Page:Control of Obscene and Indecent Articles Ordinance 1987 (Cap. 390).pdf/5

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CONTROL OF OBSCENE AND INDECENT ARTICLES
Ord. No. 9/87
A37
(b) “person” and “public” include, respectively, a person having the control or management of anything which is or purports to be a club, and the members of that club.

(6) [cf. 1981, c. 42, s. 1(5).]For the purposes of this Ordinance, in determining whether any matter publicly displayed is indecent—

(a) there shall be disregarded any part of that matter which is not exposed to view; and
(b) account may be taken of the effect of juxtaposing one thing with another.

(7) Any matter which is displayed in or so as to be visible from—

(a) any public street or pier, or public garden; and
(b) [cf. 1981, c. 42, s. 1(2).]any place to which the public have or are permitted to have access (whether on payment or otherwise) except a place to which the public are permitted to have access only on payment which is or includes payment for a display of indecent matter,

shall for the purposes of this Ordinance be deemed to be matter publicly displayed.

Ordinance not to apply in case of certain films and advertising material.
(Cap. 172, sub. leg.)
(Cap. 52.)
3. This Ordinance shall not apply in relation to any—

(a) film approved by the Film Censorship Authority under the Film Censorship Regulations;
(b) film permitted to be broadcast under section 32 of the Television Ordinance; or
(c) poster, picture, figure or text of any advertisement approved for publication by the censor under regulation 8 of the Film Censorship Regulations.

Effective date of classification and conditions. 4. For the purposes of this Ordinance—

(a) the classification of any article or matter shall not be regarded as taking effect until notice of that classification is given by the Registrar in accordance with section 19(2); and
(b) conditions shall not be regarded as imposed under section 8(2)(c) until notice thereof is given by the Registrar in accordance with section 19(2).

PART II
Obscene Articles Tribunals

Panel of adjudicators. 5. (1) For the purposes of this Ordinance, there shall be established a panel of adjudicators.

(2) The panel of adjudicators shall consist of such eligible persons as are, from time to time, appointed to it by the Chief Justice by notice in writing.

(3) For the purpose of subsection (2), a person shall be eligible to be appointed to the panel of adjudicators if, in the opinion of the Chief Justice, he is—