Page:Control of Obscene and Indecent Articles Ordinance 1987 (Cap. 390).pdf/8

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A40
Ord. No. 9/87
CONTROL OF OBSCENE AND INDECENT ARTICLES
(e) whether the article or matter has an honest purpose or whether its content is merely camouflage designed to render acceptable any part of it.

(2) The opinion of an expert as to any of the matters to which a Tribunal must or may have regard under subsection (1) may be admitted in any proceedings before a Tribunal either to establish or negative that matter.

Powers. 11. A Tribunal—

(a) when exercising its jurisdiction under Part V shall have the powers of a magistrate under the (Cap. 227.)Magistrates Ordinance and for that purpose references in that Ordinance to a magistrate shall be deemed to include references to a Tribunal;
(b) when exercising its jurisdiction under Part III may, subject to that Part and Part VIII, determine its own procedure and in particular may—
(i) receive and consider any material, whether by way of oral evidence, written statements, documents or otherwise, notwithstanding that such material would not be admissible in evidence in civil or criminal proceedings;
(ii) by notice in writing signed by the presiding magistrate, require any person to attend before it at any hearing and to give evidence and produce documents;
(iii) administer oaths and affirmations;
(iv) examine on oath, affirmation or otherwise any person attending before it at any hearing and require such person to answer all questions put by or with the consent of that Tribunal;
(v) determine the manner in which the material mentioned in sub-paragraph (i) shall be received; and
(vi) determine the manner in which any article shall be viewed, seen or examined by that Tribunal;
(c) may do all things—
(i) ancillary to the powers conferred by this section; or
(ii) reasonably necessary for the discharge of its functions under this Ordinance.

Offences relating to a Tribunal. 12. Any person who—

(a) refuses or fails to comply with any lawful order, requirement or direction of a Tribunal; or
(b) disturbs or otherwise interferes with the proceedings of a Tribunal,

commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months.

PART III
Classification of Articles by a Tribunal

Submission of article to Tribunal. 13. (1) The author, printer, manufacturer, publisher, importer, distributor or owner of the copyright of any article or any person who commissions the design, production or publication of any article may, by application in the prescribed form, submit that article to the Registrar for classification by a Tribunal.