HONG KONG URBAN COUNCIL
Under existing legislation, it is an offence under the Objectionable Publications Ordinance for any person to sell, lend, or expose for sale any material of an indecent, obscene or revolting nature, and also criminal offence to sell, lend or expose for sale a material intended to be read by persons under the age of sixteen years, or likely to be read by such persons, which consists of or contains stories told in pictures which inspire persons to imitate criminals, or which portray acts of excessive violence or cruelty, acts of a repulsive or horrible nature, or which portray seductions, rapes, or acts of sexual perversion. If any material of such a character is found, whether on a licensed newspaper hawker stall or elsewhere, it is the clear responsibility of the finder to report the matter at once to the Police, who alone have the duty of taking action in such cases. The Council's only duty in such cases is to urge all citizens to obey the law.
If, however, by ‘adult publication' the question implies material not illegal under the Objectionable Publications Ordinance, but merely tasteless, or of a generally erotic or sensuous (but not indecent or obscene) flavour, then the position is quite different. There are no legal controls on the sale or exposure for sale of such material. To initiate legal amendments to achieve such control would be extremely difficult.
Even, however, if adequate definitions could be worded, it would appear inappropriate for such controls to be exercised by the Council. Control could only be imposed by the Council in the form of additional statutory licensing conditions under the Public Health and Urban Services Ordinance. That Ordinance is concerned with public health and public safety, and to extend its responsibility to cover the safeguarding of the moral fibre of young people would seem to constitute an extension of the Council's authority as framed in the Public Health and Urban Services Ordinance and extension of the Council's authority into areas quite outside its historic areas of concern.
The question essentially asks if the Council will consider censoring the material exposed for sale by licensed newspaper hawkers. Such action would be ultra vires the Council's powers.
MRS. MARGARET LI (in Cantonese):---Thank you Mr. SHUM for your reply, in the end of the second paragraph, you say that the Council can also urge the citizens to obey the law, could I ask whether the Urban Council will try to urge the licensed hawkers to obey the law too? The second point, could Mr. SHUM make it clear if we have a hawker who has been prosecuted, will the Urban Council consider his licence again under the conditions?
MR. SHUM CHOI-SANG (in Cantonese):--Mr. Chairman, as to the first question, the Council can surely do so. when we give them licence, we can also give them a note, for instance, asking them not to sell such publications, that can be done. As to the second question, if a hawker is prosecuted, should we cancel his licence, this can be discussed at the Select Committee. If members feel that this should be done, we should take very strict action and we can perhaps take steps to cancel his licence. But personally, I feel that he needs to be convicted a number of times before we really cancel his licence, we cannot just cancel his licence on one conviction. Now in some restaurants and food premises, we do cancel their licence after a number of convictions.
DR. THE HONOURABLE KIM CHAM (in Cantonese):—Mr. Chairman, if we decide to consider cancelling the licensee of licensed hawkers after they have been convicted for a number of offences, will the Urban Council step up publicity to remind them of this particular aspect?
MR. SHUM CHOI-SANG (in Cantonese):-Mr. Chairman, coming back to our first question actually, when we want to enforce this, that is to cancel their licence, we must make sure that we have given them sufficient warning beforehand, because such publications are not good for the society in general and, therefore, we should tell them that they should not do so.
MR. FREDERICK FUNG (in Cantonese):-Through you, Mr. Chairman, a question for Mr. SHUM. In paragraph 2, we talk about such publications and if they meet certain descriptions, then it will be a criminal offence, and we can inform the Police. Now yet we cannot take any action, we can only urge them to obey the law, we know that we have a special committee on this particular field, and I would like to give you some statistics. Now we have a publication which meets that description and every issue they sell about 170,000 copies and junior secondary students read this particular publication. In fact, I feel that this particular publication is influencing our young people. So apart from asking our citizens to obey the law, could we take a more positive step and try to contact newspaper hawkers to see what sort of publications they are selling, how many of these publications are actually against the law, and whether we should inform the Police?
MR. SHUM CHOI-SANG (in Cantonese): The main point of that question actually is whether we have such publications, it is difficult for us to define what is meant by objectionable publications, unless we have an organization to deal with this, and to really identify such publications, it is very difficult for us to draw the line. According to the Public Health and Urban Services Ordinance, it seems that the Urban Council has no power whatsoever to censor such publications, and so this is how I feel it is impossible for us to take up the job and decide which publications are objectionable. If this has been decided by the court that it is objectionable, then we can take action and tell the hawkers not to sell it.
