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Report on the Second Round of Public Consultation and Public Views Collected
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Frequently Asked Questions About the Existing Regulatory Regime
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Frequently Asked Questions About the Existing Regulatory Regime

Definitions

1. What are the definitions of "obscenity" and "indecency"?

2. What are the definitions of "publish" and "public"?

3. What articles are subject to regulation by the COIAO?

4. Are films and television programmes subject to regulation by the COIAO?

5. I notice that some newspapers and magazines play up excessive violence, but without pornographic content. Do such newspapers and magazines contravene the COIAO?

6. I notice that some newspapers and magazines mislead readers with untrue reports. Do such newspapers and magazines contravene the COIAO?


Classification System

7. May Class II (Indecent) articles be legally sold in Hong Kong?

8. May Class III (Obscene) articles be legally sold in Hong Kong?

9. I was told that Class III articles are restricted to persons aged 18 or above. Really?

10. Will articles with science, literature or art values, but containing a few pornography content, be classified as Class II (indecent) articles?


Adjudication System

11. Who is responsible for classifying articles? The Office for Film, Newspaper and Article Administration (OFNAA) or the OAT?

12. What are the dual functions currently performed by the OAT?
What are the differences between administrative function and judicial function?

13. What are the criteria for classifying articles?

14. Who may submit articles to the classifying authority?

15. How long does it take to obtain a classification from the OAT?

16. Is the decision of the OAT in respect of the classification of an article final?

17. How do the Police handle borderline cases now?

18. Are the OAT adjudicators drawn from the list of jurors?


Enforcement and Penalties

19. Since the OFNAA, the C&ED and the Hong Kong Police Force are enforcement agencies of the COIAO, with which department shall I lodge complaint against contravention of the COIAO?

20. How does the current division of labour between OFNAA and the Police work?

21. Is the arrangement of having multiple law enforcement departments for the enforcement of a single Ordinance unique to COIAO? And is it unique for OFNAA, as a civilian department, to take up investigation and enforcement actions?

22. Obscene and indecent optical discs are usually offered for sale at those notorious shopping arcades which are also the black spots of pirated discs. Would C&ED take enforcement actions on both cases?

23. What are the maximum penalties on publishing Class II (Indecent) articles not in accordance with the COIAO?

24. What are the maximum penalties on publishing Class III (Obscene) articles under any situation?


New Forms of Media

25. Is Internet content subject to regulation by the COIAO?

26. Are mobile content and online games subject to regulation by the COIAO?

27. Can I shed responsibility if I distribute obscene content on the Internet with false name?

28. What is the Police’s current role in combating crimes on the Internet?


Publicity and Public Education

29. I noticed my child browsed objectionable content on the Internet stealthily. What shall I do?

30. What is filtering software and what are the types of such software?

 
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