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The Obscene Articles Tribunal, consisting of a Presiding
Magistrate and two or more adjudicators, carries out
two main tasks with respect to articles and matter -
classification and determination.
It classifies articles submitted
by such parties as authors, printers, manufacturers,
publishers, importers, distributors, copyright owners
or any person who commissions the design, production
or publication of the articles concerned. Those who
commission any aspect of an article may also submit
that article for classification, as may the Secretary
for Justice or any authorised public officer.
Additionally a court or magistrate may, in the course
of proceedings, refer an article or matter to the Tribunal,
asking it to determine whether:
- the article is obscene or indecent;
- the matter is indecent; or
- the publication of the article or the public display
of the matter is intended for the public good.
Films are not classified by the Tribunal, but are dealt
with under the Film Censorship Ordinance or the Television
Ordinance.
Under the control of Obscene and Indecent Articles
Ordinance, the Tribunal's power to classify articles
effectively provides society with an effective means
of interpreting in practice the notions of obscenity
and indecency. Indecency is here deemed to include violence,
depravity and repulsiveness.
In arriving at the determination and classification
of an article, the Tribunal is called upon by law to
take account of:
- the standards of morality, decency and propriety
that are generally accepted by reasonable members
of the community;
- the dominant overall effect of an article or matter;
- the persons, classes of persons, or age groups
intended or likely to be targeted by an article's
publication;
- in the case of matter publicly displayed, the location
of such display and the persons, classes of persons,
or age groups likely to view it; and
- whether the article or matter has an honest purpose
or whether instead it seeks to disguise unacceptable
material.
The Tribunal can classify an article as follows:
- Class I - neither obscene nor indecent;
- Class II - indecent; or
- Class III - obscene.
The Tribunal may impose conditions or restrictions
relating to the publication of a Class II article. Class
III articles are prohibited from being published. |
