ENG-2009 — Page 436

364 Communications, the Media and Information Technology

Film Classification System

Hong Kong adopts a three-tier film classification system: Category I (suitable for all ages); Category II, which is subdivided into Category IIA (not suitable for children) and Category IIB (not suitable for young persons and children); and Category III (for persons who have attained the age of 18 years only). The aim is to allow adults wide access to films while protecting young persons under the age of 18 years from exposure to potentially harmful materials. Category IIA and IIB classifications are advisory not governed 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.

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In 2009, some 1 370 films were submitted for classification, compared with 1 296 in 2008. Of these, 389 were classified Category 428 Category IIA, 387 Category IIB, and 166 Category III. Film trailers, instructional films and cultural films intended for public exhibition can be exempted from classification. During the year, 7 763 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 matter, sound- recordings, 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.