Legislative Council of Hong Kong

“ A Tribunal shall have exclusive jurisdiction to determine whether—
(a) any article is obscene or indecent; (b) any matter that is publicly displayed 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. (2) Subject to subsection (3) , where in any civil or criminal proceedings before a court or magistrate a question arises as to any of the matters mentioned in subsection (1) , that court or magistrate shall refer that question to a Tribunal ”

“ If any summons issued under subsection (1) has not for any reason been served and the magistrate is satisfied that all reasonable efforts were made to serve the summons on the person named in the summons he may make an order of forfeiture under section 40 notwithstanding that the summons was not served and that the person named in the summons is not given an opportunity to show cause why the article or thing should not be forfeited. ”

“ An order for forfeiture of any article shall, unless the magistrate considers that there are special reasons for directing otherwise, apply to the whole of the article.
(6) In this section “owner”—
(a) in the case of a stall includes any occupier of that stall; (b) in the case of a vessel includes any charterer and the master of that vessel; (c) in the case of an aircraft includes any operator of that aircraft; and (d) in the case of a vehicle includes the driver of that vehicle. ”

“ The author, printer, manufacturer, publisher, importer, distributor or owner of the copyright of any article or any person who commissions the design, production or publication of any article may, by application in the prescribed form, submit that article to the Registrar for classification by a Tribunal. ”

“ A document purporting to be under the hand of a presiding magistrate stating a decision or determination of a Tribunal shall be admissible on its production and without further proof in any proceedings and such document shall be conclusive evidence of the facts contained in it unless it is proved that the document was not signed by a presiding magistrate. ”

“ Panel of adjudicators. 5. (1) For the purposes of this Ordinance, there shall be established a panel of adjudicators.
(2) The panel of adjudicators shall consist of such eligible persons as are, from time to time, appointed to it by the Chief Justice by notice in writing.
(3) For the purpose of subsection (2) , a person shall be eligible to be appointed to the panel of adjudicators if, in the opinion of the Chief Justice, he is—
(a) ordinarily resident in Hong Kong and has so resided for at least 7 years; and (b) proficient in written English or written Chinese. ”