To provide for the establishment of a Film Censorship Authority, a panel of censors and a panel of advisers, and for regulating and imposing restrictions on the exhibition of films and on the publication of films of certain descriptions; for the approval and classification of films; for the establishment of a Board of Review; for the creation of offences; to make consequential and other amendments to other Ordinances; and for matters connected therewith. (Enacted 1988. Amended 63 of 1993 s. 2) [10 November 1988] (L.N. 249 of 1988) (Originally 25 of 1988) Cap 392 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Film Censorship Ordinance. (Enacted 1988) Cap 392 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "advertising material" (宣传资料) means, a display, figure, film, poster, picture or text used or intended to be used for the purpose of advertising- (a) a film (including a videotape or a laserdisc) which is exhibited or intended for exhibition; (b) a videotape or a laserdisc which is published or intended for publication,and, in relation to paragraph (b), includes packaging except in Parts VIB, VII and VIII; (Replaced 63 of 1993 s. 3. Amended 74 of 1995 s. 2) "adviser" (顾问) means an adviser appointed to the panel of advisers under section 6(2); "Authority" (监督) means the Film Censorship Authority established by section 3; "Board" (委员会) means the Board of Review established by section 16(1); "censor" (检查员) means a censor appointed under section 5; "exercise" (行使) , in relation to any function, includes perform and discharge; "exhibition" (上映) , in relation to a film, means the screening of the film in Hong Kong- (a) at any place of public entertainment within the meaning of section 2 of the Places of Public Entertainment Ordinance (Cap 172); (b) at any public place within the meaning of section 3 of the Interpretation and General Clauses Ordinance (Cap 1) which is not a place of public entertainment referred to in paragraph (a); or (c) at any place to which a person has access by reason of the fact of being a member of a club, society, company, partnership or association of persons, incorporated or unincorporated,but does not include any such screening to- (i) the persons who made the film or who arranged or organized the making of the film; (ii) a person who distributes, or intends to distribute, the film in or outside Hong Kong; (iii) a person who exhibits, or intends to exhibit, the film in or outside Hong Kong; (iv) the projectionist of the film; or (v) any combination of the persons referred to in paragraphs (i), (ii), (iii) and (iv),where no other person is present at such screening; and "exhibit" shall be construed accordingly;"film" (电影、影片) means- (a) a cinematograph film and includes any sound-track associated with such film; (b) a videotape or laserdisc and includes any sound-track associated with such videotape or laserdisc; (Amended 63 of 1993 s. 3) (c) a still film and includes any sound-track associated with such film; (d) any other record of visual moving images that is capable of being used for the subsequent screening of those images and includes any sound-track associated with such record; (e) any combination of the films referred to in paragraphs (a), (b), (c) and (d); or (f) an excerpt or part of a film referred to in paragraph (a), (b), (c), (d) or (e);"functions" (职能) includes powers and duties; "inspector" (督察) means a public officer authorized under section 23(1) to be an inspector for the purposes of this Ordinance; "meeting" (会议) means a meeting of the Board; "member" (委员) means a member of the Board; "panel of advisers" (顾问小组) means the panel of advisers established by section 6(1); "panel of censors" (检查员小组) means the panel of censors established by section 4(1); "proof of identity" (身分证明) means proof of identity within the meaning of section 17B of the Immigration Ordinance (Cap 115); "Secretary" (局长) means the Secretary for Commerce, Industry and Technology; (Replaced L.N. 106 of 2002) "still film" (定画影片) means a slide, or a series of slides, including single frames of a film, of visual non-moving images that is or are capable of being used for the subsequent screening of those images; "working day" (工作天) means any day other than a public holiday or a gale warning day within the meaning of section 2 of the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap 62). (Amended 63 of 1993 s. 3)(2) For the purposes of this Ordinance, where a film is exhibited- (a) at any place of public entertainment- (i) within the meaning of section 2 of the Places of Public Entertainment Ordinance (Cap 172); and (ii) in respect of which a licence granted under that Ordinance is in force, the person holding that licence shall be taken to be the person who exhibits that film; and(b) at any other place, the person who arranges or organizes that exhibition of the film shall be taken to be the person who exhibits that film.(2A) For the purposes of this Ordinance, a person publishes a videotape or laserdisc if he, whether or not for gain- (a) distributes, circulates, sells, hires, gives or lends the videotape or laserdisc to the public or to a section of the public; or (b) plays, projects or otherwise shows the videotape or laserdisc to, for or in the presence of the public or a section of the public, other than by way of exhibition. (Added 63 of 1993 s. 3. Amended 74 of 1995 s. 2)(2B) In subsection (2A) "public" (公众人士) includes members of a club or a society. (Added 63 of 1993 s. 3) (3) Where a certificate of exemption is issued under section 9, or a certificate of approval is issued under section 13, in respect of a film, that certificate shall apply to each copy of that film as if that copy were that film and, for that purpose, any reference in this Ordinance (including section 21(3)) or section 3(a) of the Control of Obscene and Indecent Articles Ordinance (Cap 390) to that film shall be deemed to include a copy of that film. (4) For the avoidance of doubt, it is hereby declared that where a certificate of exemption issued under section 9, or a certificate of approval issued under section 13, in respect of a film is revoked or deemed to be revoked under this Ordinance, that revocation shall apply in respect of each copy of that film as it applies to that film. (Enacted 1988) Cap 392 s 3 Film Censorship Authority PART II ESTABLISHMENT OF FILM CENSORSHIP AUTHORITY AND PANEL OF CENSORS AND PANEL OF ADVISERS For the purposes of this Ordinance, there is hereby established a Film Censorship Authority who shall be the Commissioner for Television and Entertainment Licensing. (Enacted 1988) Cap 392 s 4 Panel of censors Remarks: Adaptation amendments retroactively made - see 55 of 1999 s. 3 (1) For the purposes of this Ordinance, there is hereby established a panel of censors. (2) The panel of censors shall consist of such persons as are, from time to time, appointed to it by the Chief Executive and any such appointment shall be notified in the Gazette. (Amended 55 of 1999 s. 3) (Enacted 1988) Cap 392 s 5 Appointment of censors The Authority may appoint such censors from the panel of censors as may from time to time be necessary for the purposes of this Ordinance. (Enacted 1988) Cap 392 s 6 Panel of advisers (1) For the purposes of this Ordinance, there is hereby established a panel of advisers. (2) The panel of advisers shall consist of such persons as are, from time to time, appointed to it by the Authority by notice in writing. (Enacted 1988) Cap 392 s 7 Restriction on exhibiting films unless exempted or approved PART III RESTRICTION ON EXHIBITION OF FILMS (1) A person who exhibits a film in respect of which none of the conditions specified in subsection (2) has been satisfied commits an offence and is liable on conviction to a fine of $200000 and imprisonment for 1 year. (Amended 63 of 1993 s. 4; 9 of 1999 s. 2) (2) The conditions referred to in subsection (1) are- (aa) that the film is a still film that is not subject to section 8; (Added 9 of 1999 s. 2) (a) that a certificate of exemption has been issued under