To provide for the establishment of a Film Censorship Authority, a panel of censors and a panel of advisers, and for regulating and imposing restrictions on the exhibition of films and on the publication of films of certain descriptions; for the approval and classification of films; for the establishment of a Board of Review; for the creation of offences; to make consequential and other amendments to other Ordinances; and for matters connected therewith.
(Amended 63 of 1993 s. 2)
[10 November 1988] L.N. 249 of 1988
(Format changes—E.R. 6 of 2021)
This Ordinance may be cited as the Film Censorship Ordinance.
In this Ordinance, unless the context otherwise requires—
advertising material (宣傳資料) means, a display, figure, film, poster, picture or text used or intended to be used for the purpose of advertising— (a)a film which is exhibited or intended for exhibition; (b)a physical storage medium for films which is published or intended for publication, and, in relation to paragraph (b), includes packaging except in Parts VIB, VII and VIII; (Replaced 63 of 1993 s. 3. Amended 74 of 1995 s. 2; 42 of 2021 s. 2) adviser (顧問) means an adviser appointed to the panel of advisers under section 6(2); Authority (監督) means the Film Censorship Authority established by section 3; Board (委員會) means the Board of Review established by section 16(1); censor (檢查員) means a censor appointed under section 5; exercise (行使), in relation to any function, includes perform and discharge; exhibition (上映), in relation to a film, means the screening of the film in Hong Kong— (a)at any place of public entertainment within the meaning of section 2 of the Places of Public Entertainment Ordinance (Cap. 172); (b)at any public place within the meaning of section 3 of the Interpretation and General Clauses Ordinance (Cap. 1) which is not a place of public entertainment referred to in paragraph (a); or (c)at any place to which a person has access by reason of the fact of being a member of a club, society, company, partnership or association of persons, incorporated or unincorporated, but does not include any such screening to— (i)the persons who made the film or who arranged or organized the making of the film; (ii)a person who distributes, or intends to distribute, the film in or outside Hong Kong; (iii)a person who exhibits, or intends to exhibit, the film in or outside Hong Kong; (iv)the projectionist of the film; or (v)any combination of the persons referred to in paragraphs (i), (ii), (iii) and (iv), where no other person is present at such screening; and exhibit shall be construed accordingly; film (電影、影片) means— (a)a cinematograph film and includes any sound-track associated with such film; (b)a physical storage medium for films and includes any sound-track associated with the storage medium; (Amended 63 of 1993 s. 3; 42 of 2021 s. 2) (c)a still film and includes any sound-track associated with such film; (d)any other record of visual moving images that is capable of being used for the subsequent screening of those images and includes any sound-track associated with such record; (e)any combination of the films referred to in paragraphs (a), (b), (c) and (d); or (f)an excerpt or part of a film referred to in paragraph (a), (b), (c), (d) or (e); functions (職能) includes powers and duties; inspector (督察) means a public officer authorized under section 23(1) to be an inspector for the purposes of this Ordinance; meeting (會議) means a meeting of the Board; member (委員) means a member of the Board; panel of advisers (顧問小組) means the panel of advisers established by section 6(1); panel of censors (檢查員小組) means the panel of censors established by section 4(1); physical storage medium for films (影片實物儲存媒體) means an article that contains a record of visual moving images, such as a videotape or laserdisc; (Added 42 of 2021 s. 3) proof of identity (身分證明) means proof of identity within the meaning of section 17B of the Immigration Ordinance (Cap. 115); Secretary (局長) means the Secretary for Commerce and Economic Development; (Replaced L.N. 106 of 2002. Amended L.N. 130 of 2007) still film (定畫影片) means a slide, or a series of slides, including single frames of a film, of visual non-moving images that is or are capable of being used for the subsequent screening of those images; working day (工作天) means any day other than a public holiday or a gale warning day within the meaning of section 2 of the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62).(Amended 63 of 1993 s. 3)
For the purposes of this Ordinance, where a film is exhibited—
at any place of public entertainment—
within the meaning of section 2 of the Places of Public Entertainment Ordinance (Cap. 172); and
in respect of which a licence granted under that Ordinance is in force,
the person holding that licence shall be taken to be the person who exhibits that film; and
at any other place, the person who arranges or organizes that exhibition of the film shall be taken to be the person who exhibits that film.
For the purposes of this Ordinance, a person publishes a physical storage medium for films if he, whether or not for gain— (Amended 42 of 2021 s. 2)
distributes, circulates, sells, hires, gives or lends the storage medium to the public or to a section of the public; or
plays, projects or otherwise shows the storage medium 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; 42 of 2021 s. 2)
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.
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.
For the purposes of this Ordinance, there is hereby established a Film Censorship Authority who shall be the public officer appointed by the Secretary.
(Amended 17 of 2011 s. 28)
For the purposes of this Ordinance, there is hereby established a panel of censors.
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)
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.
For the purposes of this Ordinance, there is hereby established a panel of advisers.
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.
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 $1,000,000 and imprisonment for 3 years. (Amended 63 of 1993 s. 4; 9 of 1999 s. 2)
The conditions referred to in subsection (1) are—
that the film is a still film that is not subject to section 8; (Added 9 of 1999 s. 2)
that a certificate of exemption issued under section 9 is in force in respect of the film; or
that a certificate of approval issued under section 13 is in force in respect of the film.
(Amended 42 of 2021 s. 4)
(Amended 42 of 2021 s. 5)
(Added 42 of 2021 s. 6)
(Added 42 of 2021 s. 6)
A film intended for exhibition shall be submitted to the Authority to be dealt with under section 9 or 10.
A film submitted under subsection (1) shall—
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)
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)
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)
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)
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 at level 5 and imprisonment for 6 months. (Added 63 of 1993 s. 5. Amended E.R. 6 of 2021)
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.
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.
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.
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.
(Added 9 of 1999 s. 4)
Where a film is submitted and accepted under section 8, the Authority may exempt it from being dealt with under section 10 if it is, in the Authority’s opinion, of a class or description of film prescribed as suitable to be exempted under this section. (Amended 63 of 1993 s. 6; 9 of 1999 s. 5)
A film may be exempted under this section subject to such conditions, if any, relating to the suitability or unsuitability of the film for exhibition—
to the public in general;
to any class of the public;
at a particular place or a place of a particular class or description; (Amended 63 of 1993 s. 6)
at a particular time;
for a particular purpose;
on one occasion; or
on more than one occasion,
as the Authority thinks fit, and shall be subject to a condition that the film shall not be exhibited with—
any additions to; or
any excisions from,
the film in the form in which it was submitted under section 8.
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—
in such form as the Authority may determine; and
endorsed with the conditions to which the exemption is subject. (Replaced 9 of 1999 s. 5)
Where the Authority issues a certificate of exemption under this section, he may, where he considers it appropriate, require the person who submitted the film under section 8 to deposit with him a physical storage medium for films, being a copy of the film in the form it was exempted, not later than 30 days beginning on the date of issuing that certificate or such longer period as he may allow in a particular case. (Added 74 of 1995 s. 4. Amended 9 of 1999 s. 5; 42 of 2021 s. 2)
A person who fails without reasonable excuse to comply with a requirement under subsection (3A) commits an offence and is liable on a first or second conviction to a fine at level 3 and any subsequent conviction to a fine at level 5. (Added 74 of 1995 s. 4)
The Authority may revoke a certificate of exemption issued under this section by notice in writing served either personally or by registered post on the person to whom the certificate was issued if, having taken into consideration the matters referred to in section 10(2), he is of the opinion that the film in respect of which the certificate was issued should again be submitted under section 8.
