1.

What are the criteria for granting an Amusement Game Centres Licence (AGCL)?

Under the Amusement Game Centres Ordinance (AGCO), which is to regulate the amusement game centres, an AGCL will not normally be granted unless the Commissioner for Television and Entertainment Licensing (C for T&EL) is satisfied that -

(a)	the person applying for a licence is an individual person who has attained the age of 18 years; is a fit and proper person to operate an amusement game centre; will adequately and personally supervise the operation of the amusement game centre and is not the agent, representative or servant of any person whose AGCL has been revoked or whose application to renew an AGCL has been refused; and
(b)	the place of proposed operation is suitable for the operation of an amusement game centre and located in an area suitable for the operation of an amusement game centre.

2.

Can a body corporate or a partnership hold an AGCL?

Any person applying for an AGCL has to be an individual who meets the requirements under section 5(4)(a) of AGCO. Where a body corporate or a partnership wishes to obtain a licence, a person authorized in that behalf shall apply as the agent or representative of the body corporate or the partnership.

3.

What is a Trade Promotion Competition Licence (TPCL)?

A Trade Promotion Competition, as defined under the Gambling Ordinance which is to regulate gambling activities, is a competition or scheme conducted for the purpose of promoting a trade/business/sale of any product by way of a game which distributes or allots prizes by lot/chance. Typical examples are lucky draws organized by department stores and restaurants to promote sales and business. Anyone who wishes to conduct a trade promotion competition in Hong Kong has to apply for a licence from the C for T&EL.

4.

How many TPCLs are required for an organization to conduct daily draws for an event covering a period, say a whole month?

The number of TPCLs required depends on the relationship between the daily draws. If there is no connection between them, i.e., the pool of those who are not selected for daily prizes in day 1 is not to be carried forward to the pool of day 2, the daily draws are regarded as separate and independent trade promotion competitions, one TPCL is required for each daily draw. If the daily draws are to be conducted on a cumulative basis, i.e., those who are not selected for daily prizes in the pool of day 1 will be brought forward to the pool of day 2, or, those participants who have not won daily prizes during the month will be pooled together for a grand draw, only one TPCL is required to cover the whole event.

5.

If an organization employs part-time workers to help sell lottery tickets in public streets, will their salaries be counted as part of the "expenses" of the lottery activity as stated in the Application Form?

"Expenses" only refer to the basic administrative costs incurred in the conduct of a lottery, e.g., the cost of printing lottery tickets and publishing the draw results in newspapers. Salaries of part-time workers do not fall into this category.

6.

Under what circumstances will an Amusement With Prizes Licence (AWPL) be required?

Any person who wants to organize or conduct a game of amusement with prizes at premises licensed under the Places of Public Entertainment Ordinance, which is to regulate places of public entertainment, has to apply for a licence from the C for T&EL. Functions such as funfair, bazaar, grand fete usually require an AWPL.

1.

What kinds of periodicals are required to be registered?

All local periodicals which meet the following criteria are required to be registered under the Registration of Local Newspapers Ordinance -

(a)	contain news, intelligence, occurrences or any remarks, observations or comments in relation to such news, intelligence, or occurrences or to any other matter of public interest;
(b)	printed or produced for sale or free distribution and published either periodically or in parts or numbers at intervals not exceeding 6 months; and
(c)	do not comprise exclusively any item or items specified in the Schedule of the Ordinance, eg., academic journals, sales catalogues, etc.

2.

What is the fee for registration of a newspaper/magazine?

The registration fee is $905. An annual fee of $680 shall be payable for each subsequent year upon renewal of registration.

3.

Are books required to be registered?

Books are required to be registered under the Books Registration Ordinance. The registration is handled by the Books Registration Office of the Leisure and Cultural Services Department (tel no: 2180 9145).

1.

Are newspapers, magazines and VCDs required to be submitted to the Government for prior examination before being sold in the market?

2.

Is there any difference in legal requirement for publishing articles on the Internet and on other paper-based publications?

No. Both are subject to the provisions of the Control of Obscene and Indecent Articles Ordinance (COIAO) which is mainly to control articles which consist of or contain material that is obscene or indecent. Materials likely to be classifiable as Class II (indecent) under COIAO should be preceded by an entry page on the Internet carrying the required statutory warning. Materials likely to be classifiable as Class III (obscene) under COIAO should be prohibited from publication.