section 9 in respect of the film; or (b) that a certificate of approval has been issued under section 13 in respect of the film. (Enacted 1988) Cap 392 s 8 Films to be submitted to Authority before exhibition PART IV CENSORSHIP OF FILMS (1) A film intended for exhibition shall be submitted to the Authority to be dealt with under section 9 or 10. (2) A film submitted under subsection (1) shall- (a) be accompanied by a statement as to the classification under section 12(1) which is sought for the film and a declaration in such form as the Authority may determine as to whether the film has been classified under the Control of Obscene and Indecent Articles Ordinance (Cap 390); and (Amended 63 of 1993 s. 5; 9 of 1999 s. 3) (b) be submitted in such manner and at such place as is prescribed together with such form, information and particulars as the Authority may determine. (Replaced 9 of 1999 s. 3)(3) The Authority may refuse to accept a film submitted under this section if it has been classified under the Control of Obscene and Indecent Articles Ordinance (Cap 390). (Added 63 of 1993 s. 5) (3A) The Authority may refuse to accept a film submitted under this section or refuse to deal with a film accepted under this section if any requirement in subsection (2) is not complied with in respect of that film. (Added 74 of 1995 s. 3) (4) Any person who, knowingly or recklessly, makes a declaration under subsection (2) which is false or misleading in a material particular, commits an offence and is liable to a fine of $50000 and imprisonment for 6 months. (Added 63 of 1993 s. 5) (Enacted 1988) Cap 392 s 8A Application of section 8 to still films (1) Notwithstanding section 8 and subject to this section, a still film in respect of which the conditions specified in subsection (2) are satisfied is exempt from section 8. (2) The conditions referred to in subsection (1) are that the still film is exhibited or intended to be exhibited for any purpose not being a commercial purpose and is a still film of a cultural, educational, instructional, promotional or religious nature, exhibited or intended to be exhibited by a cultural, educational, religious or professional organization, or a member of any such organization. (3) Notwithstanding subsection (1), the Authority may, by notice in writing served personally or by registered post on any person who by virtue of subsection (2), exhibits or intends to exhibit a still film of any of the descriptions mentioned in that subsection, require the person on whom the notice is served to submit to him the still film exhibited or intended to be exhibited not later than 5 working days beginning on the date of service or such longer period as he may allow in a particular case. (4) Where a notice is served under subsection (3), the still film in respect of which it is served shall, whether or not it has been exhibited, be deemed to be subject to section 8. (Added 9 of 1999 s. 4) Cap 392 s 9 Exemptions of films by Authority (1) Where a film is submitted and accepted under section 8, the Authority may exempt it from being dealt with under section 10 if it is, in the Authority's opinion, of a class or description of film prescribed as suitable to be exempted under this section. (Amended 63 of 1993 s. 6; 9 of 1999 s. 5) (2) A film may be exempted under this section subject to such conditions, if any, relating to the suitability or unsuitability of the film for exhibition- (a) to the public in general; (b) to any class of the public; (c) at a particular place or a place of a particular class or description; (Amended 63 of 1993 s. 6) (d) at a particular time; (e) for a particular purpose; (f) on one occasion; or (g) on more than one occasion,as the Authority thinks fit, and shall be subject to a condition that the film shall not be exhibited with- (i) any additions to; or (ii) any excisions from,the film in the form in which it was submitted under section 8. (3) Where a film is exempted under this section, the Authority shall within the prescribed period issue to the person who submitted it under section 8 a certificate of exemption- (a) in such form as the Authority may determine; and (b) endorsed with the conditions to which the exemption is subject. (Replaced 9 of 1999 s. 5)(3A) Where the Authority issues a certificate of exemption under this section, he may, where he considers it appropriate, require the person who submitted the film under section 8 to deposit with him a videotape or a laserdisc, being a copy of the film in the form it was exempted, not later than 30 days beginning on the date of issuing that certificate or such longer period as he may allow in a particular case. (Added 74 of 1995 s. 4. Amended 9 of 1999 s. 5) (3B) A person who fails without reasonable excuse to comply with a requirement under subsection (3A) commits an offence and is liable on a first or second conviction to a fine at level 3 and any subsequent conviction to a fine at level 5. (Added 74 of 1995 s. 4) (4) The Authority may revoke a certificate of exemption issued under this section by notice in writing served either personally or by registered post on the person to whom the certificate was issued if, having taken into consideration the matters referred to in section 10(2), he is of the opinion that the film in respect of which the certificate was issued should again be submitted under section 8. (5) A prescribed fee shall be payable for a film dealt with under this section. (Replaced 63 of 1993 s. 6. Amended 9 of 1999 s. 5) (Enacted 1988) Cap 392 s 10 Action to be taken by Authority and censor in relation to film which is not exempted (1) Where a film is submitted and accepted under section 8, the Authority shall, unless the film is dealt with under section 9, assign in respect of the film, as soon as practicable but in any case not later than 7 working days after the film is so accepted, a censor and may at the same time assign not less than 2 advisers. (Amended 63 of 1993 s. 7) (2) The censor shall as soon as practicable view the film and consider the following matters for the purpose of making his decision under subsection (4)- (a) whether the film portrays, depicts or treats cruelty, torture, violence, crime, horror, disability, sexuality or indecent or offensive language or behaviour; and (Amended 101 of 1994 s. 2) (b) whether the film denigrates or insults any particular class of the public by reference to the colour, race, religious beliefs or ethnic or national origins or the sex of the members of that class. (Amended 101 of 1994 s. 2) (c) (Repealed 101 of 1994 s. 2)(3) The censor shall, in viewing the film and considering the matters referred to in subsection (2), also take into account the following matters- (a) the effect of the film as a whole and its likely effect on the persons likely to view the film; (b) the artistic, educational, literary or scientific merit of the film and its importance or value for cultural or social reasons; and (Amended 101 of 1994 s. 2) (c) in relation to the intended exhibition of the film, the circumstances of such exhibition. (Amended 101 of 1994 s. 2) (d) (Repealed 101 of 1994 s. 2)(4) Subject to subsections (5) and (6), the censor shall as soon as practicable after viewing the film, considering the matters referred to in subsection (2) and taking into account the matters referred to in subsection (3)- (a) if he is of the opinion that the film is suitable for exhibition, approve the film for exhibition, give it a classification under section 12(1) and record in writing by reference to the relevant matter referred to in subsection (2) or (3) a statement of the reasons for his decision; (b) if he is of the opinion that the film is not suitable for exhibition because of a matter referred to in subsection (2), refuse to approve the film for exhibition and record in writing by reference to the relevant matter referred to in subsection (2) a statement of the reasons for his decision; or (c) if he is of the opinion, by reason of a specified piece or specified pieces of the film, that the film is not suitable for exhibition because of a matter referred to in subsection (2), or that he is unable to give the film an appropriate classification under section 12(1), record in writing- (i) the classification under section 12(1) he would be prepared to give to the film if such specified piece or pieces were excised from the film; and (ii) by reference to the relevant matter referred to in subsection (2), a statement of the reasons for his decision, or the reasons why he is unable to give the film an appropriate classification under section 12(1), as the case may be.