A prescribed fee shall be payable for a film dealt with under this section. (Replaced 63 of 1993 s. 6. Amended 9 of 1999 s. 5)
Where a film is submitted and accepted under section 8, the Authority shall, unless the film is dealt with under section 9, assign in respect of the film, as soon as practicable but in any case not later than 7 working days after the film is so accepted, a censor and may at the same time assign not less than 2 advisers. (Amended 63 of 1993 s. 7)
The censor shall as soon as practicable view the film and consider the following matters for the purpose of making his decision under subsection (4)—
whether the film portrays, depicts or treats cruelty, torture, violence, crime, horror, disability, sexuality or indecent or offensive language or behaviour; (Amended 101 of 1994 s. 2; 42 of 2021 s. 7)
whether the film denigrates or insults any particular class of the public by reference to the colour, race, religious beliefs or ethnic or national origins or the sex of the members of that class; (Amended 101 of 1994 s. 2; 42 of 2021 s. 7)
(Repealed 101 of 1994 s. 2)
whether the exhibition of the film would be contrary to the interests of national security. (Added 42 of 2021 s. 7)
The censor shall, in viewing the film and considering the matters referred to in subsection (2), also take into account the following matters—
the effect of the film as a whole and its likely effect on the persons likely to view the film;
the artistic, educational, literary or scientific merit of the film and its importance or value for cultural or social reasons; and (Amended 101 of 1994 s. 2)
in relation to the intended exhibition of the film, the circumstances of such exhibition. (Amended 101 of 1994 s. 2)
(Repealed 101 of 1994 s. 2)
Subject to subsections (5) and (6), the censor shall as soon as practicable after viewing the film, considering the matters referred to in subsection (2) and taking into account the matters referred to in subsection (3)—
if he is of the opinion that the film is suitable for exhibition, approve the film for exhibition, give it a classification under section 12(1) and record in writing by reference to the relevant matter referred to in subsection (2) or (3) a statement of the reasons for his decision;
if he is of the opinion that the film is not suitable for exhibition because of a matter referred to in subsection (2), refuse to approve the film for exhibition and record in writing by reference to the relevant matter referred to in subsection (2) a statement of the reasons for his decision; or
if he is of the opinion that, unless the film is modified in the specified way, either the film is not suitable for exhibition because of a matter referred to in subsection (2), or he is unable to give the film an appropriate classification under section 12(1), record in writing— (Amended 42 of 2021 s. 7)
the classification under section 12(1) he would be prepared to give to the film if the film were so modified; and (Amended 42 of 2021 s. 7)
by reference to the relevant matter referred to in subsection (2), a statement of the reasons for his decision, or the reasons why he is unable to give the film an appropriate classification under section 12(1), as the case may be.
For the purposes of subsection (4)(c), a film is modified in the specified way if either or both of the following modifications are made to the film—
the excision of a particular piece or particular pieces of the film from the film;
the addition of a particular notice to the film. (Added 42 of 2021 s. 7)
Subject to section 10A(5), the censor shall make his decision under subsection (4) within the prescribed period. (Amended 9 of 1999 s. 6; 42 of 2021 s. 7)
The censor, before making his decision under subsection (4) and for the purpose of forming an opinion on which to base such decision—
shall consult with the advisers, if any, assigned under subsection (1) in respect of the film; (Amended 74 of 1995 s. 5)
may consult with the Authority; and (Added 74 of 1995 s. 5)
may, with the approval of the Authority in writing, consult with any other person,
but, in making such decision, is not bound by such consultation.
A prescribed fee shall be payable for a film dealt with under this section.
The Authority may in writing recommend to the Secretary that the decision period be extended for a film submitted and accepted under section 8 if the Authority is of the opinion that—
the exhibition of the film might be contrary to the interests of national security; and
the censor concerned could not reasonably be expected to make a decision for the film under section 10(4) within the decision period because of the time required for considering the matter referred to in section 10(2)(d).
However, no recommendation may be made in relation to the decision period for a film under subsection (1) if the period has expired.
On a recommendation under subsection (1) made in relation to the decision period for a film (original decision period), the Secretary may specify a period extending the original decision period (extended decision period) if the Secretary is also of the opinion that—
the exhibition of the film might be contrary to the interests of national security; and
the censor concerned could not reasonably be expected to make a decision for the film under section 10(4) within the original decision period because of the time required for considering the matter referred to in section 10(2)(d).
An extended decision period must not be more than 28 days after the expiry of the original decision period.
If an extended decision period is specified under subsection (3), the censor concerned is not required to make a decision for the film under section 10(4) within the original decision period, but must make such a decision before the expiry of the extended decision period.
In this section—
decision period (決定期間), in relation to a film, means the period within which the censor concerned must make a decision for the film under section 10(4) as allowed under this Ordinance, including such a period as allowed under this section.(Added 42 of 2021 s. 8)
Where a film is screened for the purpose of section 10, no person shall be present at such screening other than—
a censor;
the advisers, if any, assigned under section 10(1) in respect of the film;
the projectionist of the film;
the Authority and such other persons as the Authority may allow to attend; or
any combination of the persons referred to in paragraphs (a), (b), (c) and (d).
(Added 42 of 2021 s. 10)
Where a censor approves a film for exhibition under section 10(4)(a), he shall classify it as—
approved for exhibition to persons of any age subject to the condition that any advertising material which relates to the film shall display prominently the appropriate symbol applicable under subsection (2); (Amended 74 of 1995 s. 6)
approved for exhibition to persons of any age subject to the condition that any advertising material which relates to the film shall display prominently the appropriate symbol applicable under subsection (2), and of the following notices, contain the one that is specified by him as being appropriate in respect of the film concerned, or a notice to the like effect, next to or adjacent to the symbol, in block letters and Chinese characters prominently and legibly displayed—
| “NOT SUITABLE FOR CHILDREN. | |
| 兒童不宜 | ”; or |
| “NOT SUITABLE FOR YOUNG PERSONS AND CHILDREN. | |
| 青少年及兒童不宜 | ”; or |
(Replaced 74 of 1995 s. 6)
approved for exhibition only to persons who have attained the age of 18 years subject to the condition that any advertising material which relates to the film shall display prominently the appropriate symbol applicable under subsection (2) and contain the following notice, or a notice to the like effect, next to or adjacent to the symbol, in block letters and Chinese characters prominently and legibly displayed—
| “APPROVED FOR EXHIBITION ONLY TO PERSONS WHO HAVE ATTAINED THE AGE OF 18 YEARS. | |
| 只核准對年滿18歲的人上映 | ”. |
(Amended 63 of 1993 s. 8; 74 of 1995 s. 6)
Where a film is classified under subsection (1)(b) or (c), the Authority may, where, having regard to the circumstances he considers it reasonable to do so, exempt from the requirement relating to notice specified in that subsection, such particular advertising material or advertising material of a class or description as he considers appropriate. (Added 63 of 1993 s. 8)
The classification of a film under subsection (1) shall be designated by such symbols for each of the classifications under that subsection as are prescribed.
(Amended 42 of 2021 s. 11)
Subject to subsection (4B), where a censor approves a film for exhibition under section 10(4)(a) and gives it a classification under section 12(1), the Authority shall forthwith issue to the person who submitted the film under section 8 a certificate of approval— (Amended 74 of 1995 s. 7)
in such form as the Authority may determine; (Amended 9 of 1999 s. 7)
in the case of a film given a classification under—
section 12(1)(b), endorsed with the condition referred to in that section; and
section 12(1)(c), endorsed with the condition referred to in that section; (Amended 74 of 1995 s. 7)
endorsed with a condition that the film shall not be exhibited with—
any additions to; or
any excisions from,
the film in the form in which it was submitted under section 8;
endorsed with the condition that any advertising material relating to the film shall contain the title that is stated in the certificate of approval as being the proposed title of the film; (Added 74 of 1995 s. 7)
setting out the classification of the film under section 12(1);
endorsed with the appropriate symbol referred to in section 12(2); and
endorsed with the censorship mark referred to in section 24.
Where a censor refuses to approve a film for exhibition under section 10(4)(b), the Authority shall forthwith give written notice of the censor’s decision under that section to the person who submitted the film under section 8 and shall state in the notice the reasons for the censor’s decision.
If a censor deals with a film under section 10(4)(c), the Authority must as soon as reasonably practicable after the censor has done so—
give written notice of the censor’s decision under that section to the person who submitted the film under section 8;
specify in the notice—
if the censor’s opinion for the film under section 10(4)(c) concerns a modification specified in section 10(4A)(a)—the piece or pieces of the film required to be excised from the film; and
if the censor’s opinion for the film under section 10(4)(c) concerns a modification specified in section 10(4A)(b)—
the content of the notice required to be added to the film; and
the form in which the notice is required to be so added; and
state in the notice the reasons for the censor’s decision. (Replaced 42 of 2021 s. 11)
Where subsection (3) applies in relation to a film, the Authority shall—
return the film to the person who submitted the film under section 8 to make the required modification, or upon that person’s request make or arrange the modification; and
after the modification has been made— (Amended 42 of 2021 s. 11)
approve the film for exhibition;
give the film the classification under section 12(1) which the censor who dealt with the film under section 10(4)(c) recorded in writing as the classification he would be prepared to give the film if the modification were made; and
subject to subsection (4B), issue to the person who submitted the film under section 8 a certificate of approval— (Amended 74 of 1995 s. 7)
in such form as the Authority may determine; (Amended 9 of 1999 s. 7)
in the case of a film given a classification under—
section 12(1)(b), endorsed with the condition referred to in that section; and
section 12(1)(c), endorsed with the condition referred to in that section; (Amended 74 of 1995 s. 7)
endorsed with a condition that the film shall not be exhibited with any additions to, or any excision from, the film in the form in which it is after the modification;
endorsed with the condition that any advertising material relating to the film shall contain the title that is stated in the certificate of approval as being the proposed title of the film; (Added 74 of 1995 s. 7)
setting out the classification of the film under section 12(1);
endorsed with the appropriate symbol referred to in section 12(2); and
endorsed with the censorship mark referred to in section 24. (Amended 42 of 2021 s. 11)
The Authority may impose in relation to a certificate of approval issued under this section such conditions as he thinks fit, relating to the circumstances of exhibition of the film to which the certificate relates. (Added 63 of 1993 s. 9)
The Authority may refuse to issue a certificate of approval under this section where, having taken into consideration the matters referred to in section 10(2), the Authority is of the opinion that the proposed title of the film is unsuitable for exhibition, publication or display to the public. (Added 74 of 1995 s. 7. Amended 42 of 2021 s. 11)
Where the Authority issues a certificate of approval under this section, he may, where he considers it appropriate, require the person who submitted the film under section 8 to deposit with him a physical storage medium for films, being a copy of the film in the form it was approved, not later than 30 days beginning on the date of issuing that certificate or such longer period as he may allow in a particular case. (Added 74 of 1995 s. 7. Amended 9 of 1999 s. 7; 42 of 2021 s. 2)
A person who fails without reasonable excuse to comply with a requirement under subsection (4C) commits an offence and is liable on a first or second conviction to a fine at level 3 and any subsequent conviction to a fine at level 5. (Added 74 of 1995 s. 7)
No certificate of approval shall be issued under this section in respect of a film unless any fee payable under section 10(8) for the film has been paid.