Miss CECILIA YEUNG (in Cantonese):—Mr. Chairman, a number of members have voiced their views on this particular issue. Mr. FUNG said a moment ago that we should take a positive step and find out whether these publications are on sale, and yet Mr. SHUM said that it is difficult for the Council to decide, but I think this is a
HONG KONG URBAN COUNCIL
Page 227 of 233
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HONG KONG URBAN COUNCIL
Under existing legislation, it is an offence under the Objectionable Publications Ordinance for any person to sell, lend, or expose for sale any material of an indecent, obscene or revolting nature, and also criminal offence to sell, lend or expose for sale a material intended to be read by persons under the age of sixteen years, or likely to be read by such persons, which consists of or contains stories told in pictures which inspire persons to imitate criminals, or which portray acts of excessive violence or cruelty, acts or a repulsive or horrible nature, or which portray seductions, rapes, or acts of sexual perversion. If any material of such a character is found, whether on a licensed newspaper hawker stall or elsewhere, it is the clear responsibility of the finder to report the matter at once to the Police, who alone have the duty of taking action in such cases. The Council's only duty in such cases is to urge all citizens to obey the law.
If, however, by ‘adult publication' the question implies material not illegal under the Objectionable Publications Ordinance, but merely tasteless, or of a generally erotic or sensuous (but not indecent or obscene) flavour, then the position is quite different. There are no legal controls on the sale or exposure for sale of such material. To initiate legal amendments to achieve such control would be extremely difficult.
Even, however, if adequate definitions could be worded, it would appear inappropriate for such controls to be exercised by the Council. Control could only be imposed by the Council in the form of additional statutory licensing conditions under the Public Health and Urban Services Ordinance. That Ordinance is concerned with public health and public safety, and to extend its responsibility to cover the safeguarding of the moral fibre of young people would seem to constitute an extension of the Council's authority as framed in the Public Health and Urban Services Ordinance and extension of the Council's authority into areas quite outside its historic areas of concern.
The question essentially asks if the Council will consider censoring the material exposed for sale by licensed newspaper hawkers. Such action would be ultra vires the Council's powers.
MRS. MARGARET LI (in Cantonese):---Thank you Mr. SHUм for your reply, in the end of the second paragraph, you say that the Council can also urge the citizens to obey the law, could I ask whether the Urban Council will try to urge the licensed hawkers to obey the law too? The second point, could Mr. SHUM make it clear if we have a hawker who has been prosecuted, will the Urban Council consider his licence again under the conditions?
MR. SHUM CHOI-SANG (in Cantonese):--Mr. Chairman, as to the first question, the Council can surely do so. when we give them licence, we can also give them a note, for instance, asking them not to sell such publications, that can be done. As to the second question, if a hawker is prosecuted, should we cancel his licence, this can be discussed at the Select Committee. If members feel that this
HONG KONG URBAN COUNCIL
Page 227 of 233
should be done, we should take very strict action and we can perhaps take steps
to cancel his licence. But personally, I feel that he needs to be convicted a number of times before we really cancel his licence, we cannot just cancel his licence on one conviction. Now in some restaurants and food premises, we do cancel their licence after a number of convictions.
DR. THE HONOUrable Kim Cham (in Cantonese):—Mr. Chairman, if we decide to consider cancelling the licensee of licensed hawkers after they have been convicted for a number of offences, will the Urban Council step up publicity to remind them of this particular aspect?
MR. SHUM CHOI-SANG (in Cantonese):-Mr. Chairman, coming back to our first question actually, when we want to enforce this, that is to cancel their licence, we must make sure that we have given them sufficient warning beforehand, because such publications are not good for the society in general and, therefore, we should tell them that they should not do so.
MR. FREDERICK FUNG (in Cantonese):-Through you, Mr. Chairman, a question for Mr. SHUM. In paragraph 2, we talk about such publications and if they meet certain descriptions, then it will be a criminal offence, and we can inform the Police. Now yet we connot take any action, we can only urge them to obey the law, we know that we have a special committee on this particular field, and I would like to give you some statistics. Now we have a publication which meets that description and every issue they sell about 170 000 copies and junior secondary students read this particular publication. In fact, I feel that this particular publication is influencing our young people. So apart from asking our citizens to obey the law, could we take a more positive step and try to contact newspaper hawkers to see what sort of publications they are selling, how many of these publications are actually against the law, and whether we should inform the Police?
MR. SHUM CHOI-SANG (in Cantonese): The main point of that question actually is whether we have such publications, it is difficult for us to define what is meant by objectionable publications, unless we have an organization to deal with this, and to really identify such publications, it is very difficult for us to draw the line. According to the Public Health and Urban Services Ordinance, it seems that the Urban Council has no power whatsoever to censor such publications, and so this is how I feel it is impossible for us to take up the job and decide which publications are objectionable. If this has been decided by the court that it is objectionable, then we can take action and tell the hawkers not to sell it.
Miss CECILIA YEUNG (in Cantonese):—Mr. Chairman, a number of members have voiced their views on this particular issue. Mr. FUNG said a moment ago that we should take a positive step and find out whether these publications are on sale, and yet Mr. SHUM said that it is difficult for the Council to decide, but I think this is a
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