Cap. 392 sub. leg. A

Film Censorship Regulations(Cap. 392, section 29) [10 November 1988](Format changes—E.R. 3 of 2020) 1. Citation These regulations may be cited as the Film Censorship Regulations. 2. Submission of film under section 8 A film submitted to the Authority under section 8 of the Ordinance shall be submitted—(a) at the office of the Authority; and(b) together with the form determined by the Authority under that section completed legibly and in accordance with any directions specified in the form. (L.N. 84 of 1999) 2A. Submission of packaging under section 15B(1) of the Ordinance Packaging submitted to the Authority under section 15B(1) of the Ordinance shall be submitted—(a) at the office of the Authority; and(b) together with a packaging submission form in the form determined by the Authority under that section, which form shall be completed legibly and in accordance with any directions specified in the form. (L.N. 84 of 1999)(L.N. 2 of 1994) 2B. Submission of advertising material under section 15K of the Ordinance Advertising material submitted to the Authority under section 15K of the Ordinance shall be submitted—(a) at the office of the Authority; and(b) together with the form determined by the Authority under that section completed legibly and in accordance with any directions specified in the form. (L.N. 84 of 1999)(L.N. 449 of 1995) 3. Classes or descriptions of films suitable to be exempted The classes or descriptions of films set out in Schedule 2 are suitable to be exempted under section 9 of the Ordinance. 4. (Repealed L.N. 84 of 1999) 5. Fee payable under section 10(8) The fee payable under section 10(8) of the Ordinance is specified in Part I of Schedule 3. 6. Symbols designating the classifications of films The symbols designating the classifications of films under section 12 of the Ordinance are set out in Schedule 4. 7. (Repealed L.N. 84 of 1999) 7A. (Repealed L.N. 84 of 1999) 7B. (Repealed L.N. 84 of 1999) 8. Requests under section 17 or 19 A request under section 17 or 19 of the Ordinance shall be delivered to the Secretary—(a) by registered post; or(b) at the office of the Secretary—(i) in person by the person making the request; or(ii) by a person authorized in writing in that behalf by the person making the request.(L.N. 362 of 1997; L.N. 84 of 1999) 9. Requests under section 18 A request under section 18 of the Ordinance shall be delivered to the Secretary at the office of the Secretary. 10. (Repealed L.N. 84 of 1999) 11. Fee payable under section 25(2) The fee payable under section 25(2) of the Ordinance is specified in Part II of Schedule 3. 11A. Fee payable under section 9(5), 15B(3), 15K(4) or 29A(2) (1) The fee payable under section 9(5) of the Ordinance is specified in Part III of Schedule 3.(2) The fee payable under section 15B(3) of the Ordinance is specified in Part IV of Schedule 3.(3) The fee payable under section 29A(2) of the Ordinance is specified in Part V of Schedule 3.(4) The fee payable under section 15K(4) of the Ordinance is specified in Part VI of Schedule 3. (L.N. 447 of 1995)(L.N. 465 of 1993; L.N. 447 of 1995) 12. Remission of fees (1) If the Authority is satisfied that any film submitted to be dealt with under section 10 of the Ordinance—(a) will only be exhibited free of charge he may, in his discretion, direct that the fee payable under section 10(8) of the Ordinance shall be remitted;(b) will be exhibited only once for payment he may, in his discretion, direct that nine-tenths of the fee payable under section 10(8) of the Ordinance shall be remitted;(c) will be exhibited by a bona fide film club or similar organization whose declared intentions are principally cultural and non-profit making and are accepted by the Authority as such, he may direct that such fee payable under section 10(8) of the Ordinance shall be remitted in whole or in part;(d) is the same or substantially the same as another film which has been submitted to be dealt with under section 10 of the Ordinance seeking the same or another classification and in respect of which the full prescribed fee under that section is payable or has been paid, he may, in his discretion, direct that the fee payable under section 10(8) of the Ordinance in respect of the film shall be remitted in whole or in part; or (L.N. 465 of 1993)(e) is the same as another film which has been approved for exhibition under the revoked regulations within the meaning of section 32(3) of the Ordinance, he may, in his discretion, direct that the fee payable under section 10(8) of the Ordinance shall be remitted in whole or in part.