(5) The censor shall make his decision under subsection (4) within the prescribed period. (Amended 9 of 1999 s. 6) (6) The censor, before making his decision under subsection (4) and for the purpose of forming an opinion on which to base such decision- (a) shall consult with the advisers, if any, assigned under subsection (1) in respect of the film; (Amended 74 of 1995 s. 5) (aa) may consult with the Authority; and (Added 74 of 1995 s. 5) (b) may, with the approval of the Authority in writing, consult with any other person,but, in making such decision, is not bound by such consultation. (7) For the purpose of subsections (2), (3), (4), (5) and (6), the references to "censor" (检查员) and "film" (影片) mean, respectively, the censor assigned under subsection (1) in respect of a film and the film in respect of which that censor is so assigned. (8) A prescribed fee shall be payable for a film dealt with under this section. (Enacted 1988) Cap 392 s 11 Viewing of films screened for purpose of censorship Where a film is screened for the purpose of section 10, no person shall be present at such screening other than- (a) a censor; (b) the advisers, if any, assigned under section 10(1) in respect of the film; (c) the projectionist of the film; (d) the Authority and such other persons as the Authority may allow to attend; or (e) any combination of the persons referred to in paragraphs (a), (b), (c) and (d). (Enacted 1988) Cap 392 s 12 Classification of films PART V MATTERS CONSEQUENTIAL UPON CENSOR'S DECISION IN RESPECT OF A FILM (1) Where a censor approves a film for exhibition under section 10(4)(a), he shall classify it as- (a) approved for exhibition to persons of any age subject to the condition that any advertising material which relates to the film shall display prominently the appropriate symbol applicable under subsection (2); (Amended 74 of 1995 s. 6) (b) approved for exhibition to persons of any age subject to the condition that any advertising material which relates to the film shall display prominently the appropriate symbol applicable under subsection (2), and of the following notices, contain the one that is specified by him as being appropriate in respect of the film concerned, or a notice to the like effect, next to or adjacent to the symbol, in block letters and Chinese characters prominently and legibly displayed- "NOT SUITABLE FOR CHILDREN. 儿童不宜 "; or "NOT SUITABLE FOR YOUNG PERSONS AND CHILDREN. 青少年及儿童不宜 "; or (Replaced 74 of 1995 s. 6) (c) approved for exhibition only to persons who have attained the age of 18 years subject to the condition that any advertising material which relates to the film shall display prominently the appropriate symbol applicable under subsection (2) and contain the following notice, or a notice to the like effect, next to or adjacent to the symbol, in block letters and Chinese characters prominently and legibly displayed- "APPROVED FOR EXHIBITION ONLY TO PERSONS WHO HAVE ATTAINED THE AGE OF 18 YEARS. 只核准对年满18岁的人上映". (Amended 63 of 1993 s. 8; 74 of 1995 s. 6)(1A) Where a film is classified under subsection (1)(b) or (c), the Authority may, where, having regard to the circumstances he considers it reasonable to do so, exempt from the requirement relating to notice specified in that subsection, such particular advertising material or advertising material of a class or description as he considers appropriate. (Added 63 of 1993 s. 8) (2) The classification of a film under subsection (1) shall be designated by such symbols for each of the classifications under that subsection as are prescribed. (Enacted 1988) Cap 392 s 13 Certificate of approval, notice of refusal to approve and notice concerning excision (1) Subject to subsection (4B), where a censor approves a film for exhibition under section 10(4)(a) and gives it a classification under section 12(1), the Authority shall forthwith issue to the person who submitted the film under section 8 a certificate of approval- (Amended 74 of 1995 s. 7) (a) in such form as the Authority may determine; (Amended 9 of 1999 s. 7) (b) in the case of a film given a classification under- (i) section 12(1)(b), endorsed with the condition referred to in that section; and (ii) section 12(1)(c), endorsed with the condition referred to in that section; (Amended 74 of 1995 s. 7)(c) endorsed with a condition that the film shall not be exhibited with- (i) any additions to; or (ii) any excisions from, the film in the form in which it was submitted under section 8;(ca) endorsed with the condition that any advertising material relating to the film shall contain the title that is stated in the certificate of approval as being the proposed title of the film; (Added 74 of 1995 s. 7) (d) setting out the classification of the film under section 12(1); (e) endorsed with the appropriate symbol referred to in section 12(2); and (f) endorsed with the censorship mark referred to in section 24.(2) Where a censor refuses to approve a film for exhibition under section 10(4)(b), the Authority shall forthwith give written notice of the censor's decision under that section to the person who submitted the film under section 8 and shall state in the notice the reasons for the censor's decision. (3) Where a censor deals with a film under section 10(4)(c), the Authority shall forthwith give written notice of the censor's decision under that section to the person who submitted the film under section 8 and shall- (a) specify in the notice the piece or pieces of the film requiring excision; and (b) state in the notice the reasons for the censor's decision.(4) Where subsection (3) applies in relation to a film, the Authority shall- (a) return the film to the person who submitted the film under section 8 to make the required excision, or upon that person's request make or arrange such excision; and (b) after any such excision has been made- (i) approve the film for exhibition; (ii) give the film the classification under section 12(1) which the censor who dealt with the film under section 10(4)(c) recorded in writing as the classification he would be prepared to give the film if such excision were made; and (iii) subject to subsection (4B), issue to the person who submitted the film under section 8 a certificate of approval- (Amended 74 of 1995 s. 7) (A) in such form as the Authority may determine; (Amended 9 of 1999 s. 7) (B) in the case of a film given a classification under- (I) section 12(1)(b), endorsed with the condition referred to in that section; and (II) section 12(1)(c), endorsed with the condition referred to in that section; (Amended 74 of 1995 s. 7)(C) endorsed with a condition that the film shall not be exhibited with any additions to, or any excision from, the film in the form in which it is after such excision; (CA) endorsed with the condition that any advertising material relating to the film shall contain the title that is stated in the certificate of approval as being the proposed title of the film; (Added 74 of 1995 s. 7) (D) setting out the classification of the film under section 12(1); (E) endorsed with the appropriate symbol referred to in section 12(2); and (F) endorsed with the censorship mark referred to in section 24.