30 Jul 2003
WONG KAM KUEN v. THE COMMISSIONER FOR TELEVISION AND ENTERTAINMENT LICENSING AND ANOTHER
- Citation
- WONG KAM KUEN v. THE COMMISSIONER FOR TELEVISION AND ENTERTAINMENT LICENSING AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV41/2003
The Commissioner does not have statutory power under s.5(3) or s.5(7) of the Amusement Game Centres Ordinance to impose licence conditions that operate as a general censorship of specific video games for persons aged 16 and over; s.5 permits regulation of categories or types of games and safety/management conditions, but determinations as to obscenity/indecency fall within the COIA/OAT framework. The Advisory Panel process lacks statutory authority and necessary procedural safeguards and cannot validate an excess of power.