1.

The classification system indicates the suitability of films for different age groups. Is it mandatory or advisory in nature?

Category I, Category IIA and Category IIB are advisory in nature, but the age restriction (18 or above) for Category III films will be legally enforced. It is an offence to exhibit a Category III film or publish a Category III videotape or laserdisc to a person under the age of 18. Cinema owners are required to take reasonable precautions to prevent admitting minors into cinemas showing Category III films.

2.

Do film trailers need to be examined before public exhibition?

Each trailer for a film intended for public exhibition should be submitted to the Authority for examination. The Authority may exempt a film trailer from classification taking into account the suitability of the film trailer for exhibition. The Authority may, if needed, impose conditions on the film trailer such as restricting it to be shown together with a certain category of films.

3.

What are the classification standards for language used in a film?

Expressions or expletives with sexual connotations, or expressions normally specifically used in the context of certain criminal groups in Hong Kong, will not be permitted in Category I films. For Category IIA films, mild expletives with sexual connotations or coarse language may be used by only infrequently and are justified in context. In deciding between Category IIB and III, the degree of offensiveness of any such language will be considered. In general, the local public considered offensive language in foreign films more tolerable than in local films.

4.

Is the depiction of nudity only allowed in Category III films?

The depiction of nudity is an established art form. However, the showing of full-length frontal nudity in a film that can be watched by children is in general not tolerated by local audience. Therefore, such depiction will normally not be permitted in a Category I film. The depiction of nudity in Category IIA films should be carried out with tact and discretion. Nudity in sexually suggestive manner will not be permitted in Category IIA films. In considering passing films depicting nudity for Category IIB or III showing, the degree of the possible erotic effect of the depiction will be considered.

5.

Are standards for television programmes similar to film classification standards?

Television and film are different media. Hence, different regulatory systems are applied. For film classification, there are three categories: Category I (Suitable for All Ages); Category IIA (Not Suitable for Children); Category IIB (Not Suitable for Young Persons and Children) and Category III (Persons Aged 18 and Above Only). For television programmes, there are two classifications, i.e. "PG" - Parental Guidance; and "M" - Mature programmes. These programmes can only be scheduled outside family viewing hours (4:00 p.m. to 8:30 p.m.).

1.

What licences and permits are required to produce special effects for films, television programmes and theatrical performances?

A discharge permit is required for using special effects materials to produce one or a series of acts of discharge at a specified location for a period not exceeding 24 hours. In addition, the operator responsible for the discharge shall hold a valid special effects operator licence with the relevant scope of operation.

2.

What are special effects materials?

Special effects materials (SEM) are materials that may be used to produce special effects for entertainment programmes. SEM are classified as pyrotechnic special effects materials (PSEM) or non-pyrotechnic special effects materials (non-PSEM). PSEM are of explosives and pyrotechnic materials in nature. Non-PSEM are dangerous goods without explosive contents. Typical examples of non-PSEM include LPG, naphthalene and gasoline. Please refer to the Schedule of the Entertainment Special Effects Materials List Regulation for details.

3.

Under what circumstances may a discharge permit be exempted?

A discharge permit is not required if only a limited quantity of non-pyrotechnic special effects materials (non-PSEM) is used. However, the use of liquefied petroleum gas (LPG) will always require a discharge permit regardless of quantity. The exempted quantity for each type of non-PSEM is specified in the Dangerous Goods Ordinance. Nevertheless, for safety reasons, it is advisable to employ suitably qualified special effects operators for the discharge as these operators are obliged to comply with the Codes of Practice issued by the Authority.

4.

What is the difference between Stream A and Stream B discharge permits?

Discharge permits are classified as Stream A or Stream B according to the types of entertainment programme. In general, films, commercials, television episodes are classified as Stream A whereas dramatic and musical works and theatrical performances are classified as Stream B. When classifying a discharge permit, the Authority may have regard to the followings:

-	the presence of an audience and its proximity to the special effects
-	the types of special effects materials to be used
-	the firing venue
-	the special effects scenes including actions of performers and stunt persons, and their interactions.

5.

Does the discharge permit issued by TELA cover fireworks displays?

No, fireworks displays are regulated under the Dangerous Goods Ordinance under the jurisdiction of the Secretary for Home Affairs for discharge on land or the Director of Marine for discharge at sea.

6.

How are storage and conveyance of PSEM regulated?