(4A) The Authority may impose in relation to a certificate of approval issued under this section such conditions as he thinks fit, relating to the circumstances of exhibition of the film to which the certificate relates. (Added 63 of 1993 s. 9) (4B) The Authority may refuse to issue a certificate of approval under this section where, having regard to the matters specified in section 10(2)(a) and (b), he is of the opinion that the proposed title of the film is unsuitable for exhibition, publication or display to the public. (Added 74 of 1995 s. 7) (4C) Where the Authority issues a certificate of approval under this section, he may, where he considers it appropriate, require the person who submitted the film under section 8 to deposit with him a videotape or a laserdisc, being a copy of the film in the form it was approved, not later than 30 days beginning on the date of issuing that certificate or such longer period as he may allow in a particular case. (Added 74 of 1995 s. 7. Amended 9 of 1999 s. 7) (4D) A person who fails without reasonable excuse to comply with a requirement under subsection (4C) commits an offence and is liable on a first or second conviction to a fine at level 3 and any subsequent conviction to a fine at level 5. (Added 74 of 1995 s. 7) (5) No certificate of approval shall be issued under this section in respect of a film unless any fee payable under section 10(8) for the film has been paid. (Enacted 1988) Cap 392 s 14 Excised film to be retained by Authority (1) Where a person other than the Authority makes any excision to a film for the purpose of section 13(4), he shall forthwith deposit with the Authority the piece of film so excised. (2) Subject to subsection (3), the Authority shall retain each piece of film excised by him under section 13(4), or deposited with him under subsection (1) of this section, for not less than 5 years, and thereafter the piece of film may be disposed of in such manner as he thinks fit. (3) The person who submitted the film under section 8 from which a piece of film retained by the Authority under subsection (2) was excised may, at any time, request in writing the Authority to return to him that piece of film and, unless that piece of film has otherwise been disposed of under subsection (2), the Authority shall forthwith return that piece of film to that person if that person returns to the Authority the certificate of approval issued under section 13(4) in respect of that film. (4) Where a certificate of approval issued under section 13(4) is returned to the Authority under subsection (3), the certificate shall be deemed to be revoked. (5) A person who fails to comply with subsection (1) commits an offence and is liable on conviction to a fine of $10000. (Enacted 1988) Cap 392 s 15 Film not to be exhibited without display of certificate of exemption or approval PART VI EXHIBITION OF FILMS (1) A person shall not exhibit a film in respect of which a certificate of exemption has been issued under section 9 or a certificate of approval has been issued under section 13 unless the certificate, or a legible photocopy thereof, is displayed and kept displayed in a conspicuous position in or about the entrance to the part of the place intended to be occupied by persons viewing the exhibition of the film during the period of the exhibition of the film. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of $10000. (Enacted 1988) Cap 392 s 15A Approval for publication PART VIA PUBLICATION OF VIDEOTAPES AND LASERDISCS (1) Subject to subsections (2) and (3A), a certificate of approval or a certificate of exemption in force in respect of a film shall operate as approval for the publication of a videotape or laserdisc containing- (Amended 74 of 1995 s. 8) (a) a record of the visual images (including any soundtrack associated with them) comprised in the film; or (b) a copy of such a record contained in the film,to which such certificate relates. (2) Any person who publishes a videotape or a laserdisc containing- (a) a record of the visual images (or soundtrack associated with them) comprised in the film; or (b) a copy of such a record contained in a film,which has been accepted under section 8, before the issue of a certificate of approval or a certificate of exemption in respect thereof, commits an offence. (3) Where there is approval for publication of a videotape or a laserdisc under subsection (1)- (a) pursuant to a certificate of approval, the classification given under section 12 or 13(4) to the film to which the certificate relates shall apply as regards such publication; and (b) pursuant to a certificate of approval or a certificate of exemption, any condition referred to in section 9(2)(i) or (ii) or 13(1)(c)(i) or (ii) or (ca) or (4)(b)(iii)(C) or (CA), as the case may be, shall apply as regards the publication of such videotape or laserdisc, as it applies as regards the exhibition of the film to which the relevant certificate relates. (Amended 74 of 1995 s. 8)(3A) A certificate of approval issued subject to a condition imposed under section 13(4A) shall not operate as approval for the purposes of subsection (1). (Added 74 of 1995 s. 8) (4) Any person who commits an offence under subsection (2) is liable on conviction to a fine of $200000 and imprisonment for 12 months. (5) It shall be a defence to a charge under subsection (2) for a defendant to prove that, at the time the offence is alleged to have been committed, he had reasonable grounds for believing that there was approval for publication of the videotape or laserdisc concerned. (Added 63 of 1993 s. 10) Cap 392 s 15AA Approval for publication of videotapes or laserdiscs with additions or excisions (1) Where there is a certificate of exemption or a certificate of approval in force in respect of a film, a person who intends to publish a videotape or laserdisc- (a) containing a record of the visual images (including any sound track associated with the film) comprised in the film to which the certificate relates and additions (whether or not such additions are pieces, if any, excised from that film under section 10(4)); (b) being a videotape or laserdisc with excisions from the form in which the film to which the certificate relates was exempted or approved; or (c) being a videotape or laserdisc with both such additions and excisions,he shall submit the videotape or laserdisc to the Authority to be dealt with under section 9 or 10. (2) Except where this Ordinance provides otherwise, the following applies to and in relation to a submission under subsection (1)- (a) it shall be deemed for the purposes of this Ordinance to be a submission under section 8 of a film intended for exhibition and accordingly any reference in this Ordinance to a submission under that section shall be construed as including a reference to a submission under subsection (1); (b) any provision in this Ordinance applicable to and in relation to the submission of a film under section 8 shall apply to and in relation to the submission of a videotape or laserdisc under subsection (1); and (c) for the avoidance of doubt it is declared that any reference in this Ordinance to a certificate of exemption or certificate of approval shall be construed as including a reference to a certificate of exemption or a certificate of approval issued under section 9 or 13 pursuant to a submission under subsection (1).