Where a person other than the Authority makes any excision to a film for the purpose of section 13(4), he shall forthwith deposit with the Authority the piece of film so excised.
Subject to subsection (3), the Authority shall retain each piece of film excised by him under section 13(4), or deposited with him under subsection (1) of this section, for not less than 5 years, and thereafter the piece of film may be disposed of in such manner as he thinks fit.
The person who submitted the film under section 8 from which a piece of film retained by the Authority under subsection (2) was excised may, at any time, request in writing the Authority to return to him that piece of film and, unless that piece of film has otherwise been disposed of under subsection (2), the Authority shall forthwith return that piece of film to that person if that person returns to the Authority the certificate of approval issued under section 13(4) in respect of that film.
Where a certificate of approval issued under section 13(4) is returned to the Authority under subsection (3), the certificate shall be deemed to be revoked.
A person who fails to comply with subsection (1) commits an offence and is liable on conviction to a fine at level 3. (Amended E.R. 6 of 2021)
(Division 2 added 42 of 2021 s. 12)
If the Chief Secretary for Administration is of the opinion that the exhibition of a certified film would be contrary to the interests of national security, the Chief Secretary for Administration may in writing direct the Authority to revoke the certificate of the film.
The Authority must, as soon as reasonably practicable after receiving the direction, revoke the certificate of the certified film by written notice served either personally or by registered post on the person to whom the certificate was issued.
The notice must state that a direction has been given under subsection (1) for the film.
In this section—
a reference to a certified film is a reference to a film for which a certificate of exemption issued under section 9, or a certificate of approval issued under section 13, is in force; and
for a certified film, a reference to a certificate is a reference to the certificate that is in force for the film as mentioned in paragraph (a).
(Heading repealed 42 of 2021 s. 9)
If a person has been issued for a film—
a certificate of exemption under section 9; or
a certificate of approval under section 13,
the Authority may, by written notice given to the person, require the person to provide any information about the exhibition of the film that is specified in the notice.
For the purposes of subsection (1), it is immaterial whether the exhibition of the film is an intended exhibition, a current exhibition or a past exhibition.
A notice given to a person under subsection (1)—
must specify a period within which the person must provide the information to the Authority; and
may specify the form and way in which the person must provide the information to the Authority.
(Added 42 of 2021 s. 13)
A person who fails to comply with a notice given to the person under section 14B(1) commits an offence and is liable—
on the first conviction—to a fine at level 3; and
on a subsequent conviction—to a fine at level 5.
It is a defence for a person charged with an offence under subsection (1) to establish that, at the time the offence is alleged to have been committed—
the person had reasonable excuse for failing to comply with the notice; or
without limiting paragraph (a), the information required to be provided—
was not within the knowledge, in the possession or under the control of the person; and
could not reasonably have been ascertained or obtained by the person.
A person is taken to have established a matter that needs to be established for a defence under subsection (2) if—
there is sufficient evidence to raise an issue with respect to that matter; and
the contrary is not proved by the prosecution beyond reasonable doubt.
For the purposes of subsection (2)(a), a person does not have a reasonable excuse for failing to comply with a notice given to the person under section 14B(1) only because the information required to be provided for compliance with the notice might tend to incriminate the person.
A person commits an offence if—
in purported compliance with a notice given to the person under section 14B(1), the person provides any information to the Authority that is false or misleading in a material particular; and
the person knows that, or is reckless as to whether, the information is false or misleading in a material particular.
A person who commits an offence under subsection (5) is liable—
on the first conviction—to a fine at level 3; and
on a subsequent conviction—to a fine at level 5.
(Added 42 of 2021 s. 13)
Subsection (2) applies if—
the Authority imposes a requirement on a person to provide information under section 14B(1);
the information might tend to incriminate the person; and
the person claims, before providing the information, that it might so tend.
The requirement and information are not admissible in evidence against the person in criminal proceedings other than those in which the person is charged with any of the following offences in respect of the information—
an offence under section 14C;
an offence under Part V of the Crimes Ordinance (Cap. 200).
On or before imposing a requirement on a person to provide information under section 14B(1), the Authority must ensure that the person is informed or reminded of the limitations imposed by subsection (2) on the admissibility in evidence of the requirement and information.
(Added 42 of 2021 s. 13)
A person shall not exhibit 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 unless the certificate, or a legible photocopy thereof, is displayed and kept displayed in a conspicuous position in or about the entrance to the part of the place intended to be occupied by persons viewing the exhibition of the film during the period of the exhibition of the film.
A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 3. (Amended E.R. 6 of 2021)
(Amended 42 of 2021 s. 2)
(Part VIA added 63 of 1993 s. 10)
Subject to subsections (2) and (3A), a certificate of approval or a certificate of exemption in force in respect of a film shall operate as approval for the publication of a physical storage medium for films containing— (Amended 74 of 1995 s. 8; 42 of 2021 s. 2)
a record of the visual images (including any soundtrack associated with them) comprised in the film; or
a copy of such a record contained in the film,
to which such certificate relates.
Any person who publishes a physical storage medium for films containing— (Amended 42 of 2021 s. 2)
a record of the visual images (or soundtrack associated with them) comprised in a film; or
a copy of such a record contained in a film,
which has been accepted under section 8, before the issue of a certificate of approval or a certificate of exemption in respect thereof, commits an offence.
Where there is approval for publication of a physical storage medium for films under subsection (1)— (Amended 42 of 2021 s. 2)
pursuant to a certificate of approval, the classification given under section 12 or 13(4) to the film to which the certificate relates shall apply as regards such publication; and
pursuant to a certificate of approval or a certificate of exemption, any condition referred to in section 9(2)(i) or (ii) or 13(1)(c)(i) or (ii) or (ca) or (4)(b)(iii)(C) or (CA), as the case may be, shall apply as regards the publication of the storage medium, as it applies as regards the exhibition of the film to which the relevant certificate relates. (Amended 74 of 1995 s. 8; 42 of 2021 s. 2)
A certificate of approval issued subject to a condition imposed under section 13(4A) shall not operate as approval for the purposes of subsection (1). (Added 74 of 1995 s. 8)
Any person who commits an offence under subsection (2) is liable on conviction to a fine of $1,000,000 and imprisonment for 3 years. (Amended 42 of 2021 s. 14)
It shall be a defence to a charge under subsection (2) 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 approval for publication of the relevant physical storage medium for films. (Amended 42 of 2021 s. 2)
(Amended 42 of 2021 s. 2)
Where there is a certificate of exemption or a certificate of approval in force in respect of a film, a person who intends to publish a physical storage medium for films— (Amended 42 of 2021 s. 2)
containing a record of the visual images (including any sound track associated with the film) comprised in the film to which the certificate relates and additions (whether or not such additions are pieces, if any, excised from that film under section 10(4));
being a physical storage medium for films with excisions from the form in which the film to which the certificate relates was exempted or approved; or
being a physical storage medium for films with both such additions and excisions,
he shall submit the storage medium to the Authority to be dealt with under section 9 or 10.
Except where this Ordinance provides otherwise, the following applies to and in relation to a submission under subsection (1)—
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);
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 physical storage medium for films under subsection (1); and
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).
For the avoidance of doubt it is declared that, where—
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
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. Amended 42 of 2021 s. 2)
Where, pursuant to section 15A(1), there is approval for publication of a physical storage medium for films 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 the storage medium must be submitted to the Authority. (Amended 42 of 2021 s. 2)
Subsection (1) applies, in the case of a physical storage medium for films— (Amended 42 of 2021 s. 2)
first published on or after the commencement* of the amending Ordinance, to any packaging thereof; and
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.
