Hong Kong Ordinances

FILM CENSORSHIP ORDINANCE - SECT 10

Action to be taken by Authority and censor in relation to film which is not exempted

(Past version on 30/06/1997).

(1) 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)

(2) 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)-

   (a)  whether the film portrays, depicts or treats cruelty, torture,
        violence, crime, horror, disability, sexuality or indecent or
        offensive language or behaviour; and (Amended 101 of 1994 s. 2)

   (b)  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)

   (c)  (Repealed 101 of 1994 s. 2)

(3) The censor shall, in viewing the film and considering the matters referred
to in subsection (2), also take into account the following matters-

   (a)  the effect of the film as a whole and its likely effect on the persons
        likely to view the film;

   (b)  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)

   (c)  in relation to the intended exhibition of the film, the circumstances
        of such exhibition. (Amended 101 of 1994 s. 2)

   (d)  (Repealed 101 of 1994 s. 2)

(4) 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)-

   (a)  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;

   (b)  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

   (c)  if he is of the opinion, by reason of a specified piece or specified
        pieces of the film, that the film is not suitable for exhibition
        because of a matter referred to in subsection (2), or that he is
        unable to give the film an appropriate classification under
        section 12(1), record in writing-

        (i)    the classification under section 12(1) he would be prepared to
               give to the film if such specified piece or pieces were excised
               from the film; and

        (ii)   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.

(5) The censor shall make his decision under subsection (4) within the
prescribed period. (Amended 9 of 1999 s. 6)

(6) The censor, before making his decision under subsection (4) and for the
purpose of forming an opinion on which to base such decision-

   (a)  shall consult with the advisers, if any, assigned under subsection (1)
        in respect of the film; (Amended 74 of 1995 s. 5)

   (aa) may consult with the Authority; and (Added 74 of 1995 s. 5)

   (b)  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.

(7) For the purpose of subsections (2), (3), (4), (5) and (6), the
references to "censor" (檢查員) and "film" (影片) mean, respectively, the
censor assigned under subsection (1) in respect of a film and the film in
respect of which that censor is so assigned.

(8) A prescribed fee shall be payable for a film dealt with under this
section. (Enacted 1988)

"censor" (檢查員) and "film" (影片)