24 Jan 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 First Instance
- Case number
- HCAL150/2002
The Commissioner lacked statutory power under the AGC Ordinance to impose a general content‑based censorship that wholly prohibits games for persons aged 16 or over; where obscenity or indecency is alleged the matter falls within the exclusive jurisdiction of the Obscene Articles Tribunal under the COIA Ordinance and cannot be bypassed by licence conditions; the Appeal Board erred in placing the burden of proof on the applicant; therefore the suspension and the Appeal Board decision are unlawful and must be quashed and remitted for reconsideration in accordance with law.