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)
Where any packaging is submitted under subsection (1) the Authority—
may require in any case where he considers it appropriate, that if the relevant physical storage medium for films is published in that packaging or where the packaging is displayed with or without the storage medium, the part of such packaging constituting the cover of the storage medium must be enclosed in an opaque wrapper; (Amended 9 of 1999 s. 8; 42 of 2021 s. 2)
shall, within the prescribed period, issue a certificate as regards such packaging, which shall—
be in such form as the Authority may determine;
certify that the packaging has been submitted; and
where a requirement is made under paragraph (a), have that requirement endorsed on it. (Replaced 9 of 1999 s. 8)
Any person who—
publishes a physical storage medium for films— (Amended 42 of 2021 s. 2)
in relation to which subsection (1) applies pursuant to subsection (2);
to which the classification described in section 12(1)(c) applies; and
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
displays (with or without a physical storage medium for films) that part of the packaging constituting the cover of such a storage medium and in respect of which such a certificate has not been issued, (Amended 42 of 2021 s. 2)
commits an offence and is liable to a fine at level 5 and imprisonment for 6 months. (Amended E.R. 6 of 2021)
The Authority may, as regards any packaging—
not being packaging to which subsection (1) applies; and
relating to a physical storage medium for films which is published or intended to be published pursuant to approval under section 15A(1),
require that if the storage medium is published in that packaging or the packaging is displayed with or without the storage medium, the part of such packaging constituting the cover of the storage medium must be enclosed in an opaque wrapper. (Amended 42 of 2021 s. 2)
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.
For the avoidance of doubt it is declared that where there is packaging of more than one description in respect of a physical storage medium for films which is approved for publication pursuant to section 15A(1), the provisions of this section shall apply in respect of each such packaging. (Amended 42 of 2021 s. 2)
Where a certificate issued under subsection (4) is revoked or deemed to be revoked under this Ordinance the Authority shall give notice of such revocation or deemed revocation, in writing to the person to whom the certificate was issued, by registered post sent to his last known address. (Added 74 of 1995 s. 10)
The Authority shall also cause to be published in the Gazette and in at least one English language newspaper and one Chinese language newspaper, notice of such revocation or deemed revocation. (Added 74 of 1995 s. 10)
The Authority shall keep and maintain in such form as he thinks fit a register of notices given under subsection (9). (Added 74 of 1995 s. 10)
Where there is approval for publication of a physical storage medium for films under section 15A(1) pursuant to a certificate of approval, any advertising material which relates to the storage medium must display prominently the classification symbol applicable under section 15A(3)(a) and, in the case of a physical storage medium for films to which— (Amended 42 of 2021 s. 2)
the classification described in section 12(1)(b) applies, shall contain, of the following notices, the one that is specified by the censor as being appropriate in respect of the film to which the relevant certificate of approval relates, or a notice to the like effect, next to or adjacent to the symbol, in block letters and Chinese characters prominently and legibly displayed—
| “NOT SUITABLE FOR CHILDREN. | |
| 兒童不宜 | ”; or |
| “NOT SUITABLE FOR YOUNG PERSONS AND CHILDREN. | |
| 青少年及兒童不宜 | ”; and |
the classification described in section 12(1)(c) applies, shall contain the following notice, or a notice to the like effect, next to or adjacent to the symbol, in block letters and Chinese characters, prominently and legibly displayed—
| “APPROVED FOR EXHIBITION, DISTRIBUTION, CIRCULATION, SALE, HIRE, PROJECTION, SHOWING, PLAYING, GIVING OR LENDING ONLY TO PERSONS WHO HAVE ATTAINED THE AGE OF 18 YEARS. | |
| 只核准對年滿18歲的人上映、發行、傳交、出售、 出租、放映、展放、放出或播出、交給或出借 | ”. |
(Amended 74 of 1995 s. 11)
Where a physical storage medium for films is published under approval pursuant to a certificate of approval, the classification symbol applicable under section 15A(3)(a) shall be displayed prominently on the storage medium and, in the case of a physical storage medium for films to which— (Amended 42 of 2021 s. 2)
the classification described in section 12(1)(b) applies, there shall be displayed, of the following notices, the one that is specified by the censor as being appropriate in respect of the film to which the relevant certificate of approval relates, or a notice to the like effect, next to or adjacent to the symbol, in block letters and Chinese characters, prominently and legibly displayed—
| “NOT SUITABLE FOR CHILDREN. | |
| 兒童不宜 | ”; or |
| “NOT SUITABLE FOR YOUNG PERSONS AND CHILDREN. | |
| 青少年及兒童不宜 | ”; and |
the classification described in section 12(1)(c) applies, there shall be displayed the following notice, or a notice to the like effect, next to or adjacent to the symbol, in block letters and Chinese characters, prominently and legibly displayed—
| “APPROVED FOR EXHIBITION, DISTRIBUTION, CIRCULATION, SALE, HIRE, PROJECTION, SHOWING, PLAYING, GIVING OR LENDING ONLY TO PERSONS WHO HAVE ATTAINED THE AGE OF 18 YEARS. | |
| 只核准對年滿18歲的人上映、發行、傳交、出售、 出租、放映、展放、放出或播出、交給或出借 | ”. |
(Amended 74 of 1995 s. 12)
Any person who publishes a physical storage medium for films in contravention of section 15C or 15D or wrongfully uses a classification symbol or a notice referred to in either of those sections commits an offence and is liable on conviction to a fine at level 5 and imprisonment for 6 months. (Amended E.R. 6 of 2021)
(Amended 42 of 2021 s. 2)
Where there is in force a certificate of approval or a certificate of exemption in respect of any film, and there has been a publication of a physical storage medium for films, as described in section 15A(1), as regards such film, by the person who has the right (by copyright licence, ownership of the copyright or any other right or licence) to distribute the storage medium to which the certificate of approval or certificate of exemption, as the case may be, relates, he shall notify the Authority in writing of such publication— (Amended 74 of 1995 s. 13; 42 of 2021 s. 2)
in the case of any publication before the commencement* of the amending Ordinance, within 3 months of such commencement; and
in the case of any publication after such commencement, within 1 month after the first such publication.
Any person who fails to comply with subsection (1) commits an offence and is liable on conviction to a fine at level 3. (Amended E.R. 6 of 2021)
Where the Authority is notified under section 15F(1), he may require the person who so notifies him to deposit with the Authority a copy of the relevant physical storage medium for films within 1 month beginning on the date the requirement is made. (Amended 74 of 1995 s. 14; 42 of 2021 s. 2)
Any person who fails without reasonable excuse to comply with a requirement under subsection (1) commits an offence and is liable on a first or second conviction to a fine at level 3 and any subsequent conviction to a fine at level 5. (Amended E.R. 6 of 2021)
(Repealed 74 of 1995 s. 15)
Where a certificate of approval or a certificate of exemption is revoked or deemed to be revoked under this Ordinance, the Authority shall give notice in writing to the person who has notified him under section 15F of the relevant publication, by registered post sent to his last known address, of such revocation or deemed revocation, unless, in the case of the revocation of a certificate of exemption, that person is the person to whom the certificate was issued and has been given notice of the revocation pursuant to section 9(4).
The Authority shall also cause to be published in the Gazette and in at least one English language newspaper and one Chinese language newspaper, notice of such revocation or deemed revocation.
The Authority shall keep and maintain in such form as he thinks fit a register of notices given under subsection (1).
(Amended 74 of 1995 s. 16)
In this Part—
amending Ordinance (作修訂用的條例) means the Film Censorship (Amendment) Ordinance 1993 (63 of 1993); certificate of approval (核准證明書) means a certificate of approval issued in respect of a film submitted under section 8 or the revoked regulations within the meaning of section 32(3); certificate of exemption (豁免證明書) means a certificate of exemption issued under section 9.(Part VIB added 74 of 1995 s. 17)
Subject to subsection (2), any advertising material relating to a film, which has the classification described in section 12(1)(c) or to which that classification applies pursuant to section 15A(3), shall be submitted to the Authority for approval.
The Authority may exempt from the requirement to submit for approval in subsection (1), such particular advertising material or advertising material of a particular class or description as he considers appropriate.
A person who intends to advertise—
for exhibition, a film which has not been dealt with under section 9 or 10; or
for exhibition, a film which has a classification referred to in section 12(1)(a) or (b),
may submit any advertising material relating to such film to the Authority for approval.
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. (Replaced 9 of 1999 s. 9)
Where any advertising material is submitted under this section the Authority may within the prescribed period—
approve the advertising material; or
refuse to approve the advertising material,
and where he approves the advertising material, he shall issue a certificate which shall—
be in such form as the Authority may determine; and
certify that the advertising material has been approved. (Replaced 9 of 1999 s. 9)
In dealing with advertising material submitted under this section the Authority shall take into consideration the matters referred to in section 10(2) and take into account the matters referred to in section 10(3). (Amended 42 of 2021 s. 15)
A person who displays to the public or publishes any advertising material relating to a film which has a classification referred to in section 12(1)(c) or to which that classification applies pursuant to section 15A(3), and in respect of which a certificate has not been issued under subsection (5), commits an offence.
