【法规名称】
【法规编号】 44271 什么是编号？
【正 文】
第6页 CAP 390 CONTROL OF OBSCENE AND INDECENT ARTICLES ORDINANCE
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[接上页] (2) It shall be a defence to a charge under this section to prove that- (a) the article the subject of the charge is, or was at the time that the offence is alleged to have been committed, classified as a Class I article; (b) at the time that the offence is alleged to have been committed, the person so charged inspected an identity card or passport purporting to be the identity card or passport of the juvenile and believed on reasonable grounds that the juvenile was not a juvenile; or (c) the indecent article was published in compliance with conditions relating to its publication imposed by a Tribunal under section 8(2)(c). (Enacted 1987) Cap 390 s 23 Prohibition on display of indecent matter (1) If any indecent matter is publicly displayed the person making the display and any person causing or permitting the display to be made, whether or not he knows that the matter is indecent, commits an offence and is liable to a fine of $400000 and to imprisonment for 12 months on his first conviction, and to a fine of $800000 and to imprisonment for 12 months on a second or subsequent conviction. (Amended 73 of 1995 s. 7) (2) Nothing in this section shall apply in relation to any matter- (a) included in a television programme service provided by a company licensed under the Broadcasting Ordinance (Cap 562); or (Replaced 48 of 2000 s. 44) (b) included in the display of an article in a bona fide art gallery or museum and visible only from within that gallery or museum. [cf. 1981 c. 42 s. 1 U.K.] (Enacted 1987) Cap 390 s 24 Restriction on publishing indecent article (1) A person shall not publish an indecent article- (a) where- (i) the article has no cover or packaging or the covers or packaging is not indecent, unless the article (together with its covers or packaging, if any) is sealed in a transparent wrapper; (ii) either the front cover or back cover of the article or both such covers are indecent (whether or not the article has any packaging and whether or not the packaging is indecent), unless the article (together with the covers, and packaging if any) is sealed in a completely opaque wrapper; or (iii) the packaging of the article is indecent (whether or not the article has any cover and whether or not the covers are indecent), unless the article (together with the covers, if any, and the packaging) is sealed in a completely opaque wrapper;(b) where the article is an article- (i) described in paragraph (a)(i), unless the article bears; or (ii) described in paragraph (a)(ii) or (iii), unless the article and the completely opaque wrapper each bears, a notice which is in the form specified in subsection (1D) and is displayed in accordance with subsection (1C); and(c) unless the article, and its transparent wrapper or completely opaque wrapper, as the case may be, comply with the relevant requirements in subsections (1A) and (1B). (Replaced 73 of 1995 s. 8)(1A) Subject to subsections (1B) and (1C), where an indecent article is published- (a) if it is an article which is sealed in a completely opaque wrapper, nothing other than the name of the article, its date of publication, issue number and selling price shall be displayed on its completely opaque wrapper; or (b) if it is an article which is sealed in a transparent wrapper, nothing shall be displayed on its transparent wrapper. (Added 73 of 1995 s. 8)(1B) Where an indecent article is published- (a) it shall have- (i) where it has no packaging, printed either on its front cover or back cover; (ii) where it has any packaging, (whether or not it has any covers) printed on its packaging; or (iii) where it has no cover or packaging, printed on a label affixed to the article and which occupies the whole article; and(b) where it is sealed in a completely opaque wrapper, it shall have in addition to the requirement in paragraph (a) printed on either side of the completely opaque wrapper,clearly and conspicuously, the name, the full address of place of business and the telephone number of the publisher. (Added 73 of 1995 s. 8) (1C) Where an indecent article is published, the notice referred to in subsection (1) shall be displayed so that it is easily noticeable- (a) (i) on both the front and back covers of the article; (ii) on the packaging of the article if the article has no cover; or (iii) on a label affixed to the article and which occupies the whole article if the article has no cover or packaging; and(b) on both sides of its completely opaque wrapper where the article (together with its covers or packaging, if any) is sealed in a completely opaque wrapper. (Added 73 of 1995 s. 8)(1D) The notice referred to in subsection (1) shall be in the following form- "WARNING: THIS ARTICLE CONTAINS MATERIAL WHICH MAY OFFEND AND MAY NOT BE DISTRIBUTED, CIRCULATED, SOLD, HIRED, GIVEN, LENT, SHOWN, PLAYED OR PROJECTED TO A PERSON UNDER THE AGE OF 18 YEARS 警告： 本物品内容可能令人反感；不可将本物品派发、传阅、出售、出租、交给或出借予年詅未满18岁的人士或将本物品向该等人士出示、播放或放映。";and the following shall apply in respect of the notice- |
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