Hong Kong Ordinances

BROADCASTING ORDINANCE - SECT 36

Court may prohibit certain television programmes, etc.

PART VII

PROHIBITION AND PROSCRIPTION BY COURT

(1) A licensee shall not include in its licensed service a
television programme, or any part thereof, that is likely, in Hong Kong, to-

   (a)  incite hatred against any group of persons, being a group defined by
        reference to colour, race, sex, religion, nationality or ethnic or
        national origins;

   (b)  result in a general breakdown in law and order; or

   (c)  gravely damage public health or morals.

(2) Where the Chief Secretary reasonably believes that the inclusion of a
television programme, or any part thereof, in a licensed  service would
contravene subsection (1), the Chief Secretary may apply to the Court of First
Instance for an order under this section.

(3) In a case of urgency, the Chief Secretary may, under subsection

(2), make an application for an interim order, ex parte and on affidavit, but
otherwise the application shall be made by motion or summons.

(4) Where the Chief Secretary makes an application under subsection

(2), the Court of First Instance may, where it is satisfied that the inclusion
of a television programme, or any part thereof, in a licensed  service would
contravene subsection (1), make an order prohibiting the inclusion of the
whole or any part of the programme in the licensed  service and requiring any
person who in the opinion of the Court would be knowingly involved in that
contravention to take such steps as the Court may direct for the purpose of
giving effect to the prohibition.

(5) Where the Chief Secretary makes an application under subsection

(2), the Court of First Instance may, by order, require the licensee or any
other person referred to in subsection (4) to produce to it any material in
the possession or control of the licensee or other person and which relates to
the television programme the subject of the application.

(6) Where subsection (3) applies to an application under subsection

(2), the Court of First Instance shall not make an interim order under
subsection (4) or (5) unless it is satisfied that it is a case of urgency.

(7) Any material produced under subsection (5) shall not be admissible in any
criminal proceedings against the licensee, or person, producing it.

(8) Subject to subsection (9), rules of court may provide for-

   (a)  the discharge and variation of orders under this section;

   (b)  proceedings relating to such orders; and

   (c)  costs.

(9) The power to make rules of court under section 54 of the High 
Court Ordinance ( Cap 4) shall include the power to make rules of court for
the purposes of this section.

(10) The jurisdiction of the Court of First Instance under this section shall
not be exercised by the Registrar of the High Court or a Master of that Court.