【法规名称】
【法规编号】 44271 什么是编号？
【正 文】
第7页 CAP 390 CONTROL OF OBSCENE AND INDECENT ARTICLES ORDINANCE
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[接上页] (a) the letters and characters constituting the notice shall occupy at least- (i) (A) 20% of each cover of the article; (B) 20% of the packaging of the article if the article has no cover; or (C) 20% of a label affixed to the article and which occupies the whole article if the article has no cover or packaging; and(ii) 20% of each side of its completely opaque wrapper where the article (together with its covers or packaging, if any) is sealed in a completely opaque wrapper;(b) the letters and characters referred to in paragraph (a) shall be of a colour which contrasts with the colour of the background upon which they are printed; (c) the area within which the notice is displayed shall not contain anything other than the letters and characters constituting the notice. (Added 73 of 1995 s. 8)(1E) (a) (i) In case the publisher and the printer of the indecent article are the same person, that person; or (ii) in any other case, the publisher of the article, shall ensure that the requirements of subsections (1A), (1B), (1C) and (1D) are complied with. (b) Subject to subsection (3), any publisher or printer, as the case may be, who contravenes paragraph (a), whether or not he knows that the article is an indecent article, 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. (c) Any person who is not the publisher of an indecent article but wilfully or knowingly allows his name to be printed on it or its completely opaque wrapper (as may be appropriate) as the publisher of it, commits an offence and is liable to a fine at level 5 and to imprisonment for 6 months. (Added 73 of 1995 s. 8)(1F) In subsection (1E), with respect to an indecent article- "the publisher" (出版人) means the person who causes, manages or controls the printing, manufacturing or reproduction of it, as the case may be; "the printer" (印刷人) means the person who prints, manufactures or reproduces it, as the case may be. (Added 73 of 1995 s. 8) (2) Subject to subsection (3), any person who contravenes subsection (1), whether or not he knows that the article is an indecent article, 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. 8) (3) It shall be a defence to a charge under this section to prove that the article the subject of the charge is, or was at the time the offence is alleged to have been committed, classified as a Class I article. (Enacted 1987) Cap 390 s 25 Offences in relation to interim classification Where an article is classified as a Class III article by virtue only of an interim classification, any person who publishes that article, whether or not he knows it has been so classified, commits an offence and is liable to a fine of $1000000 and to imprisonment for 3 years. (Enacted 1987) Cap 390 s 26 Prohibition on publishing Class III article Any person who- (a) publishes; (b) possesses for the purpose of publication; (c) imports for the purpose of publication,any article classified by a Tribunal, other than by virtue only of an interim classification, as a Class III article, whether or not he knows it has been so classified, commits an offence and is liable to a fine of $1000000 and to imprisonment for 3 years. (Enacted 1987) Cap 390 s 27 Restriction on publishing Class II article Where, in relation to any article classified as a Class II article, a Tribunal has imposed conditions under section 8(2)(c), any person who publishes that article otherwise than in accordance with those conditions, whether or not he knows it has been so classified or that those conditions have been imposed, 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. (Enacted 1987. Amended 73 of 1995 s. 9) Cap 390 s 27A Prohibition on possession of indecent article for the purpose of publication (1) Subject to subsection (2), any person who possesses for the purpose of publication any indecent article in respect of which any requirement of section 24 or any condition imposed under section 8(2)(c) is contravened, whether or not he knows that it is an indecent article, or that the indecent article contravenes any requirement of section 24 or that any condition imposed under section 8(2)(c) is contravened, 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. (2) It shall be a defence to a charge under this section for the defendant to prove that- (a) the article the subject of the charge is, or was at the time the offence is alleged to have been committed, classified as a Class I article; |
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