Page:Control of Obscene and Indecent Articles Ordinance 1987 (Cap. 390).pdf/6

A38 :(a) ordinarily resident in Hong Kong and has so resided for at least 7 years; and
 * (b) proficient in written English or written Chinese.

(4) A person appointed under subsection (2) shall be a member of the panel of adjudicators for such period, not exceeding 3 years, as may be specified in his notice of appointment and shall be eligible for reappointment.

(5) A member of the panel of adjudicators may resign by giving notice in writing to the Chief Justice.

(6) The name of any adjudicator may be removed from the panel of adjudicators by the Chief Justice by notice in writing if that adjudicator—
 * (a) ceases to be ordinarily resident in Hong Kong;
 * (b) is convicted of any offence;
 * (c) is declared a bankrupt; or
 * (d) in the opinion of the Chief Justice, neglects or is unable to perform his duty.

(7) The Chief Justice shall give notice in the Gazette of—
 * (a) any appointment by him under subsection (2); and
 * (b) any removal of the name of an adjudicator by him under subsection (6).

6. (1) The Registrar may appoint such number of tribunals as may from time to time be necessary for the purposes of this Ordinance.

(2) A tribunal appointed under this section shall be known as an Obscene Articles Tribunal.

7. (1) A Tribunal shall consist of the following persons appointed by the Registrar—
 * (a) a magistrate who shall preside; and
 * (b) 2 or more adjudicators selected from the panel of adjudicators.

(2) Subject to subsection (3), in the event of any difference between the members of a Tribunal, the decision of that Tribunal shall be that of the majority of them or, in the event that they are equally divided, that of the presiding magistrate.

(3) Any point of law arising during any proceedings before a Tribunal shall be determined by the presiding magistrate who shall give reasons therefor in writing.

8. (1) In relation to any article, or any matter publicly displayed, referred to it by a court or magistrate under Part V a Tribunal may determine whether—
 * (a) the article is obscene or indecent;
 * (b) the matter is indecent; or
 * (c) the ground of defence under section 28 is proved in respect of the publication of an article or the public display of any matter.