Storage of any quantity of PSEM requires a store licence. Conveyance of PSEM requires a conveyance permit. However, a conveyance permit is not required for small quantity of PSEM conveyed in accordance with a discharge permit.

7.

How are storage and conveyance of non-PSEM regulated?

Storage and conveyance of LPG are regulated under the Gas Safety Ordinance by the Gas Authority. There is no licensing requirement if the water capacity of the LPG involved is less than 130 litres. Storage and conveyance of other non-PSEM are regulated under the Dangerous Goods Ordinance by the Fire Services Department. There is no licensing requirement if the quantities involved are less than the exempted quantities stipulated in the Dangerous Good (General) Regulations.

8.

What can I do if the shooting of special effects is postponed after a discharge permit has been issued? Can I apply for refund of the permit fee?

Fees paid are not refundable. However, the holder of the discharge permit may, prior to the expiration of the permit, apply in writing or by fax to the Authority for alteration to the validity period. If approved, an alteration fee is payable.

9.

How to apply for a licence or a permit under the Entertainment Special Effects Ordinance?

The licensing system under the Entertainment Special Effects Ordinance is administered by the Special Effects Licensing Section of the Film Services Office. Their contact telephone number is (852) 2594 5756. Application forms and guidelines are also available at the website <www.tela-esela.gov.hk>.

1.

Do I need to apply for an employment visa in order to shoot in Hong Kong?

Overseas film crews who are non-visa nationals visiting Hong Kong for location scouting or meetings, etc, for a limited time within their visa or permit-free period, may not require a visa or permit to enter Hong Kong.

Whether employment visas are required depends mainly on the nature of activities in Hong Kong. It is best to check with the Immigration Department before coming to Hong Kong since each case is considered on individual basis. In case an employment visa is required, each member of a filming crew should apply for an individual visa, though applications may be submitted in a batch.

Visa/entry permit applications should be submitted to the Immigration Department by post or through a local sponsor. It may also be submitted through the Chinese Embassy or Consulate. Relevant supporting documents such as contract or letter of employment are required. A local sponsor, usually the prospective employer, will be required to vouch for an applicant. The usual processing time is 4 to 6 weeks. For further information, please visit the Immigration Department's website at <www.immd.gov.hk/index.html>.

2.

What should I do if I want to shoot in the Mainland of China?

Most people require a visa to visit the Mainland of China. Other conditions are likely to apply if you are entering the Mainland for filming purposes. It is best to check with the Chinese Embassy or Consulate in your country before departure. For addresses of the Chinese Embassies in the US and the UK, visit <www.china-embassy.org> and <www.chinese-embassy.org.uk> respectively.

Apart from applying directly to the Chinese Consulates, application for single or multiple-entry visas to the Mainland can also be submitted through travel agencies, or through the China Travel Service, which has several branch offices in Hong Kong.

3.

What customs procedure will the crew go through when I enter Hong Kong?

Film crews entering Hong Kong are not subject to any special customs requirements, such as duties on the importation of equipment. However, if the equipment is covered by ATA Carnet, film crews should approach the Customs Duty Officer for endorsement upon arriving Hong Kong and prior to departure. Baggage and equipment are subject to normal customs checking. The website of the Customs and Excise Department is at <www.customs.gov.hk> and its enquiry e-mail address is <customsenquiry@customs.gov.hk>.

1.

Do I have to apply for a filming permit in order to shoot in Hong Kong?

No, a general-purpose filming permit is not required.

2.

Do I have to apply for a permit to shoot in public places?

While location filming in public places does not require a general-purpose filming permit, permission from the respective government departments is needed for filming on government land and premises, and within Hong Kong waters. They include country parks, marine parks, public housing estates, reservoirs, and venues or facilities operated by the Leisure and Cultural Services Department, e.g. Tsim Sha Tsui East Waterfront Promenade, Hong Kong Cultural Centre, parks, gardens, swimming pools, bathing beaches, public sporting facilities, etc.

It is highly advisable for you to inform the TV and Films Liaison Section of the Hong Kong Police by telephone at (852) 2860 6186, or by fax at (852) 2200 4303, of your intention to shoot in public places. You should provide information on the place, date, time of shooting and a brief description of the plot. The information will be passed on to the police station concerned for appropriate arrangements.

3.

I wish to use modified firearms and blank ammunition for filming purpose. Do I need to apply for a permit?

