| To control articles which consist of or contain material that is obscene or indecent (including material that is violent, depraved or repulsive), to establish tribunals to determine whether an article is obscene or indecent, or whether matter publicly displayed is indecent, and to classify articles as obscene or indecent or neither obscene nor indecent, and for matters incidental thereto. (Enacted 1987) [1 September 1987] L.N. 278 of 1987 (Originally 9 of 1987) Cap 390 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Control of Obscene and Indecent Articles Ordinance. (Enacted 1987) Cap 390 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) In this Ordinance, unless the context otherwise requires- "adjudicator" (审裁委员) means an adjudicator appointed to the panel of adjudicators under section 5; "application" (申请) means an application under section 13 and "applicant" (申请人) shall be construed accordingly; "article" (物品) means any thing consisting of or containing material to be read or looked at or both read and looked at, any sound recording, and any film, video-tape, disc or other record of a picture or pictures; "assisting officer" (协助人员) means any police officer or any member of the Customs and Excise Service assisting an authorized officer under section 34(2) in the execution of a warrant; "authorized officer" (获授权人员) means any person authorized by a warrant issued under section 34; "classification" (评定类别) means a classification by a Tribunal under Part III and includes an interim classification and "classified" (经评定) shall be construed accordingly; "full hearing" (全面聆讯) means a full hearing of a Tribunal under section 15; "inspector" (督察) means a public officer authorized under section 36B(1); (Added 73 of 1995 s. 2) "interim classification" (暂定类别) means an interim classification made by a Tribunal under section 14; "juvenile" (青少年) means a person under the age of 18 years; "panel of adjudicators" (审裁委员小组) means the panel of adjudicators established under section 5; "place of business" (营业地点) includes in relation to- (a) a company incorporated in Hong Kong under the Companies Ordinance (Cap 32), its registered office; and (b) a company to which Part XI of the Companies Ordinance (Cap 32) applies, the address of any person whose name has been delivered to the Registrar of Companies for registration under that Part; (Added 73 of 1995 s. 2)"presiding magistrate" (主审裁判官) means a magistrate appointed to preside under section 7; "Registrar" (司法常务官) means the Registrar of the High Court; (Amended 25 of 1998 s. 2) "Tribunal" (审裁处) means an Obscene Articles Tribunal appointed under section 6; "warrant" (手令) means a warrant issued under section 34(1). (2) For the purposes of this Ordinance- (a) a thing is obscene if by reason of obscenity it is not suitable to be published to any person; and (b) a thing is indecent if by reason of indecency it is not suitable to be published to a juvenile.(3) For the purposes of subsection (2), "obscenity" (淫亵) and "indecency" (不雅) include violence, depravity and repulsiveness. (4) For the purposes of this Ordinance, other than section 24(1E) and (1F), a person publishes an article if he, whether or not for gain- (Amended 73 of 1995 s. 2) (a) distributes, circulates, sells, hires, gives or lends the article to the public or a section of the public; (b) in the case of an article- (i) consisting of or containing material to be looked at; or (ii) that is a sound recording or a film, video-tape, disc or other record of a picture or pictures,shows, plays or projects that article to or for the public or a section of the public. [cf. 1959 c. 66 s. 1(2) U.K.](5) For the purposes of subsection (4)- (a) "article" (物品) includes anything which is intended to be used, either alone or as one of a set, for the purpose of manufacturing or reproducing an article; and [cf. 1964 c. 74 s. 2(1) U.K.] (b) "person" (人、人士) and "public" (公众人士) include, respectively, a person having the control or management of anything which is or purports to be a club, and the members of that club.(6) For the purposes of this Ordinance, in determining whether any matter publicly displayed is indecent- (a) there shall be disregarded any part of that matter which is not exposed to view; and (b) account may be taken of the effect of juxtaposing one thing with another. [cf. 1981 c. 42 s. 1(5) U.K.](7) Any matter which is displayed in or so as to be visible from- (a) any public street or pier, or public garden; and (b) any place to which the public have or are permitted to have access (whether on payment or otherwise) except a place to which the public are permitted to have access only on payment which is or includes payment for a display of indecent matter,shall for the purposes of this Ordinance be deemed to be matter publicly displayed. [cf. 1981 c. 42 s. 1(2) U.K.] |