(2) If the Authority is satisfied that any film submitted to be dealt with under section 9 of the Ordinance—(a) will be exhibited by a bona fide film club or similar organization whose declared intentions are principally cultural and non-profit making and are accepted by the Authority as such; or(b) will be exhibited for cultural, educational or religious purposes only which are accepted by the Authority as such,he may direct that such fee payable under section 9(5) of the Ordinance shall be remitted in whole or in part. (L.N. 465 of 1993)(3) If the Authority is satisfied that any film, the advertising material of which is submitted to be dealt with under section 15K of the Ordinance—(a) will only be exhibited free of charge;(b) will be exhibited only once for payment; or(c) will be exhibited by a bona fide film club or similar organization whose declared intentions are principally cultural and non-profit making and are accepted by the Authority as such,he may direct that the fee payable under section 15K(4) of the Ordinance shall be remitted in whole or in part. (L.N. 447 of 1995)(4) If the Authority is satisfied that any physical storage medium for films with the classification described in section 12(1)(c) of the Ordinance, the packaging of which is submitted to be dealt with under section 15B of the Ordinance, will be published by a non-profit making organization for a cultural, educational or other purpose which is in the public interest, he may direct that the fee payable under section 15B(3) of the Ordinance shall be remitted in whole or in part. (L.N. 447 of 1995; 42 of 2021 s. 23)(5) If the Authority is satisfied that a person who views or inspects any physical storage medium for films, packaging or advertising material maintained in the repository under section 29A(1) of the Ordinance does so for the purpose of conducting academic research which is non-profit making, he may direct that the fee payable under section 29A(2) of the Ordinance shall be remitted in whole or in part. (L.N. 447 of 1995; 42 of 2021 s. 23) 13. Repository of films, packaging and advertising material (1) Any physical storage medium for films, packaging or advertising material deposited in the repository maintained under section 29A(1) of the Ordinance shall be kept for a period of 5 years, and thereafter, the storage medium, packaging or advertising material so deposited may be disposed of in such manner as the Authority thinks fit.(2) Subject to the payment of the appropriate fee payable under section 29A(2) of the Ordinance—(a) any distributor, retailer or owner of the copyright of a film;(b) any video shop operator;(c) any person authorized by a person referred to in paragraph (a) or (b);(d) any public officer or person authorized by the Authority; or(e) any cinema operator, or any person authorized by any cinema operator, (L.N. 449 of 1995)is eligible to view the physical storage media for films, packaging or advertising material deposited in the repository.(L.N. 2 of 1994; L.N. 449 of 1995; 42 of 2021 s. 23) 14. Period prescribed under section 9(3), 10(5), 15B(4)(b) or 15K(5) (1) The period prescribed under section 9(3) of the Ordinance for the Authority to issue a certificate of exemption is specified in Part I of Schedule 5.(2) The period prescribed under section 10(5) of the Ordinance for the censor to make his decision under section 10(4) of the Ordinance is specified in Part II of Schedule 5.(3) The period prescribed under section 15B(4)(b) of the Ordinance for the Authority to issue a certificate as regards any packaging constituting the cover of a physical storage medium for films and submitted under section 15B(1) of the Ordinance is specified in Part III of Schedule 5. (42 of 2021 s. 23)(4) The period prescribed under section 15K(5) of the Ordinance for the Authority to approve or refuse to approve any advertising material relating to a film is specified in Part IV of Schedule 5.