Yes, you must apply to the Commissioner of Police for an Exemption Permit. In addition, the transit of these firearms to a filming location must be covered by a Limited Licence for Possession issued by the Commissioner. Applications for the said Permit or Licence should be made to the Police Licensing Office, at a prescribed fee, at least 10 working days in advance. The telephone no. of the Police Licensing Office is (852) 2860 6536, and its fax no. is (852) 2200 4323.

Furthermore, the holder of an Exemption Permit should apply in writing to the Police Public Relations Branch for the specific use of modified firearms and blank ammunition. The application should be submitted at least 3 working days prior to the intended date of shooting. It should include a written consent issued by the owner of the property where the shooting is going to take place.

4.

Where can I find local production people and equipment to help me with the shooting?

You may refer to the production directory on the website <www.fso-tela.gov.hk/dir> . It provides a comprehensive list of contacts relating to Hong Kong film and video production companies.

5.

I have so many questions. I need someone to talk to. Who should I approach?

The Facilitation Services Section of the Film Services Office is a one-stop shop for crews filming in Hong Kong. It gives suggestions on filming locations, assist in location scouting, liaison and applications for permits/locations and problem shooting. Its website is <www.fso-tela.gov.hk> and its contact telephone number is (852) 2594 5758.

1.

Does the government pre-censor any programmes or advertisements broadcast on television?

A statutory body known as the Broadcasting Authority (BA) is established to regulate broadcasters in Hong Kong. The BA does not pre-censor any material prior to broadcast. It regulates television and radio programme services mainly through the broadcast licences and codes of practice and is empowered by the law to impose a range of penalties for failure to comply with them.

2

What is the relationship between the Broadcasting Authority (BA) and TELA?

The BA is a statutory body established under the Broadcasting Authority Ordinance (Cap. 391). The BA is supported by TELA and discharges its executive functions through the Commissioner of TELA who is the BA's Principal Executive Officer. The Broadcasting Division of TELA serves as the BA's Secretariat.

3.

Is there any restriction on the broadcast of liquor advertisements on radio and television?

For radio services, advertisements of alcoholic beverages should not be broadcast between the hours of 4:00 p.m. and 8:30 p.m. Such advertisements should not be broadcast in proximity to children's programmes or programmes targeted at young persons under the age of 18.

For television programme services, advertisements of alcoholic beverages should not be broadcast in proximity to children's programmes or programmes targeted at young persons under the age of 18. For domestic free television programme services, they may not be broadcast between the hours of 4:00 p.m. and 8:30 p.m.

Please refer to the Radio Code of Practice on Advertising Standards and the Generic Code of Practice on Advertising Standards for details of restrictions on the broadcast of such advertisements on radio and television respectively.

4.

How is radio and television regulated?

No person may broadcast without a licence in Hong Kong. Radio and television licensees have to comply with the relevant legislation - the Broadcasting Ordinance (Cap.562), the Telecommunications Ordinance (Cap.106) or the Broadcasting Authority Ordinance (Cap.391), as the case may be, and the related subsidiary legislation. They must also observe the terms and conditions of their licences. In addition, they are subject to codes of practice issued by the BA.

These codes set out clear standards relating to programme, advertising and technical standards applicable to the licensees. These codes are reviewed regularly in consultation with the licensees to take account of changing community attitudes and standards.

The programme codes set out the standards to be observed generally in programmes. The codes cover such matters as taste and decency; the portrayal of sex and violence, use of language; programme information; impartiality and fairness; and protection of children.

The advertising codes deal with standards for the presentation and content of advertisements and sponsored programmes. Advertising should be legal, clean, honest and truthful. All sponsor involvement must be declared so that the viewer/listener knows who is funding the programme.

The technical codes specify standards of technical quality and performance for compliance by a licensee. The Office of Telecommunications Authority provides advice on technical standards.

These codes of practice can be downloaded from the Broadcasting Authority website at http://www.hkba.hk.

5.

How are the codes of practice drawn up?

The codes of practice are drafted by TELA which is the executive arm of the BA. The licensees affected by the draft code would be consulted and their views together with the draft codes would be forwarded to the BA Codes of Practice Committee for discussion. After thorough consideration, the Committee would submit its recommendations on the draft codes to the BA for approval. The same process applies to revision of codes of practice. The codes of practice are reviewed and revised from time to time to reflect changing community attitudes and standards and new broadcasting development.

