【法规名称】
【法规编号】 44271 什么是编号？
【正 文】
第3页 CAP 390 CONTROL OF OBSCENE AND INDECENT ARTICLES ORDINANCE
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[接上页] (b) the matter is indecent; or (c) the ground of defence under section 28 is proved in respect of the publication of an article or the public display of any matter.(2) In relation to any article submitted to it under section 13, a Tribunal shall refuse an application to make a classification if it is of the opinion that the article may be child pornography within the meaning of section 2(1) of the Prevention of Child Pornography Ordinance (Cap 579), and may in any other case- (Amended 31 of 2003 s. 22) (a) refuse an application to make a classification in respect of any article if it considers that article cannot be adequately described for the purpose of giving notice of classification under section 19; or (b) make a classification that the article is- (i) a Class I article if it is of the opinion that the article is neither obscene nor indecent; (ii) a Class II article if it is of the opinion that the article is indecent; or (iii) a Class III article if it is of the opinion that the article is obscene; and(c) in respect of any classification that an article is a Class II article and at the time of making that classification, impose conditions relating to the publication of that article.(3) For the purposes of subsection (1)(c) the opinion of an expert as to the ground of defence in section 28 may be admitted either to establish or negative that ground. (Enacted 1987) Cap 390 s 9 Immunity Any- (a) member of a Tribunal; and (b) witness, party to any proceedings, representative or other person appearing before a Tribunal,shall have the same privileges and immunities in any proceedings before a Tribunal or in the exercise of a Tribunal's functions as he would have before a court. (Enacted 1987) Cap 390 s 10 Guidance to Tribunal (1) In determining whether an article is obscene or indecent or whether any matter publicly displayed is indecent, or in classifying an article, a Tribunal shall have regard to- (a) standards of morality, decency and propriety that are generally accepted by reasonable members of the community, and in relation thereto may, in the case of an article, have regard to any decision of a censor under section 10 of the Film Censorship Ordinance (Cap 392) in respect of a film within the meaning of section 2(1) of that Ordinance; (Replaced 25 of 1988 s. 33) (b) the dominant effect of an article or of matter as a whole; (c) in the case of an article, the persons or class of persons, or age groups of persons, to or amongst whom the article is, or is intended or is likely to be, published; (d) in the case of matter publicly displayed, the location where the matter is or is to be publicly displayed and the persons or class of persons, or age groups of persons likely to view such matter; and (e) whether the article or matter has an honest purpose or whether its content is merely camouflage designed to render acceptable any part of it.(2) The opinion of an expert as to any of the matters to which a Tribunal must or may have regard under subsection (1) may be admitted in any proceedings before a Tribunal either to establish or negative that matter. [cf. 1963 No. 22 s.11 NZ] (Enacted 1987) Cap 390 s 11 Powers A Tribunal- (a) when exercising its jurisdiction under Part V shall have the powers of a magistrate under the Magistrates Ordinance (Cap 227) and for that purpose references in that Ordinance to a magistrate shall be deemed to include references to a Tribunal; (Amended L.N. 272 of 1990) (b) when exercising its jurisdiction under Part III may, subject to that Part and Part VIII, determine its own procedure and in particular may- (i) receive and consider any material, whether by way of oral evidence, written statements, documents or otherwise, notwithstanding that such material would not be admissible in evidence in civil or criminal proceedings; (ii) by notice in writing signed by the presiding magistrate, require any person to attend before it at any hearing and to give evidence and produce documents; (iii) administer oaths and affirmations; (iv) examine on oath, affirmation or otherwise any person attending before it at any hearing and require such person to answer all questions put by or with the consent of that Tribunal; (v) determine the manner in which the material mentioned in sub-paragraph (i) shall be received; and (vi) determine the manner in which any article shall be viewed, seen or examined by that Tribunal;(c) may do all things- (i) ancillary to the powers conferred by this section; or (ii) reasonably necessary for the discharge of its functions under this Ordinance. (Enacted 1987) Cap 390 s 12 Offences relating to a Tribunal Any person who- (a) refuses or fails to comply with any lawful order, requirement or direction of a Tribunal; or (b) disturbs or otherwise interferes with the proceedings of a Tribunal,commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. (Enacted 1987) Cap 390 s 13 Submission of article to Tribunal |
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