【法规名称】
【法规编号】 44271 什么是编号？
【正 文】
第8页 CAP 390 CONTROL OF OBSCENE AND INDECENT ARTICLES ORDINANCE
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[接上页] (b) at the time the offence is alleged to have been committed, the article the subject of the charge was possessed by him- (i) for the purpose of submitting it, a copy thereof or a print therefrom to the Registrar under section 13; or (ii) as a person licensed under the Broadcasting Ordinance (Cap 562) for the purpose of submitting it under that Ordinance for provision under that Ordinance; (Replaced 48 of 2000 s. 44)(c) at the time the offence is alleged to have been committed, he- (i) had had no reasonable opportunity to inspect the article the subject of the charge; and (ii) had reasonable grounds for believing that the article was not indecent; or(d) at the time the offence is alleged to have been committed, he had good and sufficient reasons to believe that the requirements of section 24 and the conditions imposed under section 8(2)(c) had been complied with. (Added 73 of 1995 s. 10) Cap 390 s 28 Defence of public good It shall be a defence to a charge under this Part in respect of the publication of an article or the public display of matter if that publication or display, as the case may be, is found by a Tribunal to have been intended for the public good on the ground that such publication or display was in the interests of science, literature, art or learning, or any other object of general concern. (Enacted 1987) Cap 390 s 29 Tribunal to have exclusive jurisdiction PART V DETERMINATION BY A TRIBUNAL (1) A Tribunal shall have exclusive jurisdiction to determine for the purposes of this Ordinance whether- (Amended 31 of 2003 s. 24) (a) any article is obscene or indecent; (b) any matter that is publicly displayed 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) Subject to subsection (3), where in any civil or criminal proceedings before a court or magistrate a question arises for the purposes of this Ordinance as to any of the matters mentioned in subsection (1), that court or magistrate shall refer that question to a Tribunal; and the parties to those civil or criminal proceedings and, in the case of proceedings to which a public officer is not a party, the Secretary for Justice or their representatives, may appear and be heard at any hearing of that Tribunal relating to that reference. (Amended L.N. 362 of 1997) (3) Where in any civil or criminal proceedings before a court or magistrate a person admits for the purposes of this Ordinance that an article is obscene or indecent or that any matter publicly displayed is indecent the court or magistrate may accept that admission and so find against that person, and subsections (1) and (2) shall not apply. [cf. 1963 No. 22 s. 12 N.Z.] (Enacted 1987. Amended 31 of 2003 s. 24) Cap 390 s 30 Appeal Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 PART VI APPEALS (1) Any party to any proceedings before a Tribunal may appeal to the Court of First Instance against a decision of that Tribunal on a point of law by giving notice of appeal in writing setting out the grounds of that appeal to the Registrar within 14 days of that decision. (Amended 25 of 1998 s. 2) (2) Where notice of appeal is given under subsection (1) the Registrar shall fix a date for the hearing of the appeal which shall not be later than 28 days after the giving of that notice; but if, in the opinion of the Registrar, it is not practicable for him to fix a date within that period he may fix a date not later than 56 days after the giving of that notice. Cap 390 s 31 Procedure on hearing appeal Remarks: Amendments retroactively made - see 25 of 1998 s. 2 In the case of any appeal under section 30- (a) the Court of First Instance may confirm the decision of the Tribunal or may order it to re-hear or re-open the proceedings to be determined in accordance with the point of law decided by it; (b) the powers and duties of a Court of First Instance shall be exercised and performed by the Chief Judge of the High Court or by such one of the judges as the Chief Judge of the High Court shall from time to time appoint; and (c) the Court of First Instance may make such order as to costs as it may think fit. (Enacted 1987. Amended 79 of 1995 s. 50; 25 of 1998 s. 2) Cap 390 s 32 Presumptions relating to publication PART VII ENFORCEMENT For the purposes of this Ordinance, a person shall- (a) be deemed to possess an article for publication if he possesses it with the intention of manufacturing or reproducing a copy of it for publication; and (b) be presumed, in the absence of evidence to the contrary, to possess an article for publication if he possesses more than 2 copies of it in circumstances that give rise to a reasonable suspicion that he intends to publish it. (Amended 73 of 1995 s. 11) (Enacted 1987) Cap 390 s 33 Proof of certain matters (1) A document purporting to be under the hand of the Registrar certifying that- (a) an article was at any time classified as a Class I, a Class II or a Class III article; |
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