【法规名称】
【法规编号】 44512 什么是编号？
【正 文】
第7页 CAP 392 FILM CENSORSHIP ORDINANCE
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[接上页] (2) Except where this Ordinance provides otherwise, the following applies to and in relation to a submission under subsection (1)- (a) it shall be deemed for the purposes of this Ordinance to be a submission under section 8 of a film intended for exhibition and accordingly any reference in this Ordinance to a submission under that section shall be construed as including a reference to a submission under subsection (1); (b) any provision in this Ordinance applicable to and in relation to the submission of a film under section 8 shall apply to and in relation to the submission of a videotape or laserdisc under subsection (1); and (c) for the avoidance of doubt it is declared that any reference in this Ordinance to a certificate of exemption or certificate of approval shall be construed as including a reference to a certificate of exemption or a certificate of approval issued under section 9 or 13 pursuant to a submission under subsection (1).(3) For the avoidance of doubt it is declared that, where- (a) as a result of a submission under section 8 and any submission under subsection (1), there is more than one certificate of exemption or certificate of approval in force in respect of a film; and (b) each such certificate of exemption or certificate of approval, as the case may be, relates to a different form of that film,any reference in this Ordinance to a certificate of exemption or a certificate of approval shall be construed having regard to the form of the film concerned and as a reference to the certificate of exemption or the certificate of approval, as the case may be, issued in respect of that film, for that form. (Added 74 of 1995 s. 9) Cap 392 s 15B Submission of and conditions on packaging (1) Where, pursuant to section 15A(1), there is approval for publication of a videotape or laserdisc in respect of which the classification described in section 12(1)(c) applies, any packaging to which this subsection applies and which is intended to be used in relation to the publication of such videotape or laserdisc shall be submitted to the Authority. (2) Subsection (1) applies, in the case of a videotape or laserdisc- (a) first published on or after the commencement of the amending Ordinance, to any packaging thereof; and (b) which has been published before such commencement, to packaging intended to be first used in respect thereof on or after such commencement,but does not apply to any other packaging. (3) Any packaging submitted under subsection (1) shall be submitted in such manner and at such place together with the appropriate fee as is prescribed and together with such form, information and particulars as the Authority may determine. (Replaced 9 of 1999 s. 8) (4) Where any packaging is submitted under subsection (1) the Authority- (a) may require in any case where he considers it appropriate, that if the videotape or laserdisc concerned is published in that packaging or where the packaging is displayed with or without the videotape or laserdisc, the part of such packaging constituting the cover of the videotape or laserdisc shall be enclosed in an opaque wrapper; (Amended 9 of 1999 s. 8) (b) shall, within the prescribed period, issue a certificate as regards such packaging, which shall- (i) be in such form as the Authority may determine; (ii) certify that the packaging has been submitted; and (iii) where a requirement is made under paragraph (a), have that requirement endorsed on it. (Replaced 9 of 1999 s. 8)(5) Any person who- (a) publishes a videotape or laserdisc- (i) in relation to which subsection (1) applies pursuant to subsection (2); (ii) to which the classification described in section 12(1)(c) applies; and (iii) in respect of which there is approval for publication, in packaging in respect of which a certificate under subsection (4) has not been issued; or(b) displays (with or without a videotape or laserdisc) that part of the packaging constituting the cover of such a videotape or laserdisc and in respect of which such a certificate has not been issued,commits an offence and is liable to a fine of $50000 and imprisonment for 6 months. (6) The Authority may, as regards any packaging- (a) not being packaging to which subsection (1) applies; and (b) relating to a videotape or laserdisc which is published or intended to be published pursuant to approval under section 15A(1),require that if the videotape or laserdisc concerned is published in that packaging or the packaging is displayed with or without the videotape or laserdisc, the part of such packaging constituting the cover of the videotape or laserdisc shall be enclosed in an opaque wrapper. (7) It shall be a defence to a charge under subsection (5) for a defendant to prove that, at the time the offence is alleged to have been committed, he had reasonable grounds for believing that there was in force a certificate issued under subsection (4) in respect of the packaging which is the subject of the charge. (8) For the avoidance of doubt it is declared that where there is packaging of more than one description in respect of a videotape or laserdisc which is approved for publication pursuant to section 15A(1), the provisions of this section shall apply in respect of each such packaging. |
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