Page:Control of Obscene and Indecent Articles Ordinance 1987 (Cap. 390).pdf/7

(2) In relation to any article submitted to it under section 13 a Tribunal may—

(a) refuse an application to make a classification in respect of any article if it considers that article cannot be adequately described for the purpose of giving notice of classification under section 19; or

(b) make a classification that the article is—

(i) a Class I article if it is of the opinion that the article is neither obscene nor indecent;

(ii) a Class II article if it is of the opinion that the article is indecent; or

(iii) a Class III article if it is of the opinion that the article is obscene; and

(c) in respect of any classification that an article is a Class II article and at the time of making that classification, impose conditions relating to the publication of that article.

(3) For the purposes of subsection (1)(c) the opinion of an expert as to the ground of defence in section 28 may be admitted either to establish or negative that ground.

Immunity. 9. Any—

(a) member of a Tribunal; and

(b) witness, party to any proceedings, representative or other person appearing before a Tribunal,

shall have the same privileges and immunities in any proceedings before a Tribunal or in the exercise of a Tribunal's functions as he would have before a court.

Guidance to Tribunal.
[cf. NZ, 1963, No. 22, s. 11.] 10. (1) In determining whether an article is obscene or indecent or whether any matter publicly displayed is indecent, or in classifying an article, a Tribunal shall have regard to—

(a) standards of morality, decency and propriety that are generally accepted by reasonable members of the community, and in relation thereto may have regard to—

(i) in the case of an article, any decision of the Film Censorship Authority under the Film Censorship Regulations to approve or refuse to approve a film, and

(ii) in the case of matter publicly displayed, any decision of the censor under regulation 8 of the (Cap. 172, sub. leg.)Film Censorship Regulations to approve or refuse to approve any poster, picture, figure or text of any advertisement for publication;

(b) the dominant effect of an article or of matter as a whole;

(c) in the case of an article, the persons or class of persons, or age groups of persons, to or amongst whom the article is, or is intended or is likely to be, published;

(d) in the case of matter publicly displayed, the location where the matter is or is to be publicly displayed and the persons or class of persons, or age groups of persons likely to view such matter; and