A person who displays to the public or publishes any advertising material which the Authority has refused to approve under subsection (5)(b) commits an offence.
For the purposes of this Part and section 22—
a person publishes advertising material if he does any act in relation to the advertising material which, under section 2(2A), constitutes publication in relation to a physical storage medium for films; (Amended 42 of 2021 s. 2)
any advertising material which is displayed in the manner described in relation to matter in section 2(7) of the Control of Obscene and Indecent Articles Ordinance (Cap. 390), shall be regarded as being publicly displayed; and
A person who commits an offence under subsection (7) or (8) is liable on conviction to a fine of $1,000,000 and imprisonment for 3 years. (Amended 42 of 2021 s. 15)
It shall be a defence to a charge under subsection (10) for a defendant to prove that, at the time the offence is alleged to have been committed, he had reasonable grounds for believing, in the case of—
an offence under subsection (7), that there was in force a certificate issued under subsection (5) in respect of the advertising material which is the subject of the charge; and
an offence under subsection (8), that the advertising material which is the subject of the charge had not been submitted for approval under this section.
Where a certificate issued under subsection (5) is revoked or deemed to be revoked under this Ordinance the Authority shall give notice of such revocation or deemed revocation, in writing to the person to whom the certificate was issued, by registered post sent to his last known address.
The Authority shall also cause to be published in the Gazette and in at least one English language newspaper and one Chinese language newspaper, notice of such revocation or deemed revocation.
The Authority shall keep and maintain in such form as he thinks fit a register of notices given under subsection (12).
For the purposes of this Ordinance, there is hereby established a Board of Review.
The Board shall consist of the following members—
the Secretary ex officio; and
(Repealed 74 of 1995 s. 18)
not less than 5 other persons not being public officers appointed by the Chief Executive. (Amended 74 of 1995 s. 18; 55 of 1999 s. 3; 42 of 2021 s. 16)
Subject to sections 17(6), 18(7) and 19(8), at a meeting 6 members shall form a quorum.
The procedure of the Board at a meeting shall be determined by the Board.
The Chief Executive shall appoint a member referred to in subsection (2)(c) to be the chairman of the Board, but in the event of the chairman’s absence from a meeting, the members present shall appoint one of their number to preside as chairman; and the chairman or person presiding shall have a deliberative and a casting vote. (Amended 55 of 1999 s. 3)
The chairman may arrange for the attendance at a meeting of the Board of a legal adviser, for the purpose of advising the Board on any legal matter. (Added 74 of 1995 s. 18)
The Secretary may appoint a public officer (representative) to, on behalf of the Secretary—
attend a meeting; and
exercise the functions of a member at the meeting. (Added 42 of 2021 s. 16)
If the representative attends a meeting on behalf of the Secretary, the representative is to be treated as a member for determining the quorum for the meeting for the purposes of this Part. (Added 42 of 2021 s. 16)
The validity of any proceedings of the Board shall not be affected by—
any defect in the appointment of any member;
the absence of any member from the meeting at which any such proceeding occurred; or
any vacancy among members.
Where a person who submits a film under section 8, packaging under section 15B(1) or advertising material under section 15K is aggrieved by a decision of the Authority or a censor, as the case may be, made under this Ordinance in respect of the film, the title of the film, packaging or advertising material, as the case may be, that person may, by notice in writing which—
states the reasons why he is so aggrieved; and
is delivered to the Secretary, in such manner and at such place as is prescribed, not later than 28 days after the day on which he is notified under this Ordinance of the decision,
request the Board to review under this section that decision.
Where a request is made under subsection (1), the Secretary shall—
forthwith issue to the members who are in Hong Kong—
a copy of the notice under that subsection which makes that request; and
a copy of the decision to which that request relates;
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 which shall be not later than 21 days after delivery of the notice under subsection (1) which makes that request; but if, after that consultation, in the opinion of the Secretary, it is not practicable for him to fix a date and time within that period, he may fix a date and time not later than 35 days after delivery of that notice; and
after a date and time is fixed under paragraph (b) for a meeting to review the decision to which that request relates, forthwith by notice in writing served either personally or by registered post—
on the person who made that request—
require that person, except where the request relates to the title of a film, to produce to the Secretary, at a place specified in that notice, on or before that date and time, the film (or a copy thereof), packaging or advertising material, as the case may be, to which that decision relates; and
inform that person that he, or his authorized representative, or both, may attend before the Board on that date and time and, if so attending, shall be permitted to make representations;
on the Authority inform the Authority that he, or his authorized representative, or both, may attend before the Board on that date and time and, if so attending, shall be permitted to make representations; and
on any other person whom the chairman of the Board considers to be a person who has an interest in the request or can assist the Board in the review of the decision to which the request relates, inform him that he or his authorized representative, or both, may attend before the Board on that date and time and, if so attending, shall be permitted to make representations. (Replaced 74 of 1995 s. 19)
Subject to subsection (6), the Board shall at a meeting review the decision to which a request under subsection (1) relates by—
except where the request relates to the title of a film, viewing the film (or a copy thereof) or examining the packaging or advertising material to which the decision relates;
considering the documents concerned issued to it under subsection (2)(a); and
considering the representations, if any, made in pursuance of subsection (2)(c),
and thereafter, where appropriate, taking into consideration the matters referred to in section 10(2) and taking into account the matters referred to in section 10(3), shall complete the review by—
in relation to the decision, giving directions in writing to the Authority or a censor with respect to the exercise by him of any of his functions under this Ordinance, and the Authority or the censor, as the case may be, shall comply with any such directions; or
in writing, refusing to give any such directions.
Where under subsection (3) the Board completes the review of the decision to which a request under subsection (1) relates, the Secretary shall forthwith serve either personally or by registered post on each of the persons on whom a notice is served under subsection (2)(c) a copy of the directions or refusal, as the case may be, given under subsection (3) in respect of that review.
Where at a meeting for the purpose of subsection (3) the Board does not complete the review of the decision to which a request under subsection (1) relates, the Board may complete the review at any subsequent meeting, and the review may be continued notwithstanding any change in the membership of the Board.
At a meeting for the purpose of subsection (3), 6 members shall form a quorum but if, after 30 minutes have elapsed since the time fixed for the meeting, less than 6 members are in attendance at the meeting, then 4 members shall form a quorum.
Where, consequent upon a request under subsection (1), a person fails to comply with a requirement under subsection (2)(c)(i)(A) as specified in a notice served on him under subsection (2)(c), the Board shall refuse to review the decision to which that request relates.
Where, consequent upon a request under subsection (1), a person complies with a requirement under subsection (2)(c)(i)(A) as specified in a notice served on him under subsection (2)(c), the Secretary shall, after that request is fully disposed of under this section, forthwith return to that person the film, packaging or advertising material, as the case may be, produced to the Secretary in accordance with that notice.
The Authority and a censor shall each have such powers as are necessary to give effect to any directions given to him under subsection (3)(i) by the Board, and such powers shall include, in the case of the Authority, the power to revoke a certificate issued under this Ordinance.
(Amended 74 of 1995 s. 19)
Where the Authority, having taken into consideration the matters referred to in section 10(2), is of the opinion that the decision under section 10(4) in respect of a film which has resulted in the issue of a certificate of approval under section 13 for the film is not, or is no longer, the appropriate decision under section 10(4) in respect of that film, he may by notice in writing which—
states the reasons why he is of that opinion; and
is delivered to the Secretary, in such manner and at such place as is prescribed,
request the Board to review under this section that decision.
The Authority shall, at the same time as he makes a request under subsection (1), serve, personally or by registered post, on the person to whom the certificate referred to in that subsection was issued in respect of the film to which that request relates—
a copy of the notice under subsection (1) which makes that request; and
a statement informing that person 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.