6.

How does the BA ensure that its codes of practice are in line with the community attitudes and standards?

The BA is kept abreast of the community attitudes and standards through various means such as broadcasting surveys, public hearings and complaint handling. It also administers a consultative scheme, i.e. the Television and Radio Consultative Scheme, to gather public opinions on broadcasting standards. Members of the scheme are invited to participate in focus group meetings for in-depth discussions on issues related to broadcasting. The opinions gathered will facilitate the work of the Broadcasting Authority on the application and review of the broadcasting standards.

7.

Who needs a broadcasting licence?

Under section 5(1) of the Broadcasting Ordinance, Cap 562, a person shall not provide a broadcasting service except under and in accordance with a licence.

8.

What is a broadcasting service?

A broadcasting service means a domestic free television programme service; a domestic pay television programme service; a non-domestic television programme service; or an other licensable television programme service.

There are two types of other licensable television programme service licences. Type A is for the provision of a television programme service which is intended or available for an audience of not more than 5,000 specified premises or single housing estates. Type B is for hotel rooms. Both types of services could be either provided free of charge or on payment of a subscription in Hong Kong.

The definitions of the different categories of television programme services could be found under section 2(1) of the Broadcasting Ordinance.

9.

Who is the authority for the granting of a broadcasting licence?

The Chief Executive in Council is the authority for the granting of licences for domestic free and domestic pay television programme licences, and the Broadcasting Authority is the authority for the granting of licences for non-domestic and other licensable television programme services.

10.

How can one apply for a broadcasting licence?

Applicants for any category of television programme service licences can submit their applications to the Broadcasting Authority in the specified form. For applications for a domestic free television programme service licence or a domestic pay television programme service licence, the Broadcasting Authority shall consider the applications and make recommendations thereon to the Chief Executive in Council. For applications for non-domestic and other licensable television programme service licences, the Broadcasting Authority shall consider the applications and decide on the granting of the licences.

The Broadcasting Authority has published two sets of guidance notes outlining the regulatory framework, the basic requirements and procedures for those interested in applying for a non-domestic or other licensable television programme service licences (Hotel) in Hong Kong. The guidance notes and the specified application forms as well as the samples of the standard licences are available for downloading at the Broadcasting Authority's website at http://www.hkba.hk.

The Television and Entertainment Licensing Authority is the secretariat of the Broadcasting Authority. All enquiries relating to applications for television programme service licences can be made in writing to the Broadcasting Division of the Television and Entertainment Licensing Authority at 39/F Revenue Tower, Gloucester Road, Wanchai, Hong Kong or by:

Facsimile :	(852) 2507 2219	(general)
	(852) 2598 5509	(confidential)
E-mail address :	ba@tela.gov.hk
or by phone to :	(852) 2594 5802

11.

How does a member of the public lodge a complaint to the Broadcasting Authority ("BA")?

A complaint can be lodged by

(a)	Writing to the BA c/o Television and Entertainment Licensing Authority, 39th Floor, Revenue Tower, 5 Gloucester Road, Wan Chai, Hong Kong;
(b)	fax (2507 2219);
(c)	Use the email complaint form available at the BA’s website; or email to ba@tela.gov.hk;
(d)	Calling the BA 24-hour Complaints Hotline at 2827 8488.

12.

What kind of information should be given when lodging a complaint?

It is essential that a complainant provides sufficient information about the broadcast material under concern, including the name of the programme/advertisement/promo, broadcast channel, date and time of the broadcast, a brief description of the relevant contents, allegation(s), etc. to enable us to carry out investigation.

13.

How will a complaint be handled?

Upon receipt of a complaint, the Television and Entertainment Licensing Authority, which is the executive arm of the Broadcasting Authority ("BA"), will carefully investigate it to establish the facts and examine whether there are any possible breaches of the provisions in the relevant ordinances, broadcasting licences or codes of practice. If there is prima facie evidence of a breach, the complaint will be referred to the Broadcasting Authority Complaints Committee which will make recommendation concerning the complaint to the BA. For details of the BA's complaints handling procedures, please click here.

14.

What action will be taken against the broadcaster concerned if a complaint is considered as substantiated by the Broadcasting Authority ("BA")?

