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[接上页] (a) forthwith issue to the members who are in Hong Kong- (i) a copy of the notice under that subsection which makes that request; (ii) a copy of the decision to which that request relates; and (iii) a copy of any written representations made under subsection (2) in respect of that request;(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 the issue of the documents concerned under paragraph (a); 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 the issue of those documents; 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 to whom the certificate referred to in subsection (1) was issued in respect of the film to which that request relates- (A) require that person 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) to which that decision relates; and (B) inform that person that he, or his authorized representative, or both, may attend before the Board on the date and time and, if so attending, shall be permitted to make representations;(ii) on the Authority inform the Authority that he, or his authorized representative, or both, may attend before the Board on that date and time and, if so attending, shall be permitted to make representations; and (iii) on any other person whom the chairman of the Board considers to be a person who has an interest in the request or can assist the Board in the review of the decision to which the request relates, inform him that he or his authorized representative, or both, may attend before the Board on that date and time and, if so attending, shall be permitted to make representations. (Replaced 74 of 1995 s. 20)(4) Subject to subsection (7), the Board shall at a meeting review the decision to which a request under subsection (1) relates by- (a) viewing the film (or a copy thereof) to which the decision relates; (b) considering the documents concerned issued to it under subsection (3)(a); and (c) considering the representations, if any, made in pursuance of subsection (3)(c),and thereafter, taking into consideration the matters referred to in section 10(2) and taking into account the matters referred to in section 10(3), shall complete the review by- (i) in relation to the decision, giving directions in writing to the Authority or a censor with respect to the exercise by him of any of his functions under this Ordinance, and the Authority or the censor, as the case may be, shall comply with any such directions; or (ii) in writing, refusing to give any such directions.(5) Where under subsection (4) the Board completes the review of the decision to which a request under subsection (1) relates, the Secretary shall forthwith serve either personally or by registered post on each person on whom a notice was served under subsection (3)(c) a copy of the directions or refusal, as the case may be, given under subsection (4) in respect of that review. (6) Where at a meeting for the purpose of subsection (4) the Board does not complete the review of the decision to which a request under subsection (1) relates, the Board may complete the review at any subsequent meeting, and the review may be continued notwithstanding any change in the membership of the Board. (7) At a meeting for the purpose of subsection (4), 6 members shall form a quorum but if, after 30 minutes have elapsed since the time fixed for the meeting, less than 6 members are in attendance at the meeting, then 4 members shall form a quorum. (8) Where, consequent upon a request under subsection (1), a person fails to comply with a requirement under subsection (3)(c)(i)(A) as specified in a notice served on him under subsection (3)(c)- (a) the Board may refuse to review the decision to which that request relates; and (b) where the Board refuses to review the decision, the certificate referred to in subsection (1) issued in respect of the film to which that request relates shall be deemed to be revoked.(9) Where, consequent upon a request under subsection (1), a person complies with a requirement under subsection (3)(c)(i)(A) as specified in a notice served on him under subsection (3)(c), the Secretary shall, after that request is fully disposed of under this section, forthwith return to that person the film produced to the Secretary in accordance with that notice. (10) The Authority and a censor shall each have such powers as are necessary to give effect to any directions given to him under subsection (4)(i) by the Board, and such powers shall include, in the case of the Authority, the power to revoke a certificate issued under this Ordinance. |