Hong Kong Ordinances

CONTROL OF OBSCENE AND INDECENT ARTICLES ORDINANCE - SECT 2

Interpretation

Caution: This is a past version. See the current version here.

(1) In this Ordinance, unless the context otherwise requires- "adjudicator"
(審裁委員) means an adjudicator appointed to the panel of  adjudicators
under section 5; "application" (申請) means an application under section 13
and "applicant" ( 申請人) shall be construed accordingly; "article"
(物品) means any thing consisting of or containing material to be read or
looked at or both read and looked at, any sound recording, and any film,
video-tape, disc or other record of a picture or pictures; "assisting officer"
(協助人員) means any police officer or any member of the Customs and
Excise Service assisting an authorized officer under section  34 (2) in the
execution of a warrant; "authorized officer" (獲授權人員) means any
person authorized by a warrant issued under section 34; "classification"
(評定類別) means a classification by a Tribunal under Part III and
includes an interim classification and "classified" (經評定) shall be
construed accordingly; "full hearing" (全面聆訊) means a full hearing of a
Tribunal under section 15; "inspector" (督察) means a public officer
authorized under section 36B(1); (Added 73 of 1995 s. 2) "interim
classification" (暫定類別) means an interim classification made by a
Tribunal under section 14; "juvenile" (青少年) means a person under the age
of 18 years; "panel of adjudicators" (審裁委員小組) means the
panel of adjudicators established under section 5; "place of business"
(營業地點) includes in relation to-

   (a)  a company incorporated in Hong Kong under the Companies  Ordinance (
        Cap 32), its registered office; and

   (b)  a company to which Part XI of the Companies Ordinance ( Cap 32)
        applies, the address of any person whose name has been delivered to
        the Registrar of Companies for registration under that Part; (Added 73
        of 1995 s. 2) "presiding magistrate" (主審裁判官) means a
        magistrate appointed to preside under section 7; "Registrar"
        (司法常務官) means the Registrar of the Supreme Court; "Tribunal"
        (審裁處) means an Obscene Articles Tribunal appointed under
        section 6; "warrant" (手令) means a warrant issued under
        section 34(1).

(2) For the purposes of this Ordinance-

   (a)  a thing is obscene if by reason of obscenity it is not suitable to be
        published to any person; and

   (b)  a thing is indecent if by reason of indecency it is not suitable to be
        published to a juvenile.

(3) For the purposes of subsection (2), "obscenity" (淫褻) and "indecency"
(不雅) include violence, depravity and repulsiveness.

(4) For the purposes of this Ordinance, other than section 24(1E) and (1F), a
person publishes an article if he, whether or not for gain- (Amended 73 of
1995 s. 2)

   (a)  distributes, circulates, sells, hires, gives or lends the article to
        the public or a section of the public;

   (b)  in the case of an article-

        (i)    consisting of or containing material to be looked at; or

        (ii)   that is a sound recording or a film, video-tape, disc or other
               record of a picture or pictures, shows, plays or projects that
               article to or for the public or a section of the public. [cf.
               1959 c. 66 s. 1(2) U.K.]

(5) For the purposes of subsection (4)-

   (a)  "article" (物品) includes anything which is intended to be used,
        either alone or as one of a set, for the purpose of manufacturing or
        reproducing an article; and [cf. 1964 c. 74 s. 2(1) U.K.]

   (b)  "person" (人、人士) and "public" (公眾人士) include,
        respectively, a person having the control or management of anything
        which is or purports to be a club, and the members of that club.

(6) For the purposes of this Ordinance, in determining whether any matter
publicly displayed is indecent-

   (a)  there shall be disregarded any part of that matter which is not
        exposed to view; and

   (b)  account may be taken of the effect of juxtaposing one thing with
        another. [cf. 1981 c. 42 s. 1(5) U.K.]

(7) Any matter which is displayed in or so as to be visible from-

   (a)  any public street or pier, or public garden; and

   (b)  any place to which the public have or are permitted to have access
        (whether on payment or otherwise) except a place to which the public
        are permitted to have access only on payment which is or includes
        payment for a display of indecent matter, shall for the purposes of
        this Ordinance be deemed to be matter publicly displayed. [cf. 1981 c.
        42 s. 1(2) U.K.] (Enacted 1987) "adjudicator" (審裁委員)
        "application" (申請) "applicant" (申請人) "article" (物品)
        "assisting officer" (協助人員) "authorized officer"
        (獲授權人員) "classification" (評定類別) "classified"
        (經評定) "full hearing" (全面聆訊) "inspector" (督察)
        "interim classification" (暫定類別) "juvenile" (青少年) "panel
        of adjudicators" (審裁委員小組) "place of business"
        (營業地點) "presiding magistrate" (主審裁判官) "Registrar"
        (司法常務官) "Tribunal" (審裁處) "warrant" (手令)
        "obscenity" (淫褻) and "indecency" (不雅) "person" (人、人士)
        and "public" (公眾人士)