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To provide for the establishment of a Film Censorship Authority, a panel of censors and a panel of advisers, and for regulating and imposing restrictions on the exhibition of films and on the publication of films of certain descriptions; for the approval and classification of films; for the establishment of a Board of Review; for the creation of offences; to make consequential and other amendments to other Ordinances; and for matters connected therewith. (Enacted 1988. Amended 63 of 1993 s. 2) [10 November 1988] (L.N. 249 of 1988) (Originally 25 of 1988) Cap 392 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Film Censorship Ordinance. (Enacted 1988) Cap 392 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "advertising material" (宣传资料) means, a display, figure, film, poster, picture or text used or intended to be used for the purpose of advertising- (a) a film (including a videotape or a laserdisc) which is exhibited or intended for exhibition; (b) a videotape or a laserdisc which is published or intended for publication,and, in relation to paragraph (b), includes packaging except in Parts VIB, VII and VIII; (Replaced 63 of 1993 s. 3. Amended 74 of 1995 s. 2) "adviser" (顾问) means an adviser appointed to the panel of advisers under section 6(2); "Authority" (监督) means the Film Censorship Authority established by section 3; "Board" (委员会) means the Board of Review established by section 16(1); "censor" (检查员) means a censor appointed under section 5; "exercise" (行使) , in relation to any function, includes perform and discharge; "exhibition" (上映) , in relation to a film, means the screening of the film in Hong Kong- (a) at any place of public entertainment within the meaning of section 2 of the Places of Public Entertainment Ordinance (Cap 172); (b) at any public place within the meaning of section 3 of the Interpretation and General Clauses Ordinance (Cap 1) which is not a place of public entertainment referred to in paragraph (a); or (c) at any place to which a person has access by reason of the fact of being a member of a club, society, company, partnership or association of persons, incorporated or unincorporated,but does not include any such screening to- (i) the persons who made the film or who arranged or organized the making of the film; (ii) a person who distributes, or intends to distribute, the film in or outside Hong Kong; (iii) a person who exhibits, or intends to exhibit, the film in or outside Hong Kong; (iv) the projectionist of the film; or (v) any combination of the persons referred to in paragraphs (i), (ii), (iii) and (iv),where no other person is present at such screening; and "exhibit" shall be construed accordingly;"film" (电影、影片) means- (a) a cinematograph film and includes any sound-track associated with such film; (b) a videotape or laserdisc and includes any sound-track associated with such videotape or laserdisc; (Amended 63 of 1993 s. 3) (c) a still film and includes any sound-track associated with such film; (d) any other record of visual moving images that is capable of being used for the subsequent screening of those images and includes any sound-track associated with such record; (e) any combination of the films referred to in paragraphs (a), (b), (c) and (d); or (f) an excerpt or part of a film referred to in paragraph (a), (b), (c), (d) or (e);"functions" (职能) includes powers and duties; "inspector" (督察) means a public officer authorized under section 23(1) to be an inspector for the purposes of this Ordinance; "meeting" (会议) means a meeting of the Board; "member" (委员) means a member of the Board; "panel of advisers" (顾问小组) means the panel of advisers established by section 6(1); "panel of censors" (检查员小组) means the panel of censors established by section 4(1); "proof of identity" (身分证明) means proof of identity within the meaning of section 17B of the Immigration Ordinance (Cap 115); "Secretary" (局长) means the Secretary for Commerce, Industry and Technology; (Replaced L.N. 106 of 2002) "still film" (定画影片) means a slide, or a series of slides, including single frames of a film, of visual non-moving images that is or are capable of being used for the subsequent screening of those images; "working day" (工作天) means any day other than a public holiday or a gale warning day within the meaning of section 2 of the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap 62). (Amended 63 of 1993 s. 3)(2) For the purposes of this Ordinance, where a film is exhibited- (a) at any place of public entertainment- (i) within the meaning of section 2 of the Places of Public Entertainment Ordinance (Cap 172); and (ii) in respect of which a licence granted under that Ordinance is in force, the person holding that licence shall be taken to be the person who exhibits that film; and(b) at any other place, the person who arranges or organizes that exhibition of the film shall be taken to be the person who exhibits that film.(2A) For the purposes of this Ordinance, a person publishes a videotape or laserdisc if he, whether or not for gain- |