Film Censorship Law Change Proposed

(To watch the full press briefing with sign language interpretation, click here.)

The Government will propose amendments to the Film Censorship Ordinance to set out explicitly that a censor should consider whether the exhibition of a film would be contrary to the interests of national security.

Briefing the media on the film censorship regulatory framework this afternoon, Secretary for Commerce & Economic Development Edward Yau said the Chief Executive-in-council today approved the introduction of the Film Censorship (Amendment) Bill 2021 into the Legislative Council.

He said the move ensures a more effective fulfilment of the duty to safeguard national security as required by the National Security Law (NSL), as well as preventing and suppressing acts or activities that may endanger national security.

Mr Yau also noted that the legislative proposals will provide clear statutory backing for a censor to give due consideration to national security when making film decisions.

“The legislative amendment does not change the film censorship system. It is still basically for films for public viewing (and) for exhibitions. They will still be subject to the same set of system where (film producers) will send in a copy for consideration of the categorisation, grading and (whether) there is any condition to be imposed.

“So the main reference of course is the NSL and also we have to go into more detail in covering, for instance, acts or activities which may endorse, support, promote, glorify, encourage and incite such activities that may endanger national security.”

The legislative proposals will also empower the Chief Secretary to direct the Film Censorship Authority to revoke certificates of approval or certificates of exemption previously issued for films if their exhibition would be contrary to the interests of national security.

“Given the new law enacted and the sort of new guidelines issued, there might be chances that we need to reconsider such cases and we need such legal power to cater for such circumstances.”

Under the proposed changes, the Secretary for Commerce & Economic Development may grant an extension of time for a period of no more than 28 days each time for a censor to make a decision where the authority is of the opinion that the exhibition of the film might be contrary to the interests of national security.

Mr Yau said this will allow sufficient time for the censor to deal with cases that may involve national security considerations and to seek legal advice.

The amendment also includes disapplying the relevant sections that empower the Board of Review to consider review requests of the authority or a censor's decisions, for decisions made on national security grounds.

The Government has also proposed to impose heavier penalties for exhibiting films that are not exempted or approved, raising the maximum penalty to imprisonment for three years and a fine of $1 million.

The bill will be gazetted on August 27 and introduced into LegCo on September 1 for the first and second readings.