or overseas. A censor should seek to satisfy himself as to whether the intention is to arouse comment upon or to cause harm to the sectional interest in question. A factor in this decision may be ascertaining whether what is shown is factually
true or not.
35. Section 10(2)(c) refers to the following matters to be considered by the censor:-
'whether there is a likelihood that the exhibition of the film would seriously damage good relations with other territories."
36. It is a fact that certain films are produced for a propaganda purpose with the intention of haning the interests of another territory. It is also a fact that in the ottamate have
past, after heen made to show filme in Hong Kong which are part of such propaganda wars'. It is possible for considerable harm to be done to Hong Kong should any territory judge that Hong Kong was willingly being used as a base for hostile propaganda.
No comments yet.
Private notes are available after approval.