Cap 392 - FILM CENSORSHIP ORDINANCE 1

Chapter: 392 FILM CENSORSHIP ORDINANCE Gazette Number Version Date

Long title 30/06/1997


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.

(Amended 63 of 1993 s. 2)


[10 November 1988] L.N. 249 of 1988

(Originally 25 of 1988)

(Enacted 1988)

Part: I PRELIMINARY 30/06/1997




Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Film Censorship Ordinance.
(Enacted 1988)


Section: 2 Interpretation L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(1) In this Ordinance, unless the context otherwise requires-

"advertising material" (宣傳資料) 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" (顧問) means an adviser appointed to the panel of advisers under section 6(2);
"Authority" (監督) means the Film Censorship Authority established by section 3;
"Board" (委員會) means the Board of Review established by section 16(1);
"censor" (檢查員) 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;



Cap 392 - FILM CENSORSHIP ORDINANCE 2

(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" (電影、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" (職能) 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" (會議) means a meeting of the Board;
"member" (委員) means a member of the Board;
"panel of advisers" (顧問小組) means the panel of advisers established by section 6(1);
"panel of censors" (檢查員小組) means the panel of censors established by section 4(1);
"proof of identity" (身分證明) means proof of identity within the meaning of section 17B of the Immigration

Ordinance (Cap 115);
"Secretary" (局長) means the Secretary for Commerce and Economic Development; (Replaced L.N. 106 of 2002.

Amended L.N. 130 of 2007)
"still film" (定畫影片) 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" (公眾人士) 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 - FILM CENSORSHIP ORDINANCE 3

Part: II ESTABLISHMENT OF FILM CENSORSHIP
AUTHORITY AND PANEL OF CENSORS AND PANEL
OF ADVISERS

30/06/1997





Section: 3 Film Censorship Authority L.N. 18 of 2012 01/04/2012


For the purposes of this Ordinance, there is hereby established a Film Censorship Authority who shall be the
public officer appointed by the Secretary.

(Amended 17 of 2011 s. 28)
(Enacted 1988)


Section: 4 Panel of censors 55 of 1999 01/07/1997


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)


Section: 5 Appointment of censors 30/06/1997


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)

Section: 6 Panel of advisers 30/06/1997


(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)


Part: III RESTRICTION ON EXHIBITION OF FILMS 30/06/1997




Section: 7 Restriction on exhibiting films unless exempted or
approved

L.N. 122 of 1999 17/06/1999



(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)

Part: IV CENSORSHIP OF FILMS 30/06/1997






Cap 392 - FILM CENSORSHIP ORDINANCE 4

Section: 8 Films to be submitted to Authority before exhibition L.N. 122 of 1999 17/06/1999


(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)

Section: 8A Application of section 8 to still films L.N. 122 of 1999 17/06/1999


(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)

Section: 9 Exemptions of films by Authority L.N. 122 of 1999 17/06/1999


(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.



Cap 392 - FILM CENSORSHIP ORDINANCE 5

(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)

Section: 10 Action to be taken by Authority and censor in relation to

film which is not exempted
L.N. 122 of 1999 17/06/1999



(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



Cap 392 - FILM CENSORSHIP ORDINANCE 6

(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" (檢查員) 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)


Section: 11 Viewing of films screened for purpose of censorship 30/06/1997


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)

Part: V MATTERS CONSEQUENTIAL UPON CENSOR'S

DECISION IN RESPECT OF A FILM
30/06/1997





Section: 12 Classification of films 30/06/1997


(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.

兒童不宜 "; or
"NOT SUITABLE FOR YOUNG PERSONS

AND CHILDREN.
青少年及兒童不宜 "; 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-





Cap 392 - FILM CENSORSHIP ORDINANCE 7

"APPROVED FOR EXHIBITION ONLY TO
PERSONS WHO HAVE

ATTAINED THE AGE OF 18 YEARS.
只核准對年滿18歲的人上映".