(3) For the avoidance of doubt it is declared that, where- (a) as a result of a submission under section 8 and any submission under subsection (1), there is more than one certificate of exemption or certificate of approval in force in respect of a film; and (b) each such certificate of exemption or certificate of approval, as the case may be, relates to a different form of that film,any reference in this Ordinance to a certificate of exemption or a certificate of approval shall be construed having regard to the form of the film concerned and as a reference to the certificate of exemption or the certificate of approval, as the case may be, issued in respect of that film, for that form. (Added 74 of 1995 s. 9) Cap 392 s 15B Submission of and conditions on packaging (1) Where, pursuant to section 15A(1), there is approval for publication of a videotape or laserdisc in respect of which the classification described in section 12(1)(c) applies, any packaging to which this subsection applies and which is intended to be used in relation to the publication of such videotape or laserdisc shall be submitted to the Authority. (2) Subsection (1) applies, in the case of a videotape or laserdisc- (a) first published on or after the commencement of the amending Ordinance, to any packaging thereof; and (b) which has been published before such commencement, to packaging intended to be first used in respect thereof on or after such commencement,but does not apply to any other packaging. (3) Any packaging submitted under subsection (1) shall be submitted in such manner and at such place together with the appropriate fee as is prescribed and together with such form, information and particulars as the Authority may determine. (Replaced 9 of 1999 s. 8) (4) Where any packaging is submitted under subsection (1) the Authority- (a) may require in any case where he considers it appropriate, that if the videotape or laserdisc concerned is published in that packaging or where the packaging is displayed with or without the videotape or laserdisc, the part of such packaging constituting the cover of the videotape or laserdisc shall be enclosed in an opaque wrapper; (Amended 9 of 1999 s. 8) (b) shall, within the prescribed period, issue a certificate as regards such packaging, which shall- (i) be in such form as the Authority may determine; (ii) certify that the packaging has been submitted; and (iii) where a requirement is made under paragraph (a), have that requirement endorsed on it. (Replaced 9 of 1999 s. 8)(5) Any person who- (a) publishes a videotape or laserdisc- (i) in relation to which subsection (1) applies pursuant to subsection (2); (ii) to which the classification described in section 12(1)(c) applies; and (iii) in respect of which there is approval for publication, in packaging in respect of which a certificate under subsection (4) has not been issued; or(b) displays (with or without a videotape or laserdisc) that part of the packaging constituting the cover of such a videotape or laserdisc and in respect of which such a certificate has not been issued,commits an offence and is liable to a fine of $50000 and imprisonment for 6 months. (6) The Authority may, as regards any packaging- (a) not being packaging to which subsection (1) applies; and (b) relating to a videotape or laserdisc which is published or intended to be published pursuant to approval under section 15A(1),require that if the videotape or laserdisc concerned is published in that packaging or the packaging is displayed with or without the videotape or laserdisc, the part of such packaging constituting the cover of the videotape or laserdisc shall be enclosed in an opaque wrapper. (7) It shall be a defence to a charge under subsection (5) for a defendant to prove that, at the time the offence is alleged to have been committed, he had reasonable grounds for believing that there was in force a certificate issued under subsection (4) in respect of the packaging which is the subject of the charge. (8) For the avoidance of doubt it is declared that where there is packaging of more than one description in respect of a videotape or laserdisc which is approved for publication pursuant to section 15A(1), the provisions of this section shall apply in respect of each such packaging. (9) Where a certificate issued under subsection (4) is revoked or deemed to be revoked under this Ordinance the Authority shall give notice of such revocation or deemed revocation, in writing to the person to whom the certificate was issued, by registered post sent to his last known address. (Added 74 of 1995 s. 10) (10) The Authority shall also cause to be published in the Gazette and in at least one English language newspaper and one Chinese language newspaper, notice of such revocation or deemed revocation. (Added 74 of 1995 s. 10) (11) The Authority shall keep and maintain in such form as he thinks fit a register of notices given under subsection (9). (Added 74 of 1995 s. 10) (Added 63 of 1993 s. 10) Cap 392 s 15C Advertising material of published films Where there is approval for publication of a videotape or laserdisc under section 15A(1) pursuant to a certificate of approval, any advertising material which relates to such videotape or laserdisc shall display prominently the classification symbol applicable under section 15A(3)(a) and, in the case of a videotape or a laserdisc to which- (a) the classification described in section 12(1)(b) applies, shall contain, of the following notices, the one that is specified by the censor as being appropriate in respect of the film to which the relevant certificate of approval relates, or a notice to the like effect, next to or adjacent to the symbol, in block letters and Chinese characters prominently and legibly displayed- "NOT SUITABLE FOR CHILDREN. 儿童不宜 "; or "NOT SUITABLE FOR YOUNG PERSONS AND CHILDREN. 青少年及儿童不宜 "; and (b) the classification described in section 12(1)(c) applies, shall contain the following notice, or a notice to the like effect, next to or adjacent to the symbol, in block letters and Chinese characters, prominently and legibly displayed- "APPROVED FOR EXHIBITION, DISTRIBUTION, CIRCULATION, SALE, HIRE, PROJECTION, SHOWING, PLAYING, GIVING OR LENDING ONLY TO PERSONS WHO HAVE ATTAINED THE AGE OF 18 YEARS. 只核准对年满18岁的人上映、发行、传交、出售、出租、放映、展放、放出或播出、交给或出借 ". (Added 63 of 1993 s. 10. Amended 74 of 1995 s. 11) Cap 392 s 15D Display of symbols and notices Where a videotape or laserdisc is published under approval pursuant to a certificate of approval, the classification symbol applicable under section 15A(3)(a) shall be displayed prominently, on one side of the videocassette or laserdisc as the case may be, and in the case of a videotape or a laserdisc to which- (a) the classification described in section 12(1)(b) applies, there shall be displayed, of the following notices, the one that is specified by the censor as being appropriate in respect of the film to which the relevant certificate of approval relates, or a notice to the like effect, next to or adjacent to the symbol, in block letters and Chinese characters, prominently and legibly displayed- "NOT SUITABLE FOR CHILDREN. 儿童不宜 "; or "NOT SUITABLE FOR YOUNG PERSONS AND CHILDREN. 青少年及儿童不宜 "; and (b) the classification described in section 12(1)(c) applies, there shall be displayed the following notice, or a notice to the like effect, next to or adjacent to the symbol, in block letters and Chinese characters, prominently and legibly displayed- "APPROVED FOR EXHIBITION, DISTRIBUTION, CIRCULATION, SALE, HIRE, PROJECTION, SHOWING, PLAYING, GIVING OR LENDING ONLY TO PERSONS WHO HAVE ATTAINED THE AGE OF 18 YEARS. 只核准对年满18岁的人上映、发行、传交、出售、出租、放映、展放、放出或播出、交给或出借 ". (Added 63 of 1993 s. 10. Amended 74 of 1995 s. 12) Cap 392 s 15E Failure to display symbol or notice (1) Any person who publishes a videotape or a laserdisc in contravention of section 15C or 15D or wrongfully uses a classification symbol or a notice referred to in either of those sections commits an offence and is liable on conviction to a fine of $50000 and imprisonment for 6 months. (2) In this section "wrongful use" (错误地使用) as regards a videotape or a laserdisc includes displaying a classification symbol different to that applicable to it or a notice other than the appropriate notice required under section 15C or 15D. (Added 63 of 1993 s. 10) Cap 392 s 15F Notification of publication of film (1) Where there is in force a certificate of approval or a certificate of exemption in respect of any film, and there has been a publication of a videotape or laserdisc, as described in section 15A(1), as regards such film, by the person who has the right (by copyright licence, ownership of the copyright or any other right or licence) to distribute the videotape or laserdisc to which the certificate of approval or certificate of exemption, as the case may be, relates, he shall notify the Authority in writing of such publication- (Amended 74 of 1995 s. 13) (a) in the case of any publication before the commencement of the amending Ordinance, within 3 months of such commencement; and (b) in the case of any publication after such commencement, within 1 month after the first such publication.