CB(1) 741/98-99(03)

Letterhead of THE LAW SOCIETY OF HONG KONG

Our Ref	:	PA0005/99/23872
Your Ref	:
Direct Line	:
BY FAX/POST

8 January, 1999

Ms. Leung Siu Kum
Clerk to the Bills Committee
3/F Citibank Tower
3 Garden Road
Centrl, Hong Kong

Dear Ms. Leung,

RE: FILM CENSORSHIP (AMENDMENT) BILL l998

The Law Society has reviewed the Film Censorship (Amendment) Bill l998. Please could you place the following comments before the Bills Committee for their consideration.


Yours sincerely,

Joyce Wong
Director of Practitioners Affairs
e-mail: dpa@hklawsoc.org.hk

Encl.

FILM CENSORSHIP (AMENDMENT) BlLL l998("THE BlLL")

The Law Society has the following comments:-

1. If a still film is exempt form section 8 because the conditions specified in subsection (2) of s.8A are satisfied; and

If a person who upon mora1, religious, educational or other grounds is aggrieved by the exhibition of such still film;

(1)what is the remedy available to this person?
(2)can s.19 be amended to include this scenario?

(1)Example: If the still film is concerned with abortion?
(2)Example: If the still film is concerned with certain religious taboos?

2. (1) Under S.9(1), S.9(3), S.15B(4)(b), S.l5K(5), a specified period was set in the original Ordinance such as 4 working days or 7 working days etc. However, the Bil1, it has been deleted or amended to the "prescribed period". Without the time limit, the Authority has an unspecified time to deal with the case. However, the public will have to wait for a longer period as the length of the "prescribed period" is not mentioned in the Ordinance as the "prescribed period" will be determined by the Authority.

3. Chinese version

The Society would like to make the fol1owing observations in respect of Chinese version of the Bill as follows: -