(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)

Section: 13 Certificate of approval, notice of refusal to approve and

notice concerning excision
L.N. 122 of 1999 17/06/1999



(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)



Cap 392 - FILM CENSORSHIP ORDINANCE 8

(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)

Section: 14 Excised film to be retained by Authority 30/06/1997


(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)

Part: VI EXHIBITION OF FILMS 30/06/1997




Section: 15 Film not to be exhibited without display of certificate of
exemption or approval

30/06/1997



(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



Cap 392 - FILM CENSORSHIP ORDINANCE 9

$10000.
(Enacted 1988)


Part: VIA PUBLICATION OF VIDEOTAPES AND LASERDISCS 30/06/1997


(Part VIA added 36 of 1993 s. 10)

Section: 15A Approval for publication 30/06/1997


(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)

Section: 15AA Approval for publication of videotapes or laserdiscs with

additions or excisions
30/06/1997



(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



Cap 392 - FILM CENSORSHIP ORDINANCE 10

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)

Section: 15B Submission of and conditions on packaging L.N. 122 of 1999 17/06/1999


(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



Cap 392 - FILM CENSORSHIP ORDINANCE 11

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)

Section: 15C Advertising material of published films 30/06/1997


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.

兒童不宜 "; or
"NOT SUITABLE FOR YOUNG PERSONS

AND CHILDREN.
青少年及兒童不宜 "; 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.
只核准對年滿18歲的人上映、發行、傳交、出售、

出租、放映、展放、放出或播出、交給或出借 ".
(Added 63 of 1993 s. 10. Amended 74 of 1995 s. 11)


Section: 15D Display of symbols and notices 30/06/1997


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,



Cap 392 - FILM CENSORSHIP ORDINANCE 12

in block letters and Chinese characters, prominently and legibly displayed-


"NOT SUITABLE FOR CHILDREN.
兒童不宜 "; or

"NOT SUITABLE FOR YOUNG PERSONS
AND CHILDREN.

青少年及兒童不宜 "; 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.
只核准對年滿18歲的人上映、發行、傳交、出售、

出租、放映、展放、放出或播出、交給或出借 ".
(Added 63 of 1993 s. 10. Amended 74 of 1995 s. 12)


Section: 15E Failure to display symbol or notice 30/06/1997


(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" (錯誤地使用) 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)

Section: 15F Notification of publication of film 30/06/1997


(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)

Section: 15G Authority to require deposit of film 30/06/1997


(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



Cap 392 - FILM CENSORSHIP ORDINANCE 13

fine of $50000.
(Added 63 of 1993 s. 10)


Section: 15H (Repealed 74 of 1995 s. 15) 30/06/1997




Section: 15I Notification of revocation 30/06/1997


(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)

Section: 15J Definitions 30/06/1997


In this Part-
"amending Ordinance" (作修訂用的條例) means the Film Censorship (Amendment) Ordinance 1993 (63 of 1993);
"certificate of approval" (核准證明書) 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" (豁免證明書) means a certificate of exemption issued under section 9.

(Added 63 of 1993 s. 10)

Part: VIB APPROVAL OF ADVERTISING MATERIAL AND

RESTRICTIONS ON DISPLAY OF CATEGORY III
ADVERTISING MATERIAL

30/06/1997



(Part VIB added 74 of 1995 s. 17)

Section: 15K Submission for approval of advertising material L.N. 122 of 1999 17/06/1999


(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-



Cap 392 - FILM CENSORSHIP ORDINANCE 14

(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)

Part: VII ESTABLISHMENT OF BOARD OF REVIEW AND

FUNCTIONS OF BOARD
30/06/1997





Section: 16 Board of Review 55 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 55 of 1999 s. 3


(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



Cap 392 - FILM CENSORSHIP ORDINANCE 15

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)

Section: 17 Request of person who submitted film, packaging or

advertising material to review decision of Authority or
censor

30/06/1997



(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



Cap 392 - FILM CENSORSHIP ORDINANCE 16

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.

(Amended 74 of 1995 s. 19)
(Enacted 1988)


Section: 18 Request of Authority to review decision of censor 30/06/1997


(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



Cap 392 - FILM CENSORSHIP ORDINANCE 17

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.