(L.N. 84 of 1999) Schedule 1 (Repealed L.N. 84 of 1999) Schedule 2 [reg. 3]Classes or Descriptions of Films Suitable to be Exempted under Section 9(1) of the Ordinance 1. Cultural films 2. Educational films 3. Instructional films 4. Promotional films 5. Sports films 6. Travelogues 7. Musical films (L.N. 2 of 1994) 8. Religious films (L.N. 2 of 1994)(E.R. 3 of 2020) Schedule 3 [regs. 5, 11 & 11A](L.N. 465 of 1993) Part I Fees payable in respect of a film dealt with under section 10 of the Ordinance shall be calculated according to the running time of the film, as assessed by the Film Censorship Authority— Item Film type Fee 1. For a still film $22 2. For any film other thana still film $65 per minute of running time or part thereof (L.N. 320 of 1988; L.N. 139 of 1991; L.N. 201 of 1993; L.N. 397 of 1994; L.N. 448 of 1995; L.N. 459 of 1996; L.N. 266 of 2001; L.N. 221 of 2005) Part II Fee payable for a replacement certificate $140 (L.N. 217 of 1992; L.N. 201 of 1993; L.N. 397 of 1994; L.N. 459 of 1996; L.N. 266 of 2001) Part III Fees payable in respect of a film dealt with under section 9 of the Ordinance— Item Film type Fee 1. For a still film $33 2. For any film other thana still film $26 per minute of running time or part thereof (L.N. 465 of 1993; L.N. 397 of 1994; L.N. 448 of 1995; L.N. 459 of 1996; L.N. 266 of 2001) Part IV Fee payable in respect of packaging of a physical storage medium for films dealt with under section 15B of the Ordinance $425 (L.N. 465 of 1993; L.N. 397 of 1994; L.N. 448 of 1995; L.N. 459 of 1996; L.N. 266 of 2001; 42 of 2021 s. 23) Part V Fee payable in respect of viewing or inspection of a physical storage medium for films, packaging or advertising material in the repository under section 29A of the Ordinance $150 for a 2-hour period or part thereof (L.N. 447 of 1995; L.N. 459 of 1996; L.N. 266 of 2001; 42 of 2021 s. 23) Part VI Fee payable in respect of advertising material to be dealt with under section 15K of the Ordinance $140 per item For the purposes of this Part, in the case of film stills, per item (每份) means a set of no more than 10 stills.(L.N. 447 of 1995; L.N. 459 of 1996) Schedule 4 [reg. 6]Symbols Designating the Classifications of Films under Section 12 of the Ordinance Category I—Classification under section 12(1)(a) Category IIA—Classification under section 12(1)(b) for films to be advertised as—“NOT SUITABLE FOR CHILDREN.兒童不宜” Category IIB—Classification under section 12(1)(b) for films to be advertised as—“NOT SUITABLE FOR YOUNGPERSONS AND CHILDREN.青少年及兒童不宜” Category III—Classification under section 12(1)(c) (L.N.449 of 1995) Schedule 5 [reg. 14]Periods Prescribed for the Purposes of the Ordinance Section of the Ordinance Period prescribed Part I 1. 9(3)—The issue, by the Authority, of a certificate of exemption. Not later than 5 working days after a film is submitted to and accepted by the Authority under section 8 of the Ordinance. Part II 2. 10(5)—The making, by the censor, of a decision under section 10(4) of the Ordinance. Not later than 14 days after a film is submitted to and accepted by the Authority under section 8 of the Ordinance or such longer period, but in any case not more than 28 days after the film is so submitted and accepted as the Secretary may allow in any particular case. Part III 3. 15B(4)(b)—The issue, by the Authority, of a certificate as regards any packaging constituting the cover of a physical storage medium for films and submitted under section 15B(1) of the Ordinance. Not later than 4 working days after the submission to the Authority of such packaging under section 15B(1) of the Ordinance. (42 of 2021 s. 23) Part IV 4. 15K(5)—The approval or refusal of approval, by the Authority, of any advertising material relating to a film. Not later than 4 working days after the submission to the Authority of such advertising material under section 15K(1) of the Ordinance. (L.N. 84 of 1999)