Page:Control of Obscene and Indecent Articles Ordinance 1987 (Cap. 390).pdf/4

A36 “article” means any thing consisting of or containing material to be read or looked at or both read and looked at, any sound recording, and any film, video-tape, disc or other record of a picture or pictures;

“assisting officer” means any police officer or any member of the Customs and Excise Service assisting an authorized officer under section 34(2) in the execution of a warrant;

“authorized officer” means any person authorized by a warrant issued under section 34;

“classification” means a classification by a Tribunal under Part III and includes an interim classification and "classified" shall be construed accordingly;

“full hearing” means a full hearing of a Tribunal under section 15;

“interim classification” means an interim classification made by a Tribunal under section 14:

“juvenile” means a person under the age of 18 years;

“panel of adjudicators” means the panel of adjudicators established under section 5;

“presiding magistrate” means a magistrate appointed to preside under section 7;

“Registrar” means the Registrar of the Supreme Court;

“Tribunal” means an Obscene Articles Tribunal appointed under section 6;

“warrant” means a warrant issued under section 34(1).

(2) For the purposes of this Ordinance—
 * (a) a thing is obscene if by reason of obscenity it is not suitable to be published to any person; and
 * (b) a thing is indecent if by reason of indecency it is not suitable to be published to a juvenile.

(3) For the purposes of subsection (2), “obscenity” and “indecency” include violence, depravity and repulsiveness.

(4) For the purposes of this Ordinance, a person publishes an article if he, whether or not for gain—
 * (a) distributes, circulates, sells, hires, gives or lends the article to the public or a section of the public;
 * (b) in the case of an article—
 * (i) consisting of or containing material to be looked at; or
 * (ii) that is a sound recording or a film, video-tape, disc or other record of a picture or pictures,

shows, plays or projects that article to or for the public or a section of the public.

(5) For the purposes of subsection (4)—
 * (a) “article” includes anything which is intended to be used, either alone or as one of a set, for the purpose of manufacturing or reproducing an article; and