Where a request is made under subsection (1), the Secretary shall, after the expiration of 7 days from the making of that request—
forthwith issue to the members who are in Hong Kong—
a copy of the notice under that subsection which makes that request;
a copy of the decision to which that request relates; and
a copy of any written representations made under subsection (2) in respect of that request;
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 which shall be not later than 21 days after the issue of the documents concerned under paragraph (a); but if, after that consultation, in the opinion of the Secretary, it is not practicable for him to fix a date and time within that period, he may fix a date and time not later than 35 days after the issue of those documents; and
after a date and time is fixed under paragraph (b) for a meeting to review the decision to which that request relates, forthwith by notice in writing served either personally or by registered post—
on the person to whom the certificate referred to in subsection (1) was issued in respect of the film to which that request relates—
require that person to produce to the Secretary, at a place specified in that notice, on or before that date and time, the film (or a copy thereof) to which that decision relates; and
inform that person that he, or his authorized representative, or both, may attend before the Board on the date and time and, if so attending, shall be permitted to make representations;
on the Authority inform the Authority that he, or his authorized representative, or both, may attend before the Board on that date and time and, if so attending, shall be permitted to make representations; and
on any other person whom the chairman of the Board considers to be a person who has an interest in the request or can assist the Board in the review of the decision to which the request relates, inform him that he or his authorized representative, or both, may attend before the Board on that date and time and, if so attending, shall be permitted to make representations. (Replaced 74 of 1995 s. 20)
Subject to subsection (7), the Board shall at a meeting review the decision to which a request under subsection (1) relates by—
viewing the film (or a copy thereof) to which the decision relates;
considering the documents concerned issued to it under subsection (3)(a); and
considering the representations, if any, made in pursuance of subsection (3)(c),
and thereafter, taking into consideration the matters referred to in section 10(2) and taking into account the matters referred to in section 10(3), shall complete the review by—
in relation to the decision, giving directions in writing to the Authority or a censor with respect to the exercise by him of any of his functions under this Ordinance, and the Authority or the censor, as the case may be, shall comply with any such directions; or
in writing, refusing to give any such directions.
Where under subsection (4) the Board completes the review of the decision to which a request under subsection (1) relates, the Secretary shall forthwith serve either personally or by registered post on each person on whom a notice was served under subsection (3)(c) a copy of the directions or refusal, as the case may be, given under subsection (4) in respect of that review.
Where at a meeting for the purpose of subsection (4) the Board does not complete the review of the decision to which a request under subsection (1) relates, the Board may complete the review at any subsequent meeting, and the review may be continued notwithstanding any change in the membership of the Board.
At a meeting for the purpose of subsection (4), 6 members shall form a quorum but if, after 30 minutes have elapsed since the time fixed for the meeting, less than 6 members are in attendance at the meeting, then 4 members shall form a quorum.
Where, consequent upon a request under subsection (1), a person fails to comply with a requirement under subsection (3)(c)(i)(A) as specified in a notice served on him under subsection (3)(c)—
the Board may refuse to review the decision to which that request relates; and
where the Board refuses to review the decision, the certificate referred to in subsection (1) issued in respect of the film to which that request relates shall be deemed to be revoked.
Where, consequent upon a request under subsection (1), a person complies with a requirement under subsection (3)(c)(i)(A) as specified in a notice served on him under subsection (3)(c), the Secretary shall, after that request is fully disposed of under this section, forthwith return to that person the film produced to the Secretary in accordance with that notice.
The Authority and a censor shall each have such powers as are necessary to give effect to any directions given to him under subsection (4)(i) by the Board, and such powers shall include, in the case of the Authority, the power to revoke a certificate issued under this Ordinance.
(Amended 74 of 1995 s. 20)
Where—
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;
a physical storage medium for films 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; (Amended 42 of 2021 s. 2)
any packaging in respect of which a certificate has been issued under section 15B(4)(b), is displayed to the public or published; or
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—
states the reasons why he is so aggrieved; and
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)
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)
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)
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)
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 copy of the notice under subsection (1) which makes that request; and
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.
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—
forthwith issue to the members who are in Hong Kong—
a copy of the notice under subsection (1) which makes that request;
a copy of the decision to which that request relates; and
a copy of any written representations made under subsection (3) in respect of that request;
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 which shall be not later than 21 days after the issue of the documents concerned under paragraph (a); but if, after that consultation, in the opinion of the Secretary, it is not practicable for him to fix a date and time within that period, he may fix a date and time not later than 35 days after the issue of those documents; and
after a date and time is fixed under paragraph (b) for a meeting to review the decision to which that request relates, forthwith by notice in writing served personally or by registered post—
on every concerned person—
require that person (other than in the case of a person referred to in subsection (12)(f) or a request relating to the title of a film) to produce the relevant film (or a copy thereof), the packaging or advertising material; and
inform that person that he, or his authorized representative, or both, may attend before the Board on that date and time and, if so attending, shall be permitted to make representations;
on the Authority inform him that he, or his authorized representative, or both, may attend before the Board on that date and time and, if so attending, shall be permitted to make representations; and
on any other person whom the chairman of the Board considers to be a person who has an interest in the request or can assist the Board in the review of the decision to which the request relates, inform him that he, or his authorized representative, or both, may attend before the Board on that date and time and, if so attending, shall be permitted to make representations. (Replaced 74 of 1995 s. 21)
Subject to subsection (8), the Board shall at a meeting review the decision to which a request under subsection (1) relates by—
except where the request relates to the title of a film, viewing the relevant film (or a copy thereof), or examining the packaging or advertising material to which the decision relates;
considering the documents concerned issued to it under subsection (4)(a); and
considering the representations, if any, made in pursuance of subsection (4)(c),
and thereafter, where appropriate, taking into consideration the matters referred to in section 10(2) and taking into account the matters referred to in section 10(3), shall complete the review by—
in relation to the decision, giving directions in writing to the Authority or a censor with respect to the exercise by him of any of his functions under this Ordinance, and the Authority or the censor, as the case may be, shall comply with any such directions; or
in writing, refusing to give any such directions.
Where under subsection (5) the Board completes the review of the decision to which a request under subsection (1) relates, the Secretary shall forthwith serve either personally or by registered post on every concerned person a copy of the directions or refusal, as the case may be, given under subsection (5) in respect of that review.
Where at a meeting for the purpose of subsection (5) the Board does not complete the review of the decision to which a request under subsection (1) relates, the Board may complete the review at any subsequent meeting, and the review may be continued notwithstanding any change in the membership of the Board.
At a meeting for the purpose of subsection (5), 6 members shall form a quorum but if, after 30 minutes have elapsed since the time fixed for the meeting, less than 6 members are in attendance at the meeting, then 4 members shall form a quorum.
Where, consequent upon a request under subsection (1), a person fails to comply with a requirement under subsection (4)(c)(i)(A) as specified in a notice served on him under subsection (4)(c)—
the Board may refuse to review the decision to which that request relates; and
where the Board refuses to review the decision, if the request relates to—
the exhibition of a film and the failure was to produce the film (or a copy thereof), the relevant certificate of exemption or certificate of approval shall be deemed to be revoked;
the publication of a physical storage medium for films pursuant to approval under section 15A and the failure was to produce the storage medium, the relevant certificate of approval or certificate of exemption shall cease to operate as approval for publication under that section; (Amended 42 of 2021 s. 2)
a certificate issued under section 15B(4)(b) and the failure was to produce the relevant packaging, the certificate shall be deemed to be revoked; and
a certificate issued under section 15K(5) and the failure was to produce the relevant advertising material, the certificate shall be deemed to be revoked. (Replaced 74 of 1995 s. 21)
Where, consequent upon a request under subsection (1), a person complies with a requirement under subsection (4)(c)(i)(A) as specified in a notice served on him under subsection (4)(c), the Secretary shall, after that request is fully disposed of under this section, forthwith return to that person the film (or the copy thereof), packaging or advertising material, as the case may be, produced to the Secretary in accordance with that notice.
The Authority and a censor shall each have such powers as are necessary to give effect to any directions given to him under subsection (5)(i) by the Board, and such powers shall include, in the case of the Authority, the power to revoke a certificate issued under this Ordinance.
(Amended 74 of 1995 s. 21; 9 of 1999 s. 10)
Sections 17, 18 and 19 do not apply in relation to a decision if the decision is based on an opinion that the exhibition of a film would be contrary to the interests of national security.
For the purposes of subsection (1), it is immaterial—
whether the opinion mentioned in that subsection is the sole reason for the decision concerned; and
if the decision concerned is a decision of the Authority—whether the decision is made for, or in connection with, the Authority’s exercise of a function under Division 2 of Part IV.
(Added 42 of 2021 s. 17)
A person shall not exhibit a film which has the classification referred to in section 12(1)(c) to a person under the age of 18 years.
A person who contravenes subsection (1) commits an offence and is liable—
on a first or second conviction to a fine at level 5; and (Amended 63 of 1993 s. 11)
on a third or subsequent conviction to a fine at level 6. (Amended E.R. 6 of 2021)
A person shall not publish a physical storage medium for films, to which the classification described in section 12(1)(c) applies, to a person under the age of 18 years. (Added 63 of 1993 s. 11. Amended 42 of 2021 s. 2)
Any person who contravenes subsection (2A) commits an offence and is liable on conviction to a fine of $1,000,000 and imprisonment for 3 years. (Added 63 of 1993 s. 11. Amended 42 of 2021 s. 18)
It shall be a defence to a charge under subsection (2) that the person charged took all reasonable precautions during the exhibition of the film to which the charge relates to prevent the exhibition of the film to persons under the age of 18 years.
