Hong Kong Ordinances

CONTROL OF OBSCENE AND INDECENT ARTICLES ORDINANCE - SECT 29

Tribunal to have exclusive jurisdiction

(Past version on 01/07/1997).
(Past version on 30/06/1997).

PART V

DETERMINATION BY A TRIBUNAL

(1) A Tribunal shall have exclusive jurisdiction to determine for the purposes
of this Ordinance whether- (Amended 31 of 2003 s. 24)

   (a)  any article is obscene or indecent;

   (b)  any matter that is publicly displayed is indecent; or

   (c)  the ground of defence under section 28 is proved in respect of the
        publication of an article or the public display of any matter.

(2) Subject to subsection (3), where in any civil or criminal proceedings
before a court or magistrate a question arises for the purposes of this
Ordinance as to any of the matters mentioned in subsection (1), that court or
magistrate shall refer that question to a Tribunal; and the parties to those
civil or criminal proceedings and, in the case of proceedings to which a
public officer is not a party, the Secretary for Justice or their
representatives, may appear and be heard at any hearing of that Tribunal
relating to that reference. (Amended L.N. 362 of 1997)

(3) Where in any civil or criminal proceedings before a court or magistrate a
person admits for the purposes of this Ordinance that an article is obscene or
indecent or that any matter publicly displayed is indecent the court or
magistrate may accept that admission and so find against that person, and
subsections (1) and (2) shall not apply. (Enacted 1987. Amended 31 of 2003 s.
24) [cf. 1963 No. 22 s. 12 N.Z.]