(Amended 74 of 1995 s. 20)
(Enacted 1988)


Section: 19 Request of person aggrieved by exhibition of film to review

decision of Authority or censor
L.N. 122 of 1999 17/06/1999



(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;



Cap 392 - FILM CENSORSHIP ORDINANCE 18

(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 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 personally or by registered post-
(i) on every concerned person-

(A) require that person (other than in the case of a person referred to in subsection (12)(f) or a
request relating to the title of a film) to produce the relevant film (or a copy thereof), the
packaging or advertising material; 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 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;
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



Cap 392 - FILM CENSORSHIP ORDINANCE 19

on that date and time and, if so attending, shall be permitted to make representations. (Replaced
74 of 1995 s. 21)

(5) Subject to subsection (8), 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 relevant 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 (4)(a); and
(c) considering the representations, if any, made in pursuance of subsection (4)(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.
(6) Where under subsection (5) 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 every concerned
person a copy of the directions or refusal, as the case may be, given under subsection (5) in respect of that review.

(7) Where at a meeting for the purpose of subsection (5) 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.

(8) At a meeting for the purpose of subsection (5), 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.

(9) Where, consequent upon a request under subsection (1), a person fails to comply with a requirement under
subsection (4)(c)(i)(A) as specified in a notice served on him under subsection (4)(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, if the request relates to-

(i) the exhibition of a film and the failure was to produce the film (or a copy thereof), the relevant
certificate of exemption or certificate of approval shall be deemed to be revoked;

(ii) the publication of a videotape or laserdisc pursuant to approval under section 15A and the failure
was to produce the videotape or laserdisc, the relevant certificate of approval or certificate of
exemption shall cease to operate as approval for publication under that section;

(iii) a certificate issued under section 15B(4)(b) and the failure was to produce the relevant
packaging, the certificate shall be deemed to be revoked; and

(iv) a certificate issued under section 15K(5) and the failure was to produce the relevant advertising
material, the certificate shall be deemed to be revoked. (Replaced 74 of 1995 s. 21)

(10) Where, consequent upon a request under subsection (1), a person complies with a requirement under
subsection (4)(c)(i)(A) as specified in a notice served on him under subsection (4)(c), the Secretary shall, after that
request is fully disposed of under this section, forthwith return to that person the film (or the copy thereof), packaging
or advertising material, as the case may be, produced to the Secretary in accordance with that notice.

(11) The Authority and a censor shall each have such powers as are necessary to give effect to any directions
given to him under subsection (5)(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.

(12) In this section "concerned person" (有關的人) means, where a request under subsection (1) relates to-
(a) the title of a film that is exhibited or published, the person to whom the relevant certificate of

exemption or certificate of approval, as the case may be, was issued;
(b) the exhibition of a film, the person to whom the relevant certificate of exemption or certificate of

approval, as the case may be, was issued;
(c) the publication of a videotape or laserdisc pursuant to section 15A, 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;

(d) the publication or display of packaging, the person to whom the relevant certificate was issued under
section 15B(4)(b);

(e) the publication or display of advertising material, the person to whom the relevant certificate was
issued under section 15K(5); or



Cap 392 - FILM CENSORSHIP ORDINANCE 20

(f) any matter referred to in paragraph (a), (b), (c), (d) or (e), 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. (Added 74 of 1995 s. 21)

(Amended 74 of 1995 s. 21; 9 of 1999 s. 10)
(Enacted 1988)


Part: VIII ENFORCEMENT AND MISCELLANEOUS 30/06/1997




Section: 20 Offence in relation to exhibition or publication of films
classified for exhibition or publication only to persons who
have attained the age of 18 years

30/06/1997



(1) A person shall not exhibit a film which has the classification referred to in section 12(1)(c) to a person
under the age of 18 years.

(2) A person who contravenes subsection (1) commits an offence and is liable-
(a) on a first or second conviction to a fine of $50000; and (Amended 63 of 1993 s. 11)
(b) on a third or subsequent conviction to a fine of $100000.

(2A) A person shall not publish a videotape or a laserdisc, to which the classification described in section
12(1)(c) applies, to a person under the age of 18 years. (Added 63 of 1993 s. 11)

(2B) Any person who contravenes subsection (2A) commits an offence and is liable on conviction to a fine of
$200000 and imprisonment for 12 months. (Added 63 of 1993 s. 11)

(3) It shall be a defence to a charge under subsection (2) that the person charged took all reasonable precautions
during the exhibition of the film to which the charge relates to prevent the exhibition of the film to persons under the
age of 18 years.