It shall be a defence to a charge under subsection (2A) to prove that at the time the offence is alleged to have been committed, the person charged inspected an identity card or passport purporting to be the identity card or passport of the person under the age of 18 years and believed on reasonable grounds that such person was not under the age of 18 years. (Added 63 of 1993 s. 11)
A person who contravenes, as regards the exhibition of a film or the publication of a physical storage medium for films, a condition or a requirement, as the case may be, endorsed on— (Amended 42 of 2021 s. 2)
a certificate of exemption issued under section 9;
a certificate of approval issued under section 13; or
a certificate issued under section 15B(4)(b), (Added 63 of 1993 s. 12)
commits an offence and is liable on conviction to a fine at level 5 and imprisonment for 6 months. (Amended E.R. 6 of 2021)
It shall be a defence to a charge under subsection (1) or (4) alleging the contravention of a condition referred to in section 9(2)(i) and (ii) or 13(1)(c), (4)(b)(iii)(C) or (4A) or a requirement made under section 15B(4) or (6) as the case may be that the person charged—
did not know that the film or packaging, as the case may be, to which the charge relates did not comply with that condition; and
made such inquiries as were reasonable in his circumstances to ascertain whether that film or packaging, as the case may be, complied with that condition.
A person to whom a certificate of exemption is issued under section 9, or a certificate of approval is issued under section 13, in respect of a film who—
provides the film to another person; and
knows that the film so provided—
is intended for exhibition or in the case of a physical storage medium for films, for publication, whether by the person so provided with the film or any other person; and
does not comply with a condition referred to in section 9(2)(i) and (ii) or 13(1)(c) or (4)(b)(iii)(C) endorsed on the certificate,
commits an offence and is liable on conviction to a fine at level 5 and imprisonment for 6 months. (Amended E.R. 6 of 2021)
Subject to subsection (3B), where there is a certificate of approval or a certificate of exemption in force in respect of a film a person who possesses for the purpose of publication, a physical storage medium for films being such a storage medium with additions to or excisions from the form in which it was approved or exempted under this Ordinance, or with both such additions and excisions, commits an offence and is liable on conviction to a fine at level 5 and imprisonment for 6 months. (Added 74 of 1995 s. 22)
Subsection (3A) shall not apply where the certificate of approval or certificate of exemption referred to in those subsections was issued pursuant to—
a submission under section 8, and there is another certificate of approval or certificate of exemption in force in respect of that film issued pursuant to a submission under section 15AA(1) and the relevant physical storage medium for films is in the form in which it was exempted or approved pursuant to the second-mentioned submission; or
a submission under section 15AA(1), and there is another certificate of approval or certificate of exemption issued in respect of that film pursuant to a submission under section 8 and the relevant physical storage medium for films is in the form in which it was approved or exempted pursuant to the second-mentioned submission. (Added 74 of 1995 s. 22)
For the purposes of subsection (3A) a person shall—
be deemed to possess a physical storage medium for films for publication if he possesses it with the intention of manufacturing or reproducing a copy of it for publication; and
be presumed, in the absence of evidence to the contrary, to possess a physical storage medium for films for publication if he is in possession of more than 2 copies of the storage medium in circumstances that give rise to a reasonable suspicion that he intends to publish it. (Added 74 of 1995 s. 22)
Any person who contravenes a condition imposed under section 13(4A) or 15B(6) commits an offence and is liable on conviction to a fine at level 5 and imprisonment for 6 months. (Added 63 of 1993 s. 12. Amended E.R. 6 of 2021)
(Amended 63 of 1993 s. 12; 42 of 2021 s. 2)
A person shall not exhibit a film in respect of which a certificate of exemption issued under section 9 has been revoked or is deemed to be revoked under this Ordinance unless and until there is in force in respect of the film—
a further certificate of exemption issued under section 9; or
a certificate of approval issued under section 13.
A person shall not exhibit a film in respect of which a certificate of approval issued under section 13 has been revoked or is deemed to be revoked under this Ordinance unless and until there is in force in respect of the film—
a certificate of exemption issued under section 9; or
a further certificate of approval issued under section 13.
A person who knowingly contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine of $1,000,000 and imprisonment for 3 years. (Amended 63 of 1993 s. 13; 74 of 1995 s. 23; 42 of 2021 s. 20)
Where—
a certificate of approval issued in respect of a film under section 13; or
a certificate of exemption issued in respect of a film under section 9,
has been revoked or deemed to be revoked under this Ordinance, a person shall not, subject to subsection (5), publish a physical storage medium for films containing a record of the visual images (or soundtrack associated with them) contained in the film to which the certificate relates or which is a copy of such a record contained in a physical storage medium for films to which the certificate relates, unless a further certificate of approval or a certificate of exemption, as the case may be, is issued in respect of the film concerned under the relevant section. (Added 63 of 1993 s. 13. Amended 42 of 2021 s. 2)
The prohibition against publication in subsection (4) shall not apply in relation to any publication during the period of 7 days beginning on the date a notice is first published under section 15I(2). (Added 63 of 1993 s. 13)
Subject to subsection (5B), where—
a certificate issued under section 15B(4)(b) is revoked or deemed to be revoked; or
a certificate issued under section 15K(5) is revoked or deemed to be revoked,
a person shall not, in the case referred to in—
paragraph (a), publish a physical storage medium for films to which the classification described in section 12(1)(c) applies in packaging to which the relevant certificate related or display (with or without a physical storage medium for films) that part of the packaging constituting the cover of such a storage medium; and (Amended 42 of 2021 s. 2)
paragraph (b), display to the public or publish any advertising material to which the relevant certificate related. (Added 74 of 1995 s. 23)
The prohibition in subsection (5A) shall not apply in relation to any publication or display during the period of 7 days beginning on the date the relevant notice is given under section 15B(9) or 15K(12), as the case may be. (Added 74 of 1995 s. 23)
A person who knowingly contravenes subsection (4) commits an offence and is liable on conviction to a fine of $1,000,000 and imprisonment for 3 years. (Added 63 of 1993 s. 13. Amended 74 of 1995 s. 23; 42 of 2021 s. 20)
A person who knowingly contravenes subsection (5A) commits an offence and is liable on conviction to a fine of $1,000,000 and imprisonment for 3 years. (Added 74 of 1995 s. 23. Amended 42 of 2021 s. 20)
The Authority may authorize in writing any public officer to be an inspector for the purposes of this Ordinance.
Subject to subsection (3A), an inspector may—
at all reasonable times enter any place in which he has reason to believe a film is exhibited or intended to be exhibited or a physical storage medium for films is published or intended to be published; (Amended 74 of 1995 s. 24; 42 of 2021 s. 2)
at any time enter any place in which he has reason to believe that an offence under this Ordinance is being or has been committed; and
in any place entered under paragraph (a) or (b)—
seize a film, packaging or advertising material which appears to him to be evidence of an offence under this Ordinance; (Amended 74 of 1995 s. 24)
require any person found in that place to furnish to him for his inspection, his proof of identity or a copy or a purported copy of a certificate issued under section 15B(4)(b) or 15K(5); and (Amended 63 of 1993 s. 14; 74 of 1995 s. 24)
require any person found in that place to furnish to him his residential address or business address (if any), or both, and the telephone number of his residence or the telephone number of his place of business (if any) or both. (Added 74 of 1995 s. 24)
An inspector shall, if requested by any person in any place entered under subsection (2)(a) or (b), produce his authority as such inspector.
Subject to subsection (3C), an inspector shall not under subsection (2) enter and search any place unless a magistrate has issued a warrant under subsection (3B). (Added 63 of 1993 s. 14. Amended 42 of 2021 s. 21)
A magistrate may, if he is satisfied by information on oath that there is reasonable ground for suspecting that there is on any place any film which may be seized under subsection (2), issue a warrant authorizing an inspector to enter and search the place. (Added 63 of 1993 s. 14. Amended 42 of 2021 s. 21)
An inspector may under subsection (2) enter and search any place without warrant if—
the delay necessary to obtain a warrant is likely to result in the loss or destruction of evidence of an offence under this Ordinance; or
for any other reason it would not be reasonably practicable to obtain a warrant in the circumstances of the case. (Added 42 of 2021 s. 21)
A person who—
wilfully obstructs an inspector in the exercise of a power under subsection (2); (Amended 74 of 1995 s. 24)
fails without reasonable excuse to furnish his proof of identity or a copy or purported copy of the certificate issued under section 15B(4)(b) or 15K(5), as the case may be, if so required under subsection (2)(c)(ii); or (Amended 74 of 1995 s. 24)
fails without reasonable excuse to furnish an address or a telephone number required to be furnished under subsection (2)(c)(iii), (Added 74 of 1995 s. 24)
commits an offence and is liable on conviction to a fine at level 5 and imprisonment for 6 months. (Amended 63 of 1993 s. 14; E.R. 6 of 2021)
The Authority may, by notice in the Gazette, adopt, and, in his discretion, by notice in the Gazette, change or amend a censorship mark and such censorship mark shall be evidence that a film in connection with which it is displayed has been approved for exhibition or publication under this Ordinance.