(2) Any person who fails to comply with subsection (1) commits an offence and is liable on conviction to a fine of $10000. (Added 63 of 1993 s. 10) Cap 392 s 15G Authority to require deposit of film (1) Where the Authority is notified under section 15F(1), he may require the person who so notifies him to deposit with the Authority a copy of the relevant videotape or laserdisc within 1 month beginning on the date the requirement is made. (Amended 74 of 1995 s. 14) (2) Any person who fails without reasonable excuse to comply with a requirement under subsection (1) commits an offence and is liable on a first or second conviction to a fine of $10000 and any subsequent conviction to a fine of $50000. (Added 63 of 1993 s. 10) Cap 392 s 15H (Repealed) (Repealed 74 of 1995 s. 15) Cap 392 s 15I Notification of revocation (1) Where a certificate of approval or a certificate of exemption is revoked or deemed to be revoked under this Ordinance, the Authority shall give notice in writing to the person who has notified him under section 15F of the relevant publication, by registered post sent to his last known address, of such revocation or deemed revocation, unless, in the case of the revocation of a certificate of exemption, that person is the person to whom the certificate was issued and has been given notice of the revocation pursuant to section 9(4). (Amended 74 of 1995 s. 16) (2) The Authority shall also cause to be published in the Gazette and in at least one English language newspaper and one Chinese language newspaper, notice of such revocation or deemed revocation. (Amended 74 of 1995 s. 16) (3) The Authority shall keep and maintain in such form as he thinks fit a register of notices given under subsection (1). (Added 63 of 1993 s. 10) Cap 392 s 15J Definitions In this Part- "amending Ordinance" (作修订用的条例) means the Film Censorship (Amendment) Ordinance 1993 (63 of 1993); "certificate of approval" (核准证明书) means a certificate of approval issued in respect of a film submitted under section 8 or the revoked regulations within the meaning of section 32(3); "certificate of exemption" (豁免证明书) means a certificate of exemption issued under section 9. (Added 63 of 1993 s. 10) Cap 392 s 15K Submission for approval of advertising material PART VIB APPROVAL OF ADVERTISING MATERIAL AND RESTRICTIONS ON DISPLAY OF CATEGORY III ADVERTISING MATERIAL (1) Subject to subsection (2), any advertising material relating to a film, which has the classification described in section 12(1)(c) or to which that classification applies pursuant to section 15A(3), shall be submitted to the Authority for approval. (2) The Authority may exempt from the requirement to submit for approval in subsection (1), such particular advertising material or advertising material of a particular class or description as he considers appropriate. (3) A person who intends to advertise- (a) for exhibition, a film which has not been dealt with under section 9 or 10; or (b) for exhibition, a film which has a classification referred to in section 12(1)(a) or (b),may submit any advertising material relating to such film to the Authority for approval. (4) For the purposes of this section, advertising material shall be submitted in such manner and at such place together with the appropriate fee as is prescribed and together with such form, information and particulars as the Authority may determine. (Replaced 9 of 1999 s. 9) (5) Where any advertising material is submitted under this section the Authority may within the prescribed period- (a) approve the advertising material; or (b) refuse to approve the advertising material,and where he approves the advertising material, he shall issue a certificate which shall- (i) be in such form as the Authority may determine; and (ii) certify that the advertising material has been approved. (Replaced 9 of 1999 s. 9)(6) In dealing with advertising material submitted under this section the Authority shall take into consideration the matters referred to in section 10(2)(a) and (b) and take into account the matters referred to in section 10(3). (7) A person who displays to the public or publishes any advertising material relating to a film which has a classification referred to in section 12(1)(c) or to which that classification applies pursuant to section 15A(3), and in respect of which a certificate has not been issued under subsection (5), commits an offence. (8) A person who displays to the public or publishes any advertising material which the Authority has refused to approve under subsection (5)(b) commits an offence. (9) For the purposes of this Part and section 22- (a) a person publishes advertising material if he does any act in relation to the advertising material which, under section 2(2A), constitutes publication in relation to a videotape or laserdisc; (b) any advertising material which is displayed in the manner described in relation to matter in section 2(7) of the Control of Obscene and Indecent Articles Ordinance (Cap 390), shall be regarded as being publicly displayed; and (c) public includes members of a club or a society.(10) A person who commits an offence under subsection (7) or (8) is liable on conviction to a fine of $200000 and imprisonment for 1 year. (11) It shall be a defence to a charge under subsection (10) for a defendant to prove that, at the time the offence is alleged to have been committed, he had reasonable grounds for believing, in the case of- (a) an offence under subsection (7), that there was in force a certificate issued under subsection (5) in respect of the advertising material which is the subject of the charge; and (b) an offence under subsection (8), that the advertising material which is the subject of the charge had not been submitted for approval under this section.(12) Where a certificate issued under subsection (5) is revoked or deemed to be revoked under this Ordinance the Authority shall give notice of such revocation or deemed revocation, in writing to the person to whom the certificate was issued, by registered post sent to his last known address. (13) The Authority shall also cause to be published in the Gazette and in at least one English language newspaper and one Chinese language newspaper, notice of such revocation or deemed revocation. (14) The Authority shall keep and maintain in such form as he thinks fit a register of notices given under subsection (12). (Added 74 of 1995 s. 17) Cap 392 s 16 Board of Review Remarks: Adaptation amendments retroactively made - see 55 of 1999 s. 3 PART VII ESTABLISHMENT OF BOARD OF REVIEW AND FUNCTIONS OF BOARD (1) For the purposes of this Ordinance, there is hereby established a Board of Review. (2) The Board shall consist of the following members- (a) the Secretary ex officio; and (b) (Repealed 74 of 1995 s. 18) (c) 9 other persons not being public officers appointed by the Chief Executive. (Amended 74 of 1995 s. 18; 55 of 1999 s. 3)(3) Subject to sections 17(6), 18(7) and 19(8), at a meeting 6 members shall form a quorum. (4) The procedure of the Board at a meeting shall be determined by the Board. (5) The Chief Executive shall appoint a member referred to in subsection (2)(c) to be the chairman of the Board, but in the event of the chairman's absence from a meeting, the members present shall appoint one of their number to preside as chairman; and the chairman or person presiding shall have a deliberative and a casting vote. (Amended 55 of 1999 s. 3) (5A) The chairman may arrange for the attendance at a meeting of the Board of a legal adviser, for the purpose of advising the Board on any legal matter. (Added 74 of 1995 s. 18) (6) The validity of any proceedings of the Board shall not be affected by- (a) any defect in the appointment of any member; (b) the absence of any member from the meeting at which any such proceeding occurred; or (c) any vacancy among members. (Enacted 