Film Censorship (Amendment) Bill 1998

Amend the Film Censorship Ordinance.

Enacted by the Legislative Council.

1. Short title and commencement

(1) This Ordinance may be cited as the Film Censorship (Amendment) Ordinance 1998.

(2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Information Technology and Broadcasting by notice in the Gazette.

2. Restriction on exhibiting films

unless exempted or approved

Section 7 of the Film Censorship Ordinance (Cap. 392) is amended---

(a) in subsection (1), by repealing "neither" and substituting "none";

(b) in subsection (2), by adding before paragraph (a)---

"(aa) that the film is a still film that is not subject to

section 8;".

3. Films to be submitted to Authority

before exhibition

Section 8(2) is amended---

(a) in paragraph (a), by repealing "prescribed under section 29(1)" and substituting "the Authority may determine";

(b) by repealing paragraph (b) and substituting---

"(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.".

4. Section added

The following is added---

"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.

(3) Notwithstanding subsection (1), the Authority may, by notice in writing served personally or by registered post on any person who by virtue of subsection (2), exhibits or intends to exhibit a still film of any of the descriptions mentioned in that subsection, require the person on whom the notice is served to submit to him the still film exhibited or intended to be exhibited not later than 5 working days beginning on the date of service or such longer period as he may allow in a particular case.

(4) Where a notice is served under subsection (3), the still film in respect of which it is served shall, whether or not it has been exhibited, be deemed to be subject to section 8.".

5. Exemptions of films by Authority

Section 9 is amended---

(a) in subsection (1), by repealing ", not later than 7 working days after it is so accepted,";

(b) by repealing subsection (3) and substituting---

"(3) Where a film is exempted under this section, the Authority shall within the prescribed period issue to the person who submitted it under section 8 a certificate of exemption---

(a) in such form as the Authority may determine; and

(b) endorsed with the conditions to which the exemption is subject.";

(c) in subsection (5), by repealing "A fee prescribed by regulations made under section 29(1A)" and substituting "A prescribed fee".

6. Action to be taken by Authority and censor

in relation to film which is not exempted

Section 10(5) is amended by repealing everything after "subsection (4)" and substituting "within the prescribed period.".

7. Certificate of approval, notice of refusal to

approve and notice concerning excision

Section 13(1)(a) and (4)(b)(iii)(A) is amended by repealing "the prescribed form" and substituting "such form as the Authority may determine".

8. Submission of and conditions on packaging

Section 15B is amended---

(a) by repealing subsection (3) and substituting---

"(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.";

(b) in subsection (4)(a), by repealing ", within 4 working days of such submission,";

"(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.".

9. Submission for approval of advertising material

Section 15K(4) and (5) is repealed and the following substituted---

"(4) For the purposes of this section, advertising material 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.

(5) Where any advertising material is submitted under this section the Authority may within the prescribed period---

(a) approve the advertising material; or

(b) refuse to approve the advertising material,

and where he approves the advertising material, he shall issue a certificate which shall---

(i) be in such form as the Authority may determine; and

(ii) certify that the advertising material has been approved.".

10. Request of person aggrieved by exhibition of film

to review decision of Authority or censor

Section 19 is amended---

(a) in subsections (1)(ii) and (2), by repealing "Chief Secretary for Administration" and substituting "Secretary";

(b) in subsection (2), by repealing "by delivering that request to the Secretary,";

"(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.

(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.";

(d) in subsection (3), by repealing "under subsection (1) is delivered to the Secretary under subsection (2)" and substituting "is made under subsection (1)";

(e) in subsection (4), by repealing "under subsection (1) which is delivered to the Secretary under subsection (2)" and substituting "made under subsection (1)";

(f) in subsections (5), (6), (7), (9) and (10), by repealing "which is delivered to the Secretary under subsection (2)".

11. Authority may issue replacement certificates

Section 25(1) is amended by repealing "the prescribed form" and substituting "such form as the Authority may determine".

12. Regulations

Section 29(1) is amended---

(a) by repealing paragraphs (c), (e), (h), (hb), (hc), (j) and (k);

(b) in paragraph (i), by repealing "or 18" and substituting ", 18 or 19";

"(p) any period to be prescribed under this Ordinance.".

13. Section added

The following is added---

"29B. Power of Authority to set forms

(1) The Authority may set the forms to be determined by him or that are required for the purposes of this Ordinance.

(2) The Authority's power under subsection (1) is subject to any express requirement under this Ordinance for a form to comply with the requirement.

(3) The Authority may include in a form a statutory declaration to be made by the person completing the form confirming that the particulars contained in the form are correct to the best of the person's knowledge.".

Explanatory Memorandum

This Bill amends the Film Censorship Ordinance (Cap. 392) so as to simplify existing censorship requirements for still films, streamline the operation of the Ordinance, improve the quality of existing services to the trade, simplify the determination and setting of forms and simplify appeal procedures currently available against a decision of the Film Censorship Authority or a censor on film censorship matters under the Ordinance.

2. More particularly---

(a) still films, that is, slides, including single frames of a film, of non-moving visual images that are exhibited or intended to be exhibited for any purpose not being a commercial purpose and that are still films 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 are exempt from the censorship requirements of the Ordinance. Provision is however made for the Authority, if necessary, to require the exhibitors to submit any such still film to him for examination so as to guard against abuse (clauses 2 and 4);

(b) the Authority is given power to determine and set the forms that are required for the purposes of the Ordinance (clauses 3, 5, 7, 8, 9, 11, 12 and 13);

(c) appeal procedures are simplified by enabling requests for a review of a decision of the Authority or a censor to be made to the Board of Review through the Secretary for Information Technology and Broadcasting (clause 10).