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

3. Ordinance not to apply in case of certain films, etc.
This Ordinance shall not apply in relation to any—
(a) film within the meaning of section 2(1) of the Film Censorship Ordinance (Cap. 392) as regards its exhibition within the meaning of section 2 of that Ordinance—
(i) in respect of which there is in force a certificate of exemption issued under section 9, or a certificate of approval issued under section 13, of that Ordinance; or
(ii) subject to section 32(2A) of that Ordinance, which is approved for exhibition under regulation 5 of the revoked regulations within the meaning of section 32(3) of that Ordinance;
(aa) physical storage medium for films (as defined by section 2(1) of the Film Censorship Ordinance (Cap. 392)) for which there is approval under section 15A of that Ordinance for publication within the meaning of section 2 of that Ordinance; (Added 63 of 1993 s. 22. Amended 42 of 2021 s. 24)
(ab) packaging in respect of which a certificate has been issued under section 15B of the Film Censorship Ordinance (Cap. 392); (Added 63 of 1993 s. 22)
(ac) advertising material—
(i) in respect of which a certificate has been issued under section 15K(5) of the Film Censorship Ordinance (Cap. 392); or
(ii) which the Film Censorship Authority has refused to approve under section 15K(5)(b) of that Ordinance; (Added 74 of 1995 s. 30)
(b) subject to section 32(2A) of the Film Censorship Ordinance (Cap. 392), matter referred to in section 32(1) of that Ordinance which is approved for publication or exhibition under regulation 8 of the revoked regulations within the meaning of section 32(3) of that Ordinance; or
(c) material within the meaning of section 2(1) of the Broadcasting Ordinance (Cap. 562) permitted to be provided under that Ordinance. (Replaced 48 of 2000 s. 44)
(Replaced 25 of 1988 s. 33. Amended 63 of 1993 s. 22)

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

4. Effective date of classification and conditions
For the purposes of this Ordinance—
(a) the classification of any article or matter shall not be regarded as taking effect until notice of that classification is given by the Registrar in accordance with section 19(2); and
(b) conditions shall not be regarded as imposed under section 8(2)(c) until notice thereof is given by the Registrar in accordance with section 19(2).

5. Panel of adjudicators
(1) For the purposes of this Ordinance, there shall be established a panel of adjudicators.
(2) The panel of adjudicators shall consist of such eligible persons as are, from time to time, appointed to it by the Chief Justice by notice in writing.
(3) For the purpose of subsection (2), a person shall be eligible to be appointed to the panel of adjudicators if, in the opinion of the Chief Justice, he is—
(a) ordinarily resident in Hong Kong and has so resided for at least 7 years; and
(b) proficient in written English or written Chinese.
(4) A person appointed under subsection (2) shall be a member of the panel of adjudicators for such period, not exceeding 3 years, as may be specified in his notice of appointment and shall be eligible for reappointment.
(5) A member of the panel of adjudicators may resign by giving notice in writing to the Chief Justice.
(6) The name of any adjudicator may be removed from the panel of adjudicators by the Chief Justice by notice in writing if that adjudicator—
(a) ceases to be ordinarily resident in Hong Kong;
(b) is convicted of any offence;
(c) is declared a bankrupt; or 
(d) in the opinion of the Chief Justice, neglects or is unable to perform his duty.
(7) The Chief Justice shall give notice in the Gazette of—
(a) any appointment by him under subsection (2); and
(b) any removal of the name of an adjudicator by him under subsection (6).

6. Appointment of Obscene Articles Tribunals
(1) The Registrar may appoint such number of tribunals as may from time to time be necessary for the purposes of this Ordinance.
(2) A tribunal appointed under this section shall be known as an Obscene Articles Tribunal.

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

7. Membership of Tribunal
(1) Subject to section 15(1A), a Tribunal shall consist of the following persons appointed by the Registrar— (Amended 73 of 1995 s. 3)
(a) a magistrate who shall preside; and
(b) 2 or more adjudicators selected from the panel of adjudicators.
(2) Subject to subsection (3), in the event of any difference between the members of a Tribunal, the decision of that Tribunal shall be that of the majority of them or, in the event that they are equally divided, that of the presiding magistrate.
(3) Any point of law arising during any proceedings before a Tribunal shall be determined by the presiding magistrate who shall give reasons therefor in writing.

8. Jurisdiction
(1) In relation to any article, or any matter publicly displayed, 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.
(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.