(4) It shall be a defence to a charge under subsection (2A) to prove that at the time the offence is alleged to
have been committed, the person charged inspected an identity card or passport purporting to be the identity card or
passport of the person under the age of 18 years and believed on reasonable grounds that such person was not under
the age of 18 years. (Added 63 of 1993 s. 11)

(Enacted 1988)

Section: 21 Offence in relation to contravention of conditions endorsed

on a certificate
30/06/1997



(1) A person who contravenes, as regards the exhibition of a film or the publication of a videotape or laserdisc,
a condition or a requirement, as the case may be, endorsed on-

(a) a certificate of exemption issued under section 9;
(b) a certificate of approval issued under section 13; or
(c) a certificate issued under section 15B(4)(b), (Added 63 of 1993 s. 12)

commits an offence and is liable on conviction to a fine of $50000 and imprisonment for 6 months. (Amended 63 of
1993 s. 12)

(2) It shall be a defence to a charge under subsection (1) or (4) alleging the contravention of a condition
referred to in section 9(2)(i) and (ii) or 13(1)(c), (4)(b)(iii)(C) or (4A) or a requirement made under section 15B(4) or
(6) as the case may be that the person charged-

(a) did not know that the film or packaging, as the case may be, to which the charge relates did not comply
with that condition; and

(b) made such inquiries as were reasonable in his circumstances to ascertain whether that film or
packaging, as the case may be, complied with that condition. (Amended 63 of 1993 s. 12)

(3) A person to whom a certificate of exemption is issued under section 9, or a certificate of approval is issued
under section 13, in respect of a film who-

(a) provides the film to another person; and
(b) knows that the film so provided-

(i) is intended for exhibition or in the case of a videotape or laserdisc, for publication, whether by
the person so provided with the film or any other person; and (Amended 63 of 1993 s. 12)

(ii) does not comply with a condition referred to in section 9(2)(i) and (ii) or 13(1)(c) or (4)(b)(iii)(C)



Cap 392 - FILM CENSORSHIP ORDINANCE 21

endorsed on the certificate,
commits an offence and is liable on conviction to a fine of $50000 and imprisonment for 6 months. (Amended 63 of
1993 s. 12)

(3A) Subject to subsection (3B), where there is a certificate of approval or a certificate of exemption in force in
respect of a film a person who possesses for the purpose of publication, a videotape or laserdisc being a videotape or
laserdisc with additions to or excisions from the form in which it was approved or exempted under this Ordinance, or
with both such additions and excisions, commits an offence and is liable on conviction to a fine at level 5 and
imprisonment for 6 months. (Added 74 of 1995 s. 22)

(3B) Subsection (3A) shall not apply where the certificate of approval or certificate of exemption referred to in
those subsections was issued pursuant to-

(a) a submission under section 8, and there is another certificate of approval or certificate of exemption in
force in respect of that film issued pursuant to a submission under section 15AA(1) and the videotape
or laserdisc is in the form in which it was exempted or approved pursuant to the second-mentioned
submission; or

(b) a submission under section 15AA(1), and there is another certificate of approval or certificate of
exemption issued in respect of that film pursuant to a submission under section 8 and the videotape or
the laserdisc concerned is in the form in which it was approved or exempted pursuant to the second-
mentioned submission. (Added 74 of 1995 s. 22)

(3C) For the purposes of subsection (3A) a person shall-
(a) be deemed to possess a videotape or laserdisc for publication if he possesses it with the intention of

manufacturing or reproducing a copy of it for publication; and
(b) be presumed, in the absence of evidence to the contrary, to possess a videotape or laserdisc for

publication if he is in possession of more than 2 copies of the videotape or laserdisc, as the case may
be, in circumstances that give rise to a reasonable suspicion that he intends to publish it. (Added 74 of
1995 s. 22)

(4) Any person who contravenes a condition imposed under section 13(4A) or 15B(6) commits an offence and
is liable on conviction to a fine of $50000 and imprisonment for 6 months. (Added 63 of 1993 s. 12)

(Enacted 1988)

Section: 22 Offence in relation to revocation, etc. 30/06/1997


(1) A person shall not exhibit a film in respect of which a certificate of exemption issued under section 9 has
been revoked or is deemed to be revoked under this Ordinance unless and until there is in force in respect of the film-

(a) a further certificate of exemption issued under section 9; or
(b) a certificate of approval issued under section 13.

