Page:Film Censorship Ordinance 1988 (Cap. 392).pdf/13

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FILM CENSORSHIP
Ord. No. 25/88
A113

(3) Subject to subsection (6), 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 (2)(a); and
(c) considering the representations, if any, made in pursuance of subsection (2)(c)(ii),

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.

(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 the person who made that request 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) 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) as specified in a notice served on him under subsection (2)(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.

(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.

Request of Authority to review decision of censor.

18. (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—