Hong Kong Ordinances

CONTROL OF OBSCENE AND INDECENT ARTICLES ORDINANCE - SECT 10

Guidance to Tribunal

(1) In determining whether an article is obscene or indecent or whether any
matter publicly displayed is indecent, or in classifying an article, a
Tribunal shall have regard to-

   (a)  standards of morality, decency and propriety that are generally
        accepted by reasonable members of the community, and in relation
        thereto may, in the case of an article, have regard to any decision of
        a censor under section 10 of the Film Censorship Ordinance ( Cap 392)
        in respect of a film within the meaning of section 2(1) of that
        Ordinance; (Replaced 25 of 1988 s. 33)

   (b)  the dominant effect of an article or of matter as a whole;

   (c)  in the case of an article, the persons or class of persons, or age
        groups of persons, to or amongst whom the article is, or is intended
        or is likely to be, published;

   (d)  in the case of matter publicly displayed, the location where the
        matter is or is to be publicly displayed and the persons or class of
        persons, or age groups of persons likely to view such matter; and

   (e)  whether the article or matter has an honest purpose or whether its
        content is merely camouflage designed to render acceptable any part of
        it.

(2) The opinion of an expert as to any of the matters to which a Tribunal must
or may have regard under subsection (1) may be admitted in any proceedings
before a Tribunal either to establish or negative that matter. [cf. 1963 No.
22 s.11 NZ] (Enacted 1987)