(2) A person shall not exhibit a film in respect of which a certificate of approval issued under section 13 has
been revoked or is deemed to be revoked under this Ordinance unless and until there is in force in respect of the film-

(a) a certificate of exemption issued under section 9; or
(b) a further certificate of approval issued under section 13.

(3) A person who knowingly contravenes subsection (1) or (2) commits an offence and is liable on conviction
to a fine of $200000 and imprisonment for 1 year. (Amended 63 of 1993 s. 13; 74 of 1995 s. 23)

(4) Where-
(a) a certificate of approval issued in respect of a film under section 13; or
(b) a certificate of exemption issued in respect of a film under section 9,

has been revoked or deemed to be revoked under this Ordinance, a person shall not, subject to subsection (5), publish
a videotape or laserdisc containing a record of the visual images (or soundtrack associated with them) contained in the
film to which the certificate relates or which is a copy of such a record contained in a videotape or laserdisc to which
the certificate relates, unless a further certificate of approval or a certificate of exemption, as the case may be, is issued
in respect of the film concerned under the relevant section. (Added 63 of 1993 s. 13)

(5) The prohibition against publication in subsection (4) shall not apply in relation to any publication during the
period of 7 days beginning on the date a notice is first published under section 15I(2). (Added 63 of 1993 s. 13)

(5A) Subject to subsection (5B), where-
(a) a certificate issued under section 15B(4)(b) is revoked or deemed to be revoked; or
(b) a certificate issued under section 15K(5) is revoked or deemed to be revoked,

a person shall not, in the case referred to in-



Cap 392 - FILM CENSORSHIP ORDINANCE 22

(i) paragraph (a), publish a videotape or laserdisc to which the classification described in section 12(1)(c)
applies in packaging to which the relevant certificate related or display (with or without a videotape or
laserdisc) that part of the packaging constituting the cover of such a videotape or laserdisc; and

(ii) paragraph (b), display to the public or publish any advertising material to which the relevant certificate
related. (Added 74 of 1995 s. 23)

(5B) The prohibition in subsection (5A) shall not apply in relation to any publication or display during the
period of 7 days beginning on the date the relevant notice is given under section 15B(9) or 15K(12), as the case may
be. (Added 74 of 1995 s. 23)

(6) A person who knowingly contravenes subsection (4) commits an offence and is liable on conviction to a
fine of $200000 and imprisonment for 1 year. (Added 63 of 1993 s. 13. Amended 74 of 1995 s. 23)

(7) A person who knowingly contravenes subsection (5A) commits an offence and is liable on conviction to a
fine of $200000 and imprisonment for 1 year. (Added 74 of 1995 s. 23)

(Enacted 1988)

Section: 23 Inspection and enforcement 30/06/1997


(1) The Authority may authorize in writing any public officer to be an inspector for the purposes of this
Ordinance.

(2) Subject to subsection (3A), an inspector may-
(a) at all reasonable times enter any place in which he has reason to believe a film is exhibited or intended

to be exhibited or a videotape or laserdisc is published or intended to be published ; (Amended 74 of
1995 s. 24)

(b) at any time enter any place in which he has reason to believe that an offence under this Ordinance is
being or has been committed; and

(c) in any place entered under paragraph (a) or (b)-
(i) seize a film, packaging or advertising material which appears to him to be evidence of an offence

under this Ordinance; (Amended 74 of 1995 s. 24)
(ii) require any person found in that place to furnish to him for his inspection, his proof of identity or

a copy or a purported copy of a certificate issued under section 15B(4)(b) or 15K(5); and
(Amended 63 of 1993 s. 14; 74 of 1995 s. 24)

(iii) require any person found in that place to furnish to him his residential address or business
address (if any), or both, and the telephone number of his residence or the telephone number of
his place of business (if any) or both. (Added 74 of 1995 s. 24)

(3) An inspector shall, if requested by any person in any place entered under subsection (2)(a) or (b), produce
his authority as such inspector.

