Page:Film Censorship Ordinance 1988 (Cap. 392).pdf/12

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
A112
Ord. No. 25/88
FILM CENSORSHIP

(4) The procedure of the Board at a meeting shall be determined by the Board.

(5) The Governor 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.

(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.

Request of person who submitted film to review decision of Authority or censor. 17. (1) Where a person who submits a film under section 8 is aggrieved by a decision of the Authority or a censor made under this Ordinance in respect of the film, 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 on the person who made that request―
(i) 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
(ii) 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.