Control of Obscene and Indecent Articles Ordinance
Part II
2-6
Section 8
Cap. 390
referred to it by a court or magistrate under Part V a
Tribunal may determine for the purposes of this Ordinance
whether— (Amended 31 of 2003 s. 22)
(a) the article is obscene or indecent;
(b) the matter is indecent; or
(c) the ground of defence under section 28 is proved in
respect of the publication of an article or the public
display of any matter.
(2) In relation to any article submitted to it under section 13, a
Tribunal shall refuse an application to make a classification if
it is of the opinion that the article may be child pornography
within the meaning of section 2(1) of the Prevention of Child
Pornography Ordinance (Cap. 579), and may in any other
case— (Amended 31 of 2003 s. 22)
(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.
Verified Copy
Last updated date
20.9.2018
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