(3A) An inspector shall not under subsection (2) enter and search any domestic premises unless a magistrate has
issued a warrant under subsection (3B). (Added 63 of 1993 s. 14)

(3B) A magistrate may, if he is satisfied by information on oath that there is reasonable ground for suspecting
that there is on any domestic premises any film which may be seized under subsection (2), issue a warrant authorizing
an inspector to enter and search the premises. (Added 63 of 1993 s. 14)

(4) A person who-
(a) wilfully obstructs an inspector in the exercise of a power under subsection (2); (Amended 74 of 1995

s. 24)
(b) fails without reasonable excuse to furnish his proof of identity or a copy or purported copy of the

certificate issued under section 15B(4)(b) or 15K(5), as the case may be, if so required under
subsection (2)(c)(ii); or (Amended 74 of 1995 s. 24)

(c) fails without reasonable excuse to furnish an address or a telephone number required to be furnished
under subsection (2)(c)(iii), (Added 74 of 1995 s. 24)

commits an offence and is liable on conviction to a fine of $50000 and imprisonment for 6 months. (Amended 63 of
1993 s. 14)

(Enacted 1988)

Section: 24 Censorship mark 30/06/1997


(1) The Authority may, by notice in the Gazette, adopt, and, in his discretion, by notice in the Gazette, change



Cap 392 - FILM CENSORSHIP ORDINANCE 23

or amend a censorship mark and such censorship mark shall be evidence that a film in connection with which it is
displayed has been approved for exhibition or publication under this Ordinance.

(2) A person who displays the censorship mark adopted under subsection (1), including the censorship mark as
changed or amended under that subsection, or a mark calculated to be mistaken for the censorship mark, in connection
with a film without the written consent of the Authority commits an offence and is liable on conviction to a fine of
$50000 and imprisonment for 6 months.

(Amended 63 of 1993 s. 15)
(Enacted 1988)


Section: 25 Authority may issue replacement certificates L.N. 122 of 1999 17/06/1999


(1) Where the Authority is satisfied that a certificate issued under a provision of this Ordinance to a person has
been destroyed, lost or stolen, he may, upon application in such form as the Authority may determine by that person,
issue to that person a further certificate in like terms and, where any such further certificate is so issued, it shall, for
the purposes of this Ordinance, be deemed- (Amended 9 of 1999 s. 11)

(a) to be issued under that provision; and
(b) to be the certificate which the Authority is satisfied has been destroyed, lost or stolen.

(2) A prescribed fee shall be payable for a certificate issued under this section, and no such certificate shall be
so issued unless the fee for such certificate has been paid.

(Enacted 1988)

Section: 26 Proof of certain matters 30/06/1997


A document purporting to be under the hand of the Authority stating that a certificate attached to the document
is a copy of a certificate issued under this Ordinance in respect of a film, packaging or advertising material described
in that document shall in any proceedings be admitted in evidence on its production without further proof, and until
the contrary is proved it shall be presumed that- (Amended 74 of 1995 s. 25)

(a) the person who signed that document was the Authority;
(b) the certificate attached to that document is a true copy of the certificate issued under this Ordinance in

respect of the film, packaging or advertising material, as the case may be, described in that document;
and (Amended 74 of 1995 s. 25)

(c) the matters contained in the certificate attached to that document are true.
(Enacted 1988)


Section: 27 Risk and expense relating to submission of film 30/06/1997


(1) The submission or production of a film under section 8(1), 15AA(1), 17(2)(c)(i), 18(3)(c)(i) or 19(4)(c)(i)
or the submission of packaging under section 15B(1) or advertising material under section 15K and the possession by
the Authority of a film, packaging or advertising material, as the case may be, resulting from such submission or
production, shall be at the risk and expense of the person so submitting or producing any such film, packaging or
advertising material, as the case may be. (Amended 63 of 1993 s. 16; 74 of 1995 s. 26)

(2) The-
(a) excision of film by the Authority under section 13(4)(a);
(b) deposit of pieces of excised film under section 14(1);
(c) retention of pieces of excised film under section 14(2), shall be at the risk and expense of the person

who submitted the film under section 8.
(Enacted 1988)


Section: 28 Delegation of powers 30/06/1997


(1) Any public officer appointed by the Authority for the purposes of this section may exercise any of the
functions which the Authority may exercise under this Ordinance except the function under section 6(2). (Amended
63 of 1993 s. 17)