1988) Cap 392 s 17 Request of person who submitted film, packaging or advertising material to review decision of Authority or censor (1) Where a person who submits a film under section 8, packaging under section 15B(1) or advertising material under section 15K is aggrieved by a decision of the Authority or a censor, as the case may be, made under this Ordinance in respect of the film, the title of the film, packaging or advertising material, as the case may be, that person may, by notice in writing which- (a) states the reasons why he is so aggrieved; and (b) is delivered to the Secretary, in such manner and at such place as is prescribed, not later than 28 days after the day on which he is notified under this Ordinance of the decision,request the Board to review under this section that decision. (2) Where a request is made under subsection (1), the Secretary shall- (a) forthwith issue to the members who are in Hong Kong- (i) a copy of the notice under that subsection which makes that request; and (ii) a copy of the decision to which that request relates;(b) after consultation with the members appointed under section 16(2)(c) who are in Hong Kong, fix a date and time for a meeting to review the decision to which that request relates which shall be not later than 21 days after delivery of the notice under subsection (1) which makes that request; but if, after that consultation, in the opinion of the Secretary, it is not practicable for him to fix a date and time within that period, he may fix a date and time not later than 35 days after delivery of that notice; and (c) after a date and time is fixed under paragraph (b) for a meeting to review the decision to which that request relates, forthwith by notice in writing served either personally or by registered post- (i) on the person who made that request- (A) require that person, except where the request relates to the title of a film, to produce to the Secretary, at a place specified in that notice, on or before that date and time, the film (or a copy thereof), packaging or advertising material, as the case may be, to which that decision relates; and (B) inform that person that he, or his authorized representative, or both, may attend before the Board on that date and time and, if so attending, shall be permitted to make representations;(ii) on the Authority inform the Authority that he, or his authorized representative, or both, may attend before the Board on that date and time and, if so attending, shall be permitted to make representations; and (iii) on any other person whom the chairman of the Board considers to be a person who has an interest in the request or can assist the Board in the review of the decision to which the request relates, inform him that he or his authorized representative, or both, may attend before the Board on that date and time and, if so attending, shall be permitted to make representations. (Replaced 74 of 1995 s. 19)(3) Subject to subsection (6), the Board shall at a meeting review the decision to which a request under subsection (1) relates by- (a) except where the request relates to the title of a film, viewing the film (or a copy thereof) or examining the packaging or advertising material to which the decision relates; (b) considering the documents concerned issued to it under subsection (2)(a); and (c) considering the representations, if any, made in pursuance of subsection (2)(c),and thereafter, where appropriate, taking into consideration the matters referred to in section 10(2) and taking into account the matters referred to in section 10(3), shall complete the review by- (i) in relation to the decision, giving directions in writing to the Authority or a censor with respect to the exercise by him of any of his functions under this Ordinance, and the Authority or the censor, as the case may be, shall comply with any such directions; or (ii) in writing, refusing to give any such directions.(4) Where under subsection (3) the Board completes the review of the decision to which a request under subsection (1) relates, the Secretary shall forthwith serve either personally or by registered post on each of the persons on whom a notice is served under subsection (2)(c) a copy of the directions or refusal, as the case may be, given under subsection (3) in respect of that review. (5) Where at a meeting for the purpose of subsection (3) the Board does not complete the review of the decision to which a request under subsection (1) relates, the Board may complete the review at any subsequent meeting, and the review may be continued notwithstanding any change in the membership of the Board. (6) At a meeting for the purpose of subsection (3), 6 members shall form a quorum but if, after 30 minutes have elapsed since the time fixed for the meeting, less than 6 members are in attendance at the meeting, then 4 members shall form a quorum. (7) Where, consequent upon a request under subsection (1), a person fails to comply with a requirement under subsection (2)(c)(i)(A) as specified in a notice served on him under subsection (2)(c), the Board shall refuse to review the decision to which that request relates. (8) Where, consequent upon a request under subsection (1), a person complies with a requirement under subsection (2)(c)(i)(A) as specified in a notice served on him under subsection (2)(e), the Secretary shall, after that request is fully disposed of under this section, forthwith return to that person the film, packaging or advertising material, as the case may be, produced to the Secretary in accordance with that notice. (9) The Authority and a censor shall each have such powers as are necessary to give effect to any directions given to him under subsection (3)(i) by the Board, and such powers shall include, in the case of the Authority, the power to revoke a certificate issued under this Ordinance. (Enacted 1988. Amended 74 of 1995 s. 19) Cap 392 s 18 Request of Authority to review decision of censor (1) Where the Authority, having taken into consideration the matters referred to in section 10(2), is of the opinion that the decision under section 10(4) in respect of a film which has resulted in the issue of a certificate of approval under section 13 for the film is not, or is no longer, the appropriate decision under section 10(4) in respect of that film, he may by notice in writing which- (a) states the reasons why he is of that opinion; and (b) is delivered to the Secretary, in such manner and at such place as is prescribed,request the Board to review under this section that decision. (2) The Authority shall, at the same time as he makes a request under subsection (1), serve, personally or by registered post, on the person to whom the certificate referred to in that subsection was issued in respect of the film to which that request relates- (a) a copy of the notice under subsection (1) which makes that request; and (b) a statement informing that person that he may, not later than 7 days after the service of that notice and statement, make written representations to the Board in respect of that request by delivering such representations to the Secretary at such place as is specified in that statement.