ENG-2008 — Page 433

Communications, the Media and Information Technology 357

by statutory age restriction and are intended to give more information to cinema patrons, particularly parents, to help them select films for themselves or their children. The age restriction is mandatory for Category III films.

In 2008, some 1 296 films were submitted for classification, compared with 1 298 in 2007. Of these, 387 were classified Category I, 408 Category IIA, 376 Category IIB, and 125 Category III. Film trailers, instructional films and cultural films intended for public exhibition can be exempted from classification. During the year, 6 909 such films were examined and exempted from classification.

Film classification standards are kept in line with society's expectations by regular surveys of community views and consultation with a statutory panel of advisers, comprising about 300 members drawn from different levels of society.

The Board of Review (Film Censorship), a statutory body established under the Film Censorship Ordinance, is empowered to review the film censors' decisions on film classifications upon request. The board comprises nine non-official members. appointed by the Chief Executive, plus the Secretary for Commerce and Economic Development as an ex officio member.

Control of Obscene and Indecent Articles Ordinance

The policy objective in regulating obscene and indecent articles is to preserve public morals and protect young people from harmful effects of obscene and indecent materials while preserving the free flow of information and safeguarding freedom of expression. The publication (including distribution, circulation and sale) and public display of obscene and indecent articles (including printed matters, sound-recordings, films, video-tapes, discs and electronic publications) is regulated by the Control of Obscene and Indecent Articles Ordinance.

However, the Ordinance does not apply to films, film packaging and film advertising material covered under the Film Censorship Ordinance and television broadcasts governed by the Broadcasting Ordinance. Under the Control of Obscene and Indecent Articles Ordinance, 'obscenity' and 'indecency' include violence, depravity and repulsiveness. An article may be classified as Class I: Neither obscene nor indecent, Class II: Indecent and Class III: Obscene. Submission of articles to the Obscene Articles Tribunal is entirely voluntary. Publishers, authors, printers, manufacturers, importers, distributors and copyright owners may submit articles to the Tribunal for classification rulings if in doubt.

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In the last few years, newspapers and entertainment magazines have on many occasions published articles and photos that have subsequently been ruled to be indecent or worse. Members of the public have also expressed concern about the dissemination of obscene and indecent materials over the Internet. Steps were therefore undertaken to conduct a comprehensive review of the Ordinance. A comprehensive review of the Ordinance is under way and this will involve two rounds of public consultation. In the first round, the aim is to engage members of the public in discussion of the main issues relating to the operation of the Ordinance and possible improvement measures. The Government hopes to receive the