Page:Control of Obscene and Indecent Articles Ordinance 1987 (Cap. 390).pdf/4

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A36
Ord. No. 9/87
CONTROL OF OBSCENE AND INDECENT ARTICLES

“article” means any thing consisting of or containing material to be read or looked at or both read and looked at, any sound recording, and any film, video-tape, disc or other record of a picture or pictures;

“assisting officer” means any police officer or any member of the Customs and Excise Service assisting an authorized officer under section 34(2) in the execution of a warrant;

“authorized officer” means any person authorized by a warrant issued under section 34;

“classification” means a classification by a Tribunal under Part III and includes an interim classification and "classified" shall be construed accordingly;

“full hearing” means a full hearing of a Tribunal under section 15;

“interim classification” means an interim classification made by a Tribunal under section 14:

“juvenile” means a person under the age of 18 years;

“panel of adjudicators” means the panel of adjudicators established under section 5;

“presiding magistrate” means a magistrate appointed to preside under section 7;

“Registrar” means the Registrar of the Supreme Court;

“Tribunal” means an Obscene Articles Tribunal appointed under section 6;

“warrant” means a warrant issued under section 34(1).

(2) For the purposes of this Ordinance—

(a) a thing is obscene if by reason of obscenity it is not suitable to be published to any person; and
(b) a thing is indecent if by reason of indecency it is not suitable to be published to a juvenile.

(3) For the purposes of subsection (2), “obscenity” and “indecency” include violence, depravity and repulsiveness.

(4) [cf. 7 & 8 Eliz. 2 c. 66, s. 1(2).]For the purposes of this Ordinance, a person publishes an article if he, whether or not for gain—

(a) distributes, circulates, sells, hires, gives or lends the article to the public or a section of the public;
(b) in the case of an article—
(i) consisting of or containing material to be looked at; or
(ii) that is a sound recording or a film, video-tape, disc or other record of a picture or pictures,

shows, plays or projects that article to or for the public or a section of the public.

(5) For the purposes of subsection (4)—

(a) [cf. 1964, c. 74, s. 2(1).]“article” includes anything which is intended to be used, either alone or as one of a set, for the purpose of manufacturing or reproducing an article; and