(2) (Repealed 63 of 1993 s. 17)



Cap 392 - FILM CENSORSHIP ORDINANCE 24

(Enacted 1988)

Section: 29 Regulations L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(1) The Secretary may by regulation provide for- (Amended L.N. 372 of 1996; L.N. 192 of 1998; L.N. 106 of

2002; L.N. 130 of 2007)
(a) the payment of allowances to advisers;
(b) the manner in, and the place at, which a film is to be submitted under section 8 or packaging is to be

submitted under section 15B(1) or advertising material is to be submitted under section 15K;
(Amended 74 of 1995 s. 27)

(c) (Repealed 9 of 1999 s. 12)
(d) the classes or descriptions of films that are suitable to be exempted under section 9;
(e) (Repealed 9 of 1999 s. 12)
(f) (Repealed 63 of 1993 s. 18)
(g) the symbols designating the classifications of a film under section 12;
(h) (Repealed 9 of 1999 s. 12)
(ha) the matters relating to a repository established under section 29A, including the period for which any

material in such repository is to be kept, the persons who are eligible to view, inspect or otherwise
have access to such material, the procedure for viewing or inspecting any such material and the
conditions (if any) subject to which it is to be viewed or inspected; (Added 63 of 1993 s. 18. Amended
74 of 1995 s. 27)

(hb)-(hc) (Repealed 9 of 1999 s. 12)
(i) the manner in, and the place at, which a request under section 17, 18 or 19 is to be delivered to the

Secretary; (Amended 9 of 1999 s. 12)
(j)-(k) (Repealed 9 of 1999 s. 12)
(l) (Repealed 63 of 1993 s. 18)
(m) the service of any document;
(n)-(o) (Repealed 63 of 1993 s. 18)
(p) any period to be prescribed under this Ordinance. (Added 9 of 1999 s. 12)

(1A) The Chief Executive in Council may by regulation provide for- (Amended 55 of 1999 s. 3)
(a) the fee payable under section 9(5) or 10(8);
(b) any fee for the purposes of section 15B(3); (Amended 74 of 1995 s. 27)
(c) any fee payable under section 15K(4); (Replaced 74 of 1995 s. 27)
(d) the fee payable under section 25(2);
(da) any fee (which may be different for different purposes) payable under section 29A(2); (Added 74 of

1995 s. 27)
(e) the remission of any fee payable under this Ordinance; and
(f) the better carrying into effect of this Ordinance except as regards matters under which regulations may

be made under subsection (1). (Added 63 of 1993 s. 18)
(2) Any regulations made under subsection (1A)(a) may provide for a fee to be fixed at a level which provides

for the recovery of expenditure incurred or likely to be incurred in the exercise of any functions under this Ordinance
and shall not be limited by reference to the amount of any administrative or other costs incurred or likely to be
incurred in the exercise of any particular function.

(3) The Chief Executive in Council may by regulation provide- (Amended 55 of 1999 s. 3)
(a) that the contravention of any regulation made under subsection (1) or (2) or any specified provision of

such regulation is an offence; and
(b) in respect of such offence, a penalty not exceeding a fine of $50000 and imprisonment for 6 months.

(Replaced 63 of 1993 s. 18)
(Amended 63 of 1993 s. 18)

(Enacted 1988)




Cap 392 - FILM CENSORSHIP ORDINANCE 25

Section: 29A Authority to maintain repository L.N. 122 of 1999 17/06/1999


(1) The Authority shall maintain a repository of-
(a) the videotapes or laserdiscs deposited under section 9(3A) or 13(4C); (Amended 9 of 1999 s. 13)
(b) packaging submitted under section 15B(1);
(c) videotapes or laserdiscs deposited under section 15G; and
(d) advertising material submitted under section 15K.

(2) A person may, subject to regulations made under section 29(1)(ha), on the payment of the appropriate
prescribed fee, view or inspect-

(a) a videotape or laserdisc in a repository referred to in subsection (1), which is or purports to be a copy
of a published videotape or laserdisc or a film which has been exhibited, for the purpose of comparing
the copy or purported copy with the published or exhibited version;

(b) a videotape or laserdisc in such a repository to ascertain the conditions, if any, relating to publication;
and

(c) packaging or advertising material in such a repository.
(Added 74 of 1995 s. 28)


Section: 29B Power of Authority to set forms L.N. 122 of 1999 17/06/1999


(1) The Authority may set the forms to be determined by him or that are required for the purposes of this
Ordinance.

