Hong Kong Ordinances

FILM CENSORSHIP ORDINANCE - SECT 2

Interpretation

(Past version on 01/07/2002).
(Past version on 09/04/1998).
(Past version on 30/06/1997).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution.

(1) In this Ordinance, unless the context otherwise requires-

"advertising material" (宣傳資料) means, a display, figure, film, poster,
picture or text used or intended to be used for the purpose of advertising-

   (a)  a film (including a videotape or a laserdisc) which is exhibited or
        intended for exhibition;

   (b)  a videotape or a laserdisc which is published or intended for
        publication, and, in relation to paragraph (b), includes packaging
        except in Parts VIB, VII and VIII; (Replaced 63 of 1993 s. 3. Amended
        74 of 1995 s. 2)

"adviser" (顧問) means an adviser appointed to the panel of advisers under
section 6(2);

"Authority" (監督) means the Film Censorship Authority established by
section 3;

"Board" (委員會) means the Board of Review established by section 16(1);

"censor" (檢查員) means a censor appointed under section 5;

"exercise" (行使) , in relation to any function, includes perform and
discharge;

"exhibition" (上映) , in relation to a film, means the screening of the film
in Hong Kong-

   (a)  at any place of public entertainment within the meaning of section 2
        of the Places of Public Entertainment Ordinance ( Cap 172);

   (b)  at any public place within the meaning of section 3 of the
        Interpretation and General Clauses Ordinance ( Cap 1) which is not a
        place of public entertainment referred to in paragraph (a); or

   (c)  at any place to which a person has access by reason of the fact of
        being a member of a club, society, company, partnership or association
        of persons, incorporated or unincorporated, but does not include any
        such screening to-

        (i)    the persons who made the film or who arranged or organized the
               making of the film;

        (ii)   a person who distributes, or intends to distribute, the film in
               or outside Hong Kong;

        (iii)  a person who exhibits, or intends to exhibit, the film in or
               outside Hong Kong;

        (iv)   the projectionist of the film; or

        (v)    any combination of the persons referred to in paragraphs (i),

        (ii)   , (iii) and (iv),
where no other person is present at such screening; and "exhibit" shall be
construed accordingly;

"film" (電影、影片) means-

   (a)  a cinematograph film and includes any sound-track associated with such
        film;

   (b)  a videotape or laserdisc and includes any sound-track associated with
        such videotape or laserdisc; (Amended 63 of 1993 s. 3)

   (c)  a still film and includes any sound-track associated with such film;

   (d)  any other record of visual moving images that is capable of being used
        for the subsequent screening of those images and includes any
        sound-track associated with such record;

   (e)  any combination of the films referred to in paragraphs (a),

   (b)  , (c) and (d); or

   (f)  an excerpt or part of a film referred to in paragraph (a), (b),

   (c)  , (d) or (e);

"functions" (職能) includes powers and duties;

"inspector" (督察) means a public officer authorized under section 23(1) to
be an inspector for the purposes of this Ordinance;

"meeting" (會議) means a meeting of the Board;

"member" (委員) means a member of the Board;

"panel of advisers" (顧問小組) means the panel of advisers established by
section 6(1);

"panel of censors" (檢查員小組) means the panel of censors established by
section 4(1);

"proof of identity" (身分證明) means proof of identity within the meaning
of section 17B of the Immigration Ordinance ( Cap 115);

"Secretary" (局長) means the Secretary for Commerce and Economic
Development; (Replaced L.N. 106 of 2002. Amended L.N. 130 of 2007)

"still film" (定畫影片) means a slide, or a series of slides, including
single frames of a film, of visual non-moving images that is or are capable of
being used for the subsequent screening of those images;

"working day" (工作天) means any day other than a public holiday or a gale
warning day within the meaning of section 2 of the Judicial Proceedings 
(Adjournment During Gale Warnings) Ordinance ( Cap 62). (Amended 63 of 1993 s.
3)

(2) For the purposes of this Ordinance, where a film is exhibited-

   (a)  at any place of public entertainment-

        (i)    within the meaning of section 2 of the Places of Public 
               Entertainment Ordinance ( Cap 172); and

        (ii)   in respect of which a licence granted under that Ordinance is
               in force, the person holding that licence shall be taken to be
               the person who exhibits that film; and

   (b)  at any other place, the person who arranges or organizes that
        exhibition of the film shall be taken to be the person who exhibits
        that film.

(2A) For the purposes of this Ordinance, a person publishes a videotape or
laserdisc if he, whether or not for gain-

   (a)  distributes, circulates, sells, hires, gives or lends the videotape or
        laserdisc to the public or to a section of the public; or

   (b)  plays, projects or otherwise shows the videotape or laserdisc to, for
        or in the presence of the public or a section of the public, other
        than by way of exhibition. (Added 63 of 1993 s. 3. Amended 74 of 1995
        s. 2)

(2B) In subsection (2A) "public" (公眾人士) includes members of a club or
a society. (Added 63 of 1993 s. 3)

(3) Where a certificate of exemption is issued under section 9, or a
certificate of approval is issued under section 13, in respect of a film, that
certificate shall apply to each copy of that film as if that copy were that
film and, for that purpose, any reference in this Ordinance

(including section 21(3)) or section 3(a) of the Control of Obscene and 
Indecent Articles Ordinance ( Cap 390) to that film shall be deemed to include
a copy of that film.

(4) For the avoidance of doubt, it is hereby declared that where a certificate
of exemption issued under section 9, or a certificate of approval issued under
section 13, in respect of a film is revoked or deemed to be revoked under this
Ordinance, that revocation shall apply in respect of each copy of that film as
it applies to that film. (Enacted 1988)

"advertising material" (宣傳資料)

"adviser" (顧問)

"Authority" (監督)

"Board" (委員會)

"censor" (檢查員)

"exercise" (行使)

"exhibition" (上映)

"film" (電影、影片)

"functions" (職能)

"inspector" (督察)

"meeting" (會議)

"member" (委員)

"panel of advisers" (顧問小組)

"panel of censors" (檢查員小組)

"proof of identity" (身分證明)

"Secretary" (局長)

"still film" (定畫影片)

"working day" (工作天)

"public" (公眾人士)