|
[接上页] (Enacted 1988. Amended 74 of 1995 s. 20) Cap 392 s 19 Request of person aggrieved by exhibition of film to review decision of Authority or censor (1) Where- (a) a film in respect of which a certificate of exemption has been issued under section 9 or a certificate of approval has been issued under section 13, is exhibited; (b) a videotape or laserdisc in respect of which such a certificate of exemption or certificate of approval operates as approval for publication pursuant to section 15A(1), is published; (c) any packaging in respect of which a certificate has been issued under section 15B(4)(b), is displayed to the public or published; or (d) any advertising material in respect of which a certificate has been issued under section 15K(5), is displayed to the public or published,a person who on moral, religious, educational or other grounds is aggrieved by the exhibition, publication or display or the title of the film that is exhibited or published, may by a notice in writing which- (i) states the reasons why he is so aggrieved; and (ii) is delivered to the Secretary, in such manner and at such place as is prescribed, (Amended L.N. 362 of 1997)request the Board to review under this section the decision of the Authority or a censor under this Ordinance which resulted in the issue of the relevant certificate of exemption, certificate of approval, or certificate under section 15B(4)(b) or certificate under section 15K(5), as the case may be. (Replaced 74 of 1995 s. 21) (2) Where a request is made under subsection (1), the Secretary may, where appropriate, after taking into consideration the matters referred to in section 10(2), refer to the Board the decision to which that request relates. (Amended L.N. 362 of 1997) (2A) The Secretary shall only decline to refer a decision to the Board under subsection (2) if he is satisfied that the request to which the decision relates is made in a frivolous or vexatious manner. (Added 9 of 1999 s. 10) (2B) Where the Secretary declines, under subsection (2A), to refer a decision to the Board under subsection (2), he shall give to the person who made the request notice, in writing, of the fact that the decision has not been referred to the Board and the notice shall contain an adequate statement of the reasons why he is satisfied that the request to which the decision relates is made in a frivolous or vexatious manner. (Added 9 of 1999 s. 10) (3) Where a request is made under subsection (1), the Secretary shall forthwith serve, personally or by registered post, on every concerned person and the Authority- (a) a copy of the notice under subsection (1) which makes that request; and (b) a statement informing such concerned person or the Authority, as the case may be, that he may, not later than 7 days after the service of that notice and statement, make written representations to the Board in respect of that request by delivering such representations to the Secretary at such place as is specified in that statement.(4) Where, pursuant to a request made under subsection (1), the documents referred to in subsection (3)(a) and (b) are served, the Secretary shall, after the expiration of 7 days from the service of those documents- (a) forthwith issue to the members who are in Hong Kong- (i) a copy of the notice under subsection (1) 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 (3) 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 wh |