【法规名称】
【法规编号】 44271 什么是编号？
【正 文】
第4页 CAP 390 CONTROL OF OBSCENE AND INDECENT ARTICLES ORDINANCE
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[接上页] PART III CLASSIFICATION OF ARTICLES BY A TRIBUNAL (1) The author, printer, manufacturer, publisher, importer, distributor or owner of the copyright of any article or any person who commissions the design, production or publication of any article may, by application in the prescribed form, submit that article to the Registrar for classification by a Tribunal. (2) The Secretary for Justice and any public officer authorized in that regard by the Chief Secretary for Administration may, by application in the prescribed form, submit any article to the Registrar for classification by a Tribunal. (Amended L.N. 362 of 1997) (Enacted 1987) Cap 390 s 14 Interim classification (1) Subject to section 17(2), where an article is submitted under section 13 a Tribunal shall- (a) consider it in private and without the attendance of the applicant or any other person and, within 5 days of that submission, make an interim classification in respect of that article; or (b) subject to subsection (2), if at the expiry of the period mentioned in paragraph (a) it has not made an interim assessment, consider that application as if it were a requirement for a full hearing under section 15.(2) The presiding magistrate may, at any time during the period mentioned in subsection (1)(a), extend that period by any period not exceeding 5 days and shall give notice of that extension to the applicant. (3) Subject to section 7(3), a Tribunal- (Amended 73 of 1995 s. 4) (a) shall not be required to give any reasons for any interim classification; (Added 73 of 1995 s. 4) (b) may give guidance to the applicant in relation to the article submitted; and (Added 73 of 1995 s. 4) (c) shall identify the part of the article which causes the obscenity or indecency. (Added 73 of 1995 s. 4) (Enacted 1987) Cap 390 s 15 Requirement for full hearing (1) Where a Tribunal makes an interim classification in respect of an article any person who submitted, or would have been entitled to submit, the article under section 13 may- (a) within 5 days of that interim classification taking effect; and (b) by notice in writing in the prescribed form to the Registrar,require a Tribunal to review that interim classification at a full hearing. (1A) Subject to subsection (2)(b), the Tribunal for a full hearing held pursuant to subsection (1) or section 17 shall consist of the following persons appointed by the Registrar- (a) a magistrate who shall preside; and (b) 4 or more adjudicators selected from the panel of adjudicators. (Added 73 of 1995 s. 5)(2) At a full hearing- (a) any person who submitted the article the subject of that full hearing and any person who would have been entitled to submit it under section 13(1), the Secretary for Justice, and their representatives, may appear and be heard; and (Amended L.N. 362 of 1997) (b) any adjudicator shall not be competent to sit as a member of the Tribunal at that full hearing if he was a member of the Tribunal which made the interim classification. (Amended 73 of 1995 s. 5)(3) The Registrar shall, at least 5 days prior to a full hearing, give notice of that full hearing once each in an English language newspaper and a Chinese language newspaper published daily and circulating generally in Hong Kong but nothing in this subsection shall require the Registrar to give notice of any adjourned hearing of that full hearing. (4) If in accordance with subsection (3) notice is published in the newspapers referred to in that subsection on different days, notice shall be deemed to have been given on the last of those days. (5) If under subsection (1) no person requires a review of an interim classification at a full hearing, that interim classification shall be deemed to be the classification of the Tribunal which made it. (6) At a full hearing, the Tribunal shall identify the part of the article which causes the obscenity or indecency. (Added 73 of 1995 s. 5) (Enacted 1987) Cap 390 s 16 Full hearing to be in public (1) Subject to subsections (2) and (3), a full hearing shall be conducted in public. (2) Where a Tribunal is of the opinion that the interests of public morality require that all or any persons should be excluded from a full hearing the presiding magistrate may direct that those persons be excluded accordingly; but the power conferred by this subsection shall not be exercised for the purpose of excluding any person who submitted the article, or any person who would have been entitled to submit it, under section 13 or his representative, or any bona fide reporter for any newspaper, magazine or radio or television station. (3) A Tribunal may, whether or not it gives a direction under subsection (2), make an order forbidding the broadcasting, whether by radio or television, or other publication of any report or account of the whole or any part of any evidence adduced before it. (Enacted 1987) Cap 390 s 17 Reconsideration of article (1) Subject to subsection (2), a Tribunal may of its own motion, or at the request of any person who submitted an article or of any person who would have been entitled to submit it under section 13, reconsider the classification of the article and may alter or confirm that classification. |
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