### Control of Obscene and Indecent Articles Ordinance 《淫褻及不雅物品管制條例》

9. Immunity
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.

10. Guidance to Tribunal
(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, in the case of an article, have regard to any decision of a censor under section 10 of the Film Censorship Ordinance (Cap. 392) in respect of a film within the meaning of section 2(1) of that Ordinance; (Replaced 25 of 1988 s. 33)
(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
(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.
[cf. 1963 No. 22 s. 11 N.Z.]

### Control of Obscene and Indecent Articles Ordinance 《淫褻及不雅物品管制條例》

11. Powers
A Tribunal—
(a) when exercising its jurisdiction under Part V shall have the powers of a magistrate under the Magistrates Ordinance (Cap. 227) and for that purpose references in that Ordinance to a magistrate shall be deemed to include references to a Tribunal; (Amended L.N. 272 of 1990)
(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.

12. Offences relating to a Tribunal
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 at level 3 and to imprisonment for 6 months.
(Amended E.R. 5 of 2021)

13. Submission of article to Tribunal
(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.
(2) The Secretary for Justice and any public officer authorized in that regard by the Chief Secretary for Administration may, by application in the prescribed form, submit any article to the Registrar for classification by a Tribunal. (Amended L.N. 362 of 1997)

### Control of Obscene and Indecent Articles Ordinance 《淫褻及不雅物品管制條例》

14. Interim classification
(1) Subject to section 17(2), where an article is submitted under section 13 a Tribunal shall—
(a) consider it in private and without the attendance of the applicant or any other person and, within 5 days of that submission, make an interim classification in respect of that article; or
(b) subject to subsection (2), if at the expiry of the period mentioned in paragraph (a) it has not made an interim assessment, consider that application as if it were a requirement for a full hearing under section 15.
(2) The presiding magistrate may, at any time during the period mentioned in subsection (1)(a), extend that period by any period not exceeding 5 days and shall give notice of that extension to the applicant.
(3) Subject to section 7(3), a Tribunal— (Amended 73 of 1995 s. 4)
(a) shall not be required to give any reasons for any interim classification; (Added 73 of 1995 s. 4)
(b) may give guidance to the applicant in relation to the article submitted; and (Added 73 of 1995 s. 4)
(c) shall identify the part of the article which causes the obscenity or indecency. (Added 73 of 1995 s. 4)

### Control of Obscene and Indecent Articles Ordinance 《淫褻及不雅物品管制條例》

15. Requirement for full hearing
(1) Where a Tribunal makes an interim classification in respect of an article any person who submitted, or would have been entitled to submit, the article under section 13 may—
(a) within 5 days of that interim classification taking effect; and
(b) by notice in writing in the prescribed form to the Registrar,
require a Tribunal to review that interim classification at a full hearing.
(1A) Subject to subsection (2)(b), the Tribunal for a full hearing held pursuant to subsection (1) or section 17 shall consist of the following persons appointed by the Registrar—
(a) a magistrate who shall preside; and
(b) 4 or more adjudicators selected from the panel of adjudicators. (Added 73 of 1995 s. 5)
(2) At a full hearing—
(a) any person who submitted the article the subject of that full hearing and any person who would have been entitled to submit it under section 13(1), the Secretary for Justice, and their representatives, may appear and be heard; and (Amended L.N. 362 of 1997)
(b) any adjudicator shall not be competent to sit as a member of the Tribunal at that full hearing if he was a member of the Tribunal which made the interim classification. (Amended 73 of 1995 s. 5)
(3) The Registrar shall, at least 5 days prior to a full hearing, give notice of that full hearing once each in an English language newspaper and a Chinese language newspaper published daily and circulating generally in Hong Kong but nothing in this subsection shall require the Registrar to give notice of any adjourned hearing of that full hearing.
(4) If in accordance with subsection (3) notice is published in the newspapers referred to in that subsection on different days, notice shall be deemed to have been given on the last of those days.
(5) If under subsection (1) no person requires a review of an interim classification at a full hearing, that interim classification shall be deemed to be the classification of the Tribunal which made it.
(6) At a full hearing, the Tribunal shall identify the part of the article which causes the obscenity or indecency. (Added 73 of 1995 s. 5)