A person who displays the censorship mark adopted under subsection (1), including the censorship mark as changed or amended under that subsection, or a mark calculated to be mistaken for the censorship mark, in connection with a film without the written consent of the Authority commits an offence and is liable on conviction to a fine at level 5 and imprisonment for 6 months. (Amended E.R. 6 of 2021)
(Amended 63 of 1993 s. 15)
Where the Authority is satisfied that a certificate issued under a provision of this Ordinance to a person has been destroyed, lost or stolen, he may, upon application in such form as the Authority may determine by that person, issue to that person a further certificate in like terms and, where any such further certificate is so issued, it shall, for the purposes of this Ordinance, be deemed— (Amended 9 of 1999 s. 11)
to be issued under that provision; and
to be the certificate which the Authority is satisfied has been destroyed, lost or stolen.
A prescribed fee shall be payable for a certificate issued under this section, and no such certificate shall be so issued unless the fee for such certificate has been paid.
A document purporting to be under the hand of the Authority stating that a certificate attached to the document is a copy of a certificate issued under this Ordinance in respect of a film, packaging or advertising material described in that document shall in any proceedings be admitted in evidence on its production without further proof, and until the contrary is proved it shall be presumed that— (Amended 74 of 1995 s. 25)
the person who signed that document was the Authority;
the certificate attached to that document is a true copy of the certificate issued under this Ordinance in respect of the film, packaging or advertising material, as the case may be, described in that document; and (Amended 74 of 1995 s. 25)
the matters contained in the certificate attached to that document are true.
The submission or production of a film under section 8(1), 15AA(1), 17(2)(c)(i), 18(3)(c)(i) or 19(4)(c)(i) or the submission of packaging under section 15B(1) or advertising material under section 15K and the possession by the Authority of a film, packaging or advertising material, as the case may be, resulting from such submission or production, shall be at the risk and expense of the person so submitting or producing any such film, packaging or advertising material, as the case may be. (Amended 63 of 1993 s. 16; 74 of 1995 s. 26)
The—
modification of film by the Authority under section 13(4)(a); (Amended 42 of 2021 s. 22)
deposit of pieces of excised film under section 14(1);
retention of pieces of excised film under section 14(2),
shall be at the risk and expense of the person who submitted the film under section 8.
Any public officer appointed by the Authority for the purposes of this section may exercise any of the functions which the Authority may exercise under this Ordinance except the function under section 6(2). (Amended 63 of 1993 s. 17)
(Repealed 63 of 1993 s. 17)
The Secretary may by regulation provide for— (Amended L.N. 372 of 1996; L.N. 192 of 1998; L.N. 106 of 2002; L.N. 130 of 2007)
the payment of allowances to advisers;
the manner in, and the place at, which a film is to be submitted under section 8 or packaging is to be submitted under section 15B(1) or advertising material is to be submitted under section 15K; (Amended 74 of 1995 s. 27)
(Repealed 9 of 1999 s. 12)
the classes or descriptions of films that are suitable to be exempted under section 9;
(Repealed 9 of 1999 s. 12)
(Repealed 63 of 1993 s. 18)
the symbols designating the classifications of a film under section 12;
(Repealed 9 of 1999 s. 12)
the matters relating to a repository established under section 29A, including the period for which any material in such repository is to be kept, the persons who are eligible to view, inspect or otherwise have access to such material, the procedure for viewing or inspecting any such material and the conditions (if any) subject to which it is to be viewed or inspected; (Added 63 of 1993 s. 18. Amended 74 of 1995 s. 27)
(Repealed 9 of 1999 s. 12)
the manner in, and the place at, which a request under section 17, 18 or 19 is to be delivered to the Secretary; (Amended 9 of 1999 s. 12)
(Repealed 9 of 1999 s. 12)
(Repealed 63 of 1993 s. 18)
the service of any document;
(Repealed 63 of 1993 s. 18)
any period to be prescribed under this Ordinance. (Added 9 of 1999 s. 12)
The Chief Executive in Council may by regulation provide for— (Amended 55 of 1999 s. 3)
the fee payable under section 9(5) or 10(8);
any fee for the purposes of section 15B(3); (Amended 74 of 1995 s. 27)
any fee payable under section 15K(4); (Replaced 74 of 1995 s. 27)
the fee payable under section 25(2);
any fee (which may be different for different purposes) payable under section 29A(2); (Added 74 of 1995 s. 27)
the remission of any fee payable under this Ordinance; and
the better carrying into effect of this Ordinance except as regards matters under which regulations may be made under subsection (1). (Added 63 of 1993 s. 18)
Any regulations made under subsection (1A)(a) may provide for a fee to be fixed at a level which provides for the recovery of expenditure incurred or likely to be incurred in the exercise of any functions under this Ordinance and shall not be limited by reference to the amount of any administrative or other costs incurred or likely to be incurred in the exercise of any particular function.
The Chief Executive in Council may by regulation provide— (Amended 55 of 1999 s. 3)
that the contravention of any regulation made under subsection (1) or (2) or any specified provision of such regulation is an offence; and
in respect of such offence, a penalty not exceeding a fine at level 5 and imprisonment for 6 months. (Replaced 63 of 1993 s. 18. Amended E.R. 6 of 2021)
(Amended 63 of 1993 s. 18)
The Authority shall maintain a repository of—
physical storage medium for films deposited under section 9(3A) or 13(4C); (Amended 9 of 1999 s. 13)
packaging submitted under section 15B(1);
physical storage medium for films deposited under section 15G; and
advertising material submitted under section 15K.
A person may, subject to regulations made under section 29(1)(ha), on the payment of the appropriate prescribed fee, view or inspect—
a physical storage medium for films in a repository referred to in subsection (1), which is or purports to be a copy of a published physical storage medium for films or a film which has been exhibited, for the purpose of comparing the copy or purported copy with the published or exhibited version;
a physical storage medium for films in such a repository to ascertain the conditions, if any, relating to publication; and
packaging or advertising material in such a repository.
(Added 74 of 1995 s. 28. Amended 42 of 2021 s. 2)
The Authority may set the forms to be determined by him or that are required for the purposes of this Ordinance.
The Authority’s power under subsection (1) is subject to any express requirement under this Ordinance for a form to comply with the requirement.
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.
(Added 9 of 1999 s. 14)
The Secretary may, for information, from time to time cause to be prepared and published in the Gazette, for the guidance of censors, guidelines not inconsistent with this Ordinance, indicating the manner in which it is proposed that censors exercise their functions under this Ordinance.
No liability shall be incurred by any public officer in respect of anything done or omitted to be done by him bona fide in the exercise or purported exercise of any of his functions under this Ordinance.
Subject to this section, where any film or matter has been submitted or delivered under regulation 3 or 8 of the revoked regulations at any time before the commencement* of this Ordinance, then the provisions of the Film Censorship Regulations (Cap. 172 sub. leg., 1987 Ed.), as in force immediately before that commencement, shall apply to such film or matter—
in the same manner as they applied to such film or matter immediately before that commencement; and
as if this Ordinance had not been enacted.
Notwithstanding subsection (1), at any time on and from the commencement of this Ordinance, any film referred to in that subsection may be submitted under section 8(1) and, where any such film is so submitted, on and from the date of such submission, the provisions of this Ordinance shall apply to such film so submitted as if such film so submitted had not been submitted under regulation 3 of the revoked regulations.
Any certificate of approval in force in respect of a film or matter submitted under the revoked regulations immediately before the expiry of the period of 12 months beginning on the date of commencement** of the Film Censorship (Amendment) Ordinance 1993 (63 of 1993), shall expire on the expiry of such period. (Added 63 of 1993 s. 19)
Any regulation made under any provision repealed or amended by the Film Censorship (Amendment) Ordinance 1993 (63 of 1993) (the amending Ordinance) and in force immediately before the commencement* of that Ordinance shall continue in force and have effect as if made under this Ordinance by the authority who, having regard to the subject-matter of such regulation, is empowered on or after the commencement of the amending Ordinance to make such regulation, and may be amended or repealed by such authority. (Amended 74 of 1995 s. 29)
Any repository maintained by the Authority immediately before the commencement** of the Film Censorship (Amendment) Ordinance 1995 (74 of 1995) (the amending Ordinance of 1995) under a provision repealed by that Ordinance shall continue to exist notwithstanding such repeal and be deemed to be a repository maintained under section 29A. (Added 74 of 1995 s. 29)
Any regulation made under a provision repealed or amended by section 27(a)(iii) or (b) of the amending Ordinance of 1995 and in force immediately before the commencement of that Ordinance shall continue to be in force notwithstanding such amendment or repeal and be deemed to have been made under this Ordinance as amended by the amending Ordinance of 1995. (Added 74 of 1995 s. 29)
(Added 63 of 1993 s. 20)
(Repealed 63 of 1993 s. 21)