Hong Kong Ordinances

FILM CENSORSHIP ORDINANCE - SECT 13

Certificate of approval, notice of refusal to approve and notice concerning excision

(Past version on 30/06/1997).

(1) 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)

   (a)  in such form as the Authority may determine; (Amended 9 of 1999 s. 7)

   (b)  in the case of a film given a classification under-

        (i)    section 12(1)(b), endorsed with the condition referred to in
               that section; and

        (ii)   section 12(1)(c), endorsed with the condition referred to in
               that section; (Amended 74 of 1995 s. 7)

   (c)  endorsed with a condition that the film shall not be exhibited with-

        (i)    any additions to; or

        (ii)   any excisions from, the film in the form in which it was
               submitted under section 8;

   (ca) 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)

   (d)  setting out the classification of the film under section 12(1);

   (e)  endorsed with the appropriate symbol referred to in section  12 (2);
        and

   (f)  endorsed with the censorship mark referred to in section 24.

(2) 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.

(3) Where a censor deals with a film under section 10(4)(c), 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-

   (a)  specify in the notice the piece or pieces of the film requiring
        excision; and

   (b)  state in the notice the reasons for the censor's decision.

(4) Where subsection (3) applies in relation to a film, the Authority shall-

   (a)  return the film to the person who submitted the film under section 8
        to make the required excision, or upon that person's request make or
        arrange such excision; and

   (b)  after any such excision has been made-

        (i)    approve the film for exhibition;

        (ii)   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 such excision were made; and

        (iii)  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) (A) in such form as the Authority may determine;
               (Amended 9 of 1999 s. 7) (B) in the case of a film given a
               classification under- (I) section 12(1)(b), endorsed with the
               condition referred to in that section; and (II)
               section 12(1)(c), endorsed with the condition referred to in
               that section; (Amended 74 of 1995 s. 7) (C) 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 such excision; (CA) 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) (D) setting out the classification of the film under
               section 12(1); (E) endorsed with the appropriate symbol
               referred to in section  12 (2); and (F) endorsed with the
               censorship mark referred to in section 24.

(4A) 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)

(4B) The Authority may refuse to issue a certificate of approval under this
section where, having regard to the matters specified in section 10(2)(a) and
(b), he 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)

(4C) 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 videotape or a laserdisc, 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)

(4D) 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)

(5) 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. (Enacted 1988)