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Policing obscenity in Hong Kong

Keywords: obscenity , indecent , Obscene Publication Act , R v Hicklin , Film Censorship Ordinance , Hong Kong , COIAO , Rebecca Ong , Sylvia Kierkegaard , Three Weekly case

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Abstract:

The term 'obscenity' has no universal definition. It is often ill -defined, subjective and highly dependent on the culture of the communities in question and between communities. Nevertheless, the aim of the law on obscenity is to prevent publication and distribution of materials, which are potentially harmful to its readers, viewers and audience. The purpose of this paper is three fold. Firstly, it briefly considers the law on obscenity in the United Kingdom, and in the United States. Secondly, the paper discusses and evaluates the law relating to obscenity in Hong Kong in the light of the recent publication and distribution of materials which could be argued to fall within the realm of obscenity. Finally, it considers whether the law on obscenity would ever be able to fit into an “acceptable community standard”.

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