(3) Where a request is made under subsection (1), the Secretary shall, after the expiration of 7 days from the making of that request- (a) forthwith issue to the members who are in Hong Kong- (i) a copy of the notice under that subsection which makes that request; (ii) a copy of the decision to which that request relates; and (iii) a copy of any written representations made under subsection (2) in respect of that request;(b) after consultation with the members appointed under section 16(2)(c) who are in Hong Kong, fix a date and time for a meeting to review the decision to which that request relates which shall be not later than 21 days after the issue of the documents concerned under paragraph (a); but if, after that consultation, in the opinion of the Secretary, it is not practicable for him to fix a date and time within that period, he may fix a date and time not later than 35 days after the issue of those documents; and (c) after a date and time is fixed under paragraph (b) for a meeting to review the decision to which that request relates, forthwith by notice in writing served either personally or by registered post- (i) on the person to whom the certificate referred to in subsection (1) was issued in respect of the film to which that request relates- (A) require that person to produce to the Secretary, at a place specified in that notice, on or before that date and time, the film (or a copy thereof) to which that decision relates; and (B) inform that person that he, or his authorized representative, or both, may attend before the Board on the date and time and, if so attending, shall be permitted to make representations;(ii) on the Authority inform the Authority that he, or his authorized representative, or both, may attend before the Board on that date and time and, if so attending, shall be permitted to make representations; and (iii) on any other person whom the chairman of the Board considers to be a person who has an interest in the request or can assist the Board in the review of the decision to which the request relates, inform him that he or his authorized representative, or both, may attend before the Board on that date and time and, if so attending, shall be permitted to make representations. (Replaced 74 of 1995 s. 20)(4) Subject to subsection (7), the Board shall at a meeting review the decision to which a request under subsection (1) relates by- (a) viewing the film (or a copy thereof) to which the decision relates; (b) considering the documents concerned issued to it under subsection (3)(a); and (c) considering the representations, if any, made in pursuance of subsection (3)(c),and thereafter, taking into consideration the matters referred to in section 10(2) and taking into account the matters referred to in section 10(3), shall complete the review by- (i) in relation to the decision, giving directions in writing to the Authority or a censor with respect to the exercise by him of any of his functions under this Ordinance, and the Authority or the censor, as the case may be, shall comply with any such directions; or (ii) in writing, refusing to give any such directions.(5) Where under subsection (4) the Board completes the review of the decision to which a request under subsection (1) relates, the Secretary shall forthwith serve either personally or by registered post on each person on whom a notice was served under subsection (3)(c) a copy of the directions or refusal, as the case may be, given under subsection (4) in respect of that review. (6) Where at a meeting for the purpose of subsection (4) the Board does not complete the review of the decision to which a request under subsection (1) relates, the Board may complete the review at any subsequent meeting, and the review may be continued notwithstanding any change in the membership of the Board. (7) At a meeting for the purpose of subsection (4), 6 members shall form a quorum but if, after 30 minutes have elapsed since the time fixed for the meeting, less than 6 members are in attendance at the meeting, then 4 members shall form a quorum. (8) Where, consequent upon a request under subsection (1), a person fails to comply with a requirement under subsection (3)(c)(i)(A) as specified in a notice served on him under subsection (3)(c)- (a) the Board may refuse to review the decision to which that request relates; and (b) where the Board refuses to review the decision, the certificate referred to in subsection (1) issued in respect of the film to which that request relates shall be deemed to be revoked.(9) Where, consequent upon a request under subsection (1), a person complies with a requirement under subsection (3)(c)(i)(A) as specified in a notice served on him under subsection (3)(c), the Secretary shall, after that request is fully disposed of under this section, forthwith return to that person the film produced to the Secretary in accordance with that notice. (10) The Authority and a censor shall each have such powers as are necessary to give effect to any directions given to him under subsection (4)(i) by the Board, and such powers shall include, in the case of the Authority, the power to revoke a certificate issued under this Ordinance. (Enacted 1988. Amended 74 of 1995 s. 20) Cap 392 s 19 Request of person aggrieved by exhibition of film to review decision of Authority or censor (1) Where- (a) a film in respect of which a certificate of exemption has been issued under section 9 or a certificate of approval has been issued under section 13, is exhibited; (b) a videotape or laserdisc in respect of which such a certificate of exemption or certificate of approval operates as approval for publication pursuant to section 15A(1), is published; (c) any packaging in respect of which a certificate has been issued under section 15B(4)(b), is displayed to the public or published; or (d) any advertising material in respect of which a certificate has been issued under section 15K(5), is displayed to the public or published,a person who on moral, religious, educational or other grounds is aggrieved by the exhibition, publication or display or the title of the film that is exhibited or published, may by a notice in writing which- (i) states the reasons why he is so aggrieved; and (ii) is delivered to the Secretary, in such manner and at such place as is prescribed, (Amended L.N. 362 of 1997)request the Board to review under this section the decision of the Authority or a censor under this Ordinance which resulted in the issue of the relevant certificate of exemption, certificate of approval, or certificate under section 15B(4)(b) or certificate under section 15K(5), as the case may be. (Replaced 74 of 1995 s. 21) (2) Where a request is made under subsection (1), the Secretary may, where appropriate, after taking into consideration the matters referred to in section 10(2), refer to the Board the decision to which that request relates. (Amended L.N. 362 of 1997) (2A) The Secretary shall only decline to refer a decision to the Board under subsection (2) if he is satisfied that the request to which the decision relates is made in a frivolous or vexatious manner. (Added 9 of 1999 s. 10) (2B) Where the Secretary declines, under subsection (2A), to refer a decision to the Board under subsection (2), he shall give to the person who made the request notice, in writing, of the fact that the decision has not been referred to the Board and the notice shall contain an adequate statement of the reasons why he is satisfied that the request to which the decision relates is made in a frivolous or vexatious manner. (Added 9 of 1999 s. 10) (3) Where a request is made under subsection (1), the Secretary shall forthwith serve, personally or by registered post, on every concerned person and the Authority- (a) a copy of the notice under subsection (1) which makes that request; and (b) a statement informing such concerned person or the Authority, as the case may be, that he may, not later than 7 days after the service of that notice and statement, make written representations to the Board in respect of that request by delivering such representations to the Secretary at such place as is specified in that statement.(4) Where, pursuant to a request made under subsection (1), the documents referred to in subsection (3)(a) and (b) are served, the Secretary shall, after the expiration of 7 days from the service of those documents- (a) forthwith issue to the members who are in Hong Kong- (i) a copy of the notice under subsection (1) which makes that request; (ii) a copy of the decision to which that request relates; and (iii) a copy of any written representations made under subsection (3) in respect of that request;(b) after consultation with the members appointed under section 16(2)(c) who are in Hong Kong, fix a date and time for a meeting to review the decision to which that request relates wh
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