Hong Kong Ordinances

FILM CENSORSHIP ORDINANCE - SECT 15B

Submission of and conditions on packaging

(Past version on 30/06/1997).

(1) Where, pursuant to section 15A(1), there is approval for publication of a
videotape or laserdisc in respect of which the classification described in
section 12(1)(c) applies, any packaging to which this subsection applies and
which is intended to be used in relation to the publication of such videotape
or laserdisc shall be submitted to the Authority.

(2) Subsection (1) applies, in the case of a videotape or laserdisc-

   (a)  first published on or after the commencement of the amending 
        Ordinance, to any packaging thereof; and

   (b)  which has been published before such commencement, to packaging
        intended to be first used in respect thereof on or after such
        commencement, but does not apply to any other packaging.

(3) Any packaging submitted under subsection (1) shall be submitted in such
manner and at such place together with the appropriate fee as is prescribed
and together with such form, information and particulars as the Authority may
determine. (Replaced 9 of 1999 s. 8)

(4) Where any packaging is submitted under subsection (1) the Authority-

   (a)  may require in any case where he considers it appropriate, that if the
        videotape or laserdisc concerned is published in that packaging or
        where the packaging is displayed with or without the videotape or
        laserdisc, the part of such packaging constituting the cover of the
        videotape or laserdisc shall be enclosed in an opaque wrapper;
        (Amended 9 of 1999 s. 8)

   (b)  shall, within the prescribed period, issue a certificate as regards
        such packaging, which shall-

        (i)    be in such form as the Authority may determine;

        (ii)   certify that the packaging has been submitted; and

        (iii)  where a requirement is made under paragraph (a), have that
               requirement endorsed on it. (Replaced 9 of 1999 s. 8)

(5) Any person who-

   (a)  publishes a videotape or laserdisc-

        (i)    in relation to which subsection (1) applies pursuant to
               subsection (2);

        (ii)   to which the classification described in section 12(1)(c)
               applies; and

        (iii)  in respect of which there is approval for publication, in
               packaging in respect of which a certificate under subsection
               (4) has not been issued; or

   (b)  displays (with or without a videotape or laserdisc) that part of the
        packaging constituting the cover of such a videotape or laserdisc and
        in respect of which such a certificate has not been issued, commits an
        offence and is liable to a fine of $50000 and imprisonment for 6
        months.

(6) The Authority may, as regards any packaging-

   (a)  not being packaging to which subsection (1) applies; and

   (b)  relating to a videotape or laserdisc which is published or intended to
        be published pursuant to approval under section 15A(1), require that
        if the videotape or laserdisc concerned is published in that packaging
        or the packaging is displayed with or without the videotape or
        laserdisc, the part of such packaging constituting the cover of the
        videotape or laserdisc shall be enclosed in an opaque wrapper.

(7) It shall be a defence to a charge under subsection (5) 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 in force a certificate issued
under subsection (4) in respect of the packaging which is the subject of the
charge.

(8) For the avoidance of doubt it is declared that where there is packaging of
more than one description in respect of a videotape or laserdisc which is
approved for publication pursuant to section 15A(1), the provisions of this
section shall apply in respect of each such packaging.

(9) Where a certificate issued under subsection (4) is revoked or deemed to be
revoked under this Ordinance the Authority shall give notice of such
revocation or deemed revocation, in writing to the person to whom the
certificate was issued, by registered post sent to his last known address.
(Added 74 of 1995 s. 10)

(10) The Authority shall also cause to be published in the Gazette and in at
least one English language newspaper and one Chinese language newspaper,
notice of such revocation or deemed revocation. (Added 74 of 1995 s. 10)

(11) The Authority shall keep and maintain in such form as he thinks fit a
register of notices given under subsection (9). (Added 74 of 1995 s. 10)
(Added 63 of 1993 s. 10)