【法规名称】
【法规编号】 44512 什么是编号？
【正 文】
第2页 CAP 392 FILM CENSORSHIP ORDINANCE
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[接上页] (a) distributes, circulates, sells, hires, gives or lends the videotape or laserdisc to the public or to a section of the public; or (b) plays, projects or otherwise shows the videotape or laserdisc to, for or in the presence of the public or a section of the public, other than by way of exhibition. (Added 63 of 1993 s. 3. Amended 74 of 1995 s. 2)(2B) In subsection (2A) "public" (公众人士) includes members of a club or a society. (Added 63 of 1993 s. 3) (3) Where a certificate of exemption is issued under section 9, or a certificate of approval is issued under section 13, in respect of a film, that certificate shall apply to each copy of that film as if that copy were that film and, for that purpose, any reference in this Ordinance (including section 21(3)) or section 3(a) of the Control of Obscene and Indecent Articles Ordinance (Cap 390) to that film shall be deemed to include a copy of that film. (4) For the avoidance of doubt, it is hereby declared that where a certificate of exemption issued under section 9, or a certificate of approval issued under section 13, in respect of a film is revoked or deemed to be revoked under this Ordinance, that revocation shall apply in respect of each copy of that film as it applies to that film. (Enacted 1988) Cap 392 s 3 Film Censorship Authority PART II ESTABLISHMENT OF FILM CENSORSHIP AUTHORITY AND PANEL OF CENSORS AND PANEL OF ADVISERS For the purposes of this Ordinance, there is hereby established a Film Censorship Authority who shall be the Commissioner for Television and Entertainment Licensing. (Enacted 1988) Cap 392 s 4 Panel of censors Remarks: Adaptation amendments retroactively made - see 55 of 1999 s. 3 (1) For the purposes of this Ordinance, there is hereby established a panel of censors. (2) The panel of censors shall consist of such persons as are, from time to time, appointed to it by the Chief Executive and any such appointment shall be notified in the Gazette. (Amended 55 of 1999 s. 3) (Enacted 1988) Cap 392 s 5 Appointment of censors The Authority may appoint such censors from the panel of censors as may from time to time be necessary for the purposes of this Ordinance. (Enacted 1988) Cap 392 s 6 Panel of advisers (1) For the purposes of this Ordinance, there is hereby established a panel of advisers. (2) The panel of advisers shall consist of such persons as are, from time to time, appointed to it by the Authority by notice in writing. (Enacted 1988) Cap 392 s 7 Restriction on exhibiting films unless exempted or approved PART III RESTRICTION ON EXHIBITION OF FILMS (1) A person who exhibits a film in respect of which none of the conditions specified in subsection (2) has been satisfied commits an offence and is liable on conviction to a fine of $200000 and imprisonment for 1 year. (Amended 63 of 1993 s. 4; 9 of 1999 s. 2) (2) The conditions referred to in subsection (1) are- (aa) that the film is a still film that is not subject to section 8; (Added 9 of 1999 s. 2) (a) that a certificate of exemption has been issued under section 9 in respect of the film; or (b) that a certificate of approval has been issued under section 13 in respect of the film. (Enacted 1988) Cap 392 s 8 Films to be submitted to Authority before exhibition PART IV CENSORSHIP OF FILMS (1) A film intended for exhibition shall be submitted to the Authority to be dealt with under section 9 or 10. (2) A film submitted under subsection (1) shall- (a) be accompanied by a statement as to the classification under section 12(1) which is sought for the film and a declaration in such form as the Authority may determine as to whether the film has been classified under the Control of Obscene and Indecent Articles Ordinance (Cap 390); and (Amended 63 of 1993 s. 5; 9 of 1999 s. 3) (b) be submitted in such manner and at such place as is prescribed together with such form, information and particulars as the Authority may determine. (Replaced 9 of 1999 s. 3)(3) The Authority may refuse to accept a film submitted under this section if it has been classified under the Control of Obscene and Indecent Articles Ordinance (Cap 390). (Added 63 of 1993 s. 5) (3A) The Authority may refuse to accept a film submitted under this section or refuse to deal with a film accepted under this section if any requirement in subsection (2) is not complied with in respect of that film. (Added 74 of 1995 s. 3) (4) Any person who, knowingly or recklessly, makes a declaration under subsection (2) which is false or misleading in a material particular, commits an offence and is liable to a fine of $50000 and imprisonment for 6 months. (Added 63 of 1993 s. 5) (Enacted 1988) Cap 392 s 8A Application of section 8 to still films (1) Notwithstanding section 8 and subject to this section, a still film in respect of which the conditions specified in subsection (2) are satisfied is exempt from section 8. (2) The conditions referred to in subsection (1) are that the still film is exhibited or intended to be exhibited for any purpose not being a commercial purpose and is a still film of a cultural, educational, instructional, promotional or religious nature, exhibited or intended to be exhibited by a cultural, educational, religious or professional organization, or a member of any such organization. |
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