(2) The Authority's power under subsection (1) is subject to any express requirement under this Ordinance for a
form to comply with the requirement.

(3) The Authority may include in a form a statutory declaration to be made by the person completing the form
confirming that the particulars contained in the form are correct to the best of the person's knowledge.

(Added 9 of 1999 s. 14)

Section: 30 Guidelines for censors 30/06/1997


The Secretary may, for information, from time to time cause to be prepared and published in the Gazette, for the
guidance of censors, guidelines not inconsistent with this Ordinance, indicating the manner in which it is proposed that
censors exercise their functions under this Ordinance.

(Enacted 1988)

Section: 31 No liability in the case of the bona fide exercise of functions

under this Ordinance
30/06/1997



No liability shall be incurred by any public officer in respect of anything done or omitted to be done by him
bona fide in the exercise or purported exercise of any of his functions under this Ordinance.

(Enacted 1988)

Section: 32 Transitional 30/06/1997


(1) Subject to this section, where any film or matter has been submitted or delivered under regulation 3 or 8 of
the revoked regulations at any time before the commencement of this Ordinance, then the provisions of the Film
Censorship Regulations (Cap 172 sub. leg. 1987 Ed.), as in force immediately before that commencement, shall apply
to such film or matter-

(a) in the same manner as they applied to such film or matter immediately before that commencement; and
(b) as if this Ordinance had not been enacted.

(2) Notwithstanding subsection (1), at any time on and from the commencement of this Ordinance, any film
referred to in that subsection may be submitted under section 8(1) and, where any such film is so submitted, on and
from the date of such submission, the provisions of this Ordinance shall apply to such film so submitted as if such film
so submitted had not been submitted under regulation 3 of the revoked regulations.

(2A) Any certificate of approval in force in respect of a film or matter submitted under the revoked regulations



Cap 392 - FILM CENSORSHIP ORDINANCE 26

immediately before the expiry of the period of 12 months beginning on the date of commencement* of the Film
Censorship (Amendment) Ordinance 1993 (63 of 1993), shall expire on the expiry of such period. (Added 63 of 1993
s. 19)

(3) For the purposes of this section, "revoked regulations" (經撤銷的規例) means-
(a) the Film Censorship Regulations (Cap 172 sub. leg. 1984 Ed.) as in force at any time before 5 June

1987; or
(b) the Film Censorship Regulations (Cap 172 sub. leg. 1987 Ed.) as in force at any time before the

commencement of this Ordinance.
(Enacted 1988)

_________________________________________________________________________________
Note:
* Commencement date: 14 January 1994.

Section: 33 Saving of existing regulations 30/06/1997


(1) Any regulation made under any provision repealed or amended by the Film Censorship (Amendment)
Ordinance 1993 (63 of 1993) (the "amending Ordinance") and in force immediately before the commencement of that
Ordinance shall continue in force and have effect as if made under this Ordinance by the authority who, having regard
to the subject-matter of such regulation, is empowered on or after the commencement of the amending Ordinance to
make such regulation, and may be amended or repealed by such authority. (Amended 74 of 1995 s. 29)

(2) Any repository maintained by the Authority immediately before the commencement of the Film Censorship
(Amendment) Ordinance 1995 (74 of 1995) ("the amending Ordinance of 1995") under a provision repealed by that
Ordinance shall continue to exist notwithstanding such repeal and be deemed to be a repository maintained under
section 29A. (Added 74 of 1995 s. 29)

(3) Any regulation made under a provision repealed or amended by section 27(a)(iii) or (b) of the amending
Ordinance of 1995 and in force immediately before the commencement of that Ordinance shall continue to be in force
notwithstanding such amendment or repeal and be deemed to have been made under this Ordinance as amended by the
amending Ordinance of 1995. (Added 74 of 1995 s. 29)

(Added 63 of 1993 s. 20)

Schedule: SCHEDULE (Repealed 63 of 1993 s. 21) 30/06/1997