【法规名称】
【法规编号】 44512 什么是编号？
【正 文】
第10页 CAP 392 FILM CENSORSHIP ORDINANCE
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[接上页] (b) any advertising material which is displayed in the manner described in relation to matter in section 2(7) of the Control of Obscene and Indecent Articles Ordinance (Cap 390), shall be regarded as being publicly displayed; and (c) public includes members of a club or a society.(10) A person who commits an offence under subsection (7) or (8) is liable on conviction to a fine of $200000 and imprisonment for 1 year. (11) It shall be a defence to a charge under subsection (10) for a defendant to prove that, at the time the offence is alleged to have been committed, he had reasonable grounds for believing, in the case of- (a) an offence under subsection (7), that there was in force a certificate issued under subsection (5) in respect of the advertising material which is the subject of the charge; and (b) an offence under subsection (8), that the advertising material which is the subject of the charge had not been submitted for approval under this section.(12) Where a certificate issued under subsection (5) is revoked or deemed to be revoked under this Ordinance the Authority shall give notice of such revocation or deemed revocation, in writing to the person to whom the certificate was issued, by registered post sent to his last known address. (13) The Authority shall also cause to be published in the Gazette and in at least one English language newspaper and one Chinese language newspaper, notice of such revocation or deemed revocation. (14) The Authority shall keep and maintain in such form as he thinks fit a register of notices given under subsection (12). (Added 74 of 1995 s. 17) Cap 392 s 16 Board of Review Remarks: Adaptation amendments retroactively made - see 55 of 1999 s. 3 PART VII ESTABLISHMENT OF BOARD OF REVIEW AND FUNCTIONS OF BOARD (1) For the purposes of this Ordinance, there is hereby established a Board of Review. (2) The Board shall consist of the following members- (a) the Secretary ex officio; and (b) (Repealed 74 of 1995 s. 18) (c) 9 other persons not being public officers appointed by the Chief Executive. (Amended 74 of 1995 s. 18; 55 of 1999 s. 3)(3) Subject to sections 17(6), 18(7) and 19(8), at a meeting 6 members shall form a quorum. (4) The procedure of the Board at a meeting shall be determined by the Board. (5) The Chief Executive shall appoint a member referred to in subsection (2)(c) to be the chairman of the Board, but in the event of the chairman's absence from a meeting, the members present shall appoint one of their number to preside as chairman; and the chairman or person presiding shall have a deliberative and a casting vote. (Amended 55 of 1999 s. 3) (5A) The chairman may arrange for the attendance at a meeting of the Board of a legal adviser, for the purpose of advising the Board on any legal matter. (Added 74 of 1995 s. 18) (6) The validity of any proceedings of the Board shall not be affected by- (a) any defect in the appointment of any member; (b) the absence of any member from the meeting at which any such proceeding occurred; or (c) any vacancy among members. (Enacted 1988) Cap 392 s 17 Request of person who submitted film, packaging or advertising material to review decision of Authority or censor (1) Where a person who submits a film under section 8, packaging under section 15B(1) or advertising material under section 15K is aggrieved by a decision of the Authority or a censor, as the case may be, made under this Ordinance in respect of the film, the title of the film, packaging or advertising material, as the case may be, that person may, by notice in writing which- (a) states the reasons why he is so aggrieved; and (b) is delivered to the Secretary, in such manner and at such place as is prescribed, not later than 28 days after the day on which he is notified under this Ordinance of the decision,request the Board to review under this section that decision. (2) Where a request is made under subsection (1), the Secretary shall- (a) forthwith issue to the members who are in Hong Kong- (i) a copy of the notice under that subsection which makes that request; and (ii) a copy of the decision to which that request relates;(b) after consultation with the members appointed under section 16(2)(c) who are in Hong Kong, fix a date and time for a meeting to review the decision to which that request relates which shall be not later than 21 days after delivery of the notice under subsection (1) which makes that request; but if, after that consultation, in the opinion of the Secretary, it is not practicable for him to fix a date and time within that period, he may fix a date and time not later than 35 days after delivery of that notice; and (c) after a date and time is fixed under paragraph (b) for a meeting to review the decision to which that request relates, forthwith by notice in writing served either personally or by registered post- (i) on the person who made that request- (A) require that person, except where the request relates to the title of a film, to produce to the Secretary, at a place specified in that notice, on or before that date and time, the film (or a copy thereof), packaging or advertising material, as the case may be, to which that decision relates; and |
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