Hong Kong Ordinances

FILM CENSORSHIP ORDINANCE - SECT 15A

Approval for publication

PART VIA

PUBLICATION OF VIDEOTAPES AND LASERDISCS

(1) Subject to subsections (2) and (3A), a certificate of approval or a
certificate of exemption in force in respect of a film shall operate as
approval for the publication of a videotape or laserdisc containing- (Amended
74 of 1995 s. 8)

   (a)  a record of the visual images (including any soundtrack associated
        with them) comprised in the film; or

   (b)  a copy of such a record contained in the film, to which such
        certificate relates.

(2) Any person who publishes a videotape or a laserdisc containing-

   (a)  a record of the visual images (or soundtrack associated with them)
        comprised in the film; or

   (b)  a copy of such a record contained in a film, which has been accepted
        under section 8, before the issue of a certificate  of approval or a
        certificate of exemption in respect thereof, commits an offence.

(3) Where there is approval for publication of a videotape or a laserdisc
under subsection (1)-

   (a)  pursuant to a certificate of approval, the classification given under
        section 12 or 13(4) to the film to which the certificate relates shall
        apply as regards such publication; and

   (b)  pursuant to a certificate of approval or a certificate of  exemption,
        any condition referred to in section 9(2)(i) or (ii) or 13(1)(c)(i) or
        (ii) or (ca) or (4)(b)(iii)(C) or (CA), as the case may be, shall
        apply as regards the publication of such videotape or laserdisc, as it
        applies as regards the exhibition of the film to which the relevant
        certificate relates. (Amended 74 of 1995 s. 8)

(3A) A certificate of approval issued subject to a condition imposed under
section 13(4A) shall not operate as approval for the purposes of subsection
(1). (Added 74 of 1995 s. 8)

(4) Any person who commits an offence under subsection (2) is liable on
conviction to a fine of $200000 and imprisonment for 12 months.

(5) It shall be a defence to a charge under subsection (2) for a defendant to
prove that, at the time the offence is alleged to have been committed, he had
reasonable grounds for believing that there was approval for publication of
the videotape or laserdisc concerned. (Added 63 of 1993 s. 10)