The BA may impose appropriate sanction according to the seriousness of the case, including advice, warning, financial penalty, etc. In some instances where the breaches are minor, the Commissioner for Television and Entertainment Licensing, acting under the BA's delegated authority, may deal with these cases and advise the broadcasters accordingly.

15.

What action will be taken on cases which are unsubstantiated?

All such complaints will be referred to the broadcasters concerned for their reference.

16.

How long will it take a member of the public to have a decision on his/her complaint about broadcasting matters?

The Television and Entertainment Licensing Authority has publicized performance pledge in respect of the processing of public complaints about broadcasting matters. Details can be found at http://www.tela.gov.hk/english/about2.htm#4

17.

Is there any appeal channel if a complainant is not satisfied with the decision of the Commissioner for Television and Entertainment Licensing on his complaint?

The complainant can lodge an appeal to the Broadcasting Authority ("BA") and his appeal will be referred to the Complaints Committee of the BA which will make recommendation to the BA. The BA, having regard to the recommendation of the Complaints Committee and any other relevant considerations, will make a decision on the appeal.

1.

What articles are subject to regulation by the Control of Obscene and Indecent Articles Ordinance ("COIAO")?

All articles within the definition of the COIAO are subject to regulation by the COIAO. Under the COIAO, an "article" means "any thing consisting of or containing material to be read or looked at or both read and looked at, any sound recording, and any film, video-tape, disc or other record of a picture or pictures."

2.

Does the COIAO apply to articles on the Internet?

The COIAO applies to articles published in Hong Kong as a whole, including those published on the Internet.

3.

What are the definitions of "obscenity" and "indecency"?

According to Section 2(2) and 2(3) of the COIAO, "a thing is obscene if by reason of obscenity it is not suitable to be published to any person; and a thing is indecent if by reason of indecency it is not suitable to be published to a juvenile"; and "obscenity" and "indecency" include "violence, depravity and repulsiveness".

4.

What is the definition of "publish"?

According to Section 2(4) of the COIAO, a person publishes an article if he, whether or not for gain -

1. distributes, circulates, sells, hires, gives or lends the article to the public or a section of the public;
2. in the case of an article consisting of or containing material to be looked at, or that is a sound recording or a film, video-tape, disc or other record of a picture or pictures, shows, plays or projects that article to or for the public or a section of the public.

5.

Who is responsible for classifying articles and what are the classifications?

Articles are classified by the Obscene Articles Tribunal ("OAT") established under the COIAO. Articles can be classified as Class I (neither obscene nor indecent); Class II (indecent); or Class III (obscene). For details, please refer to the website: http://www.judiciary.gov.hk/en/crt_services/pphlt/html/oat.htm

6.

What criteria does the OAT adopt in making the classification of articles?

According to the COIAO, in determining whether an article is obscene or indecent, the OAT shall have regard to:

• standards of morality, decency and propriety that are generally accepted by reasonable members of the community, and in relation thereto may, in the case of an article, have regard to any decision of a censor under section 10 of the Film Censorship Ordinance (Cap. 392) in respect of a film within the meaning of section 2(1) of that Ordinance;
• the dominant effect of an article or of matter as a whole;
• in the case of an article, the persons or class of persons, or age groups of persons, to or amongst whom the article is, or is intended or is likely to be, published;
• in the case of matter publicly displayed, the location where the matter is or is to be publicly displayed and the persons or class of persons, or age groups of persons likely to view such matter; and
• whether the article or matter has an honest purpose or whether its content is merely camouflage designed to render acceptable any part of it.

7.

What are the restrictions on the publication of indecent articles under the COIAO? What are the penalties?

The following restrictions and penalties are stipulated in the COIAO:

• the COIAO stipulates that an indecent article must be sealed in a wrapper with a statutory warning notice displayed on both the front and back covers. If either the front cover or the back cover of the article is indecent, it must be sealed in an opaque wrapper. No indecent article shall be published to a person under the age of 18 years.
• the name, the full address of place of business and the telephone number of the publisher shall be clearly and conspicuously printed.
• whether or not the publisher knows that the article is an indecent article, if he is found guilty of publishing an indecent article, he is liable to a maximum penalty of a fine of $400,000 and to imprisonment for 12 months on his first conviction, and a fine of $800,000 and to imprisonment for 12 months on a second or subsequent conviction.

8.

What are the restrictions on the publication of obscene articles under the COIAO? What are the penalties?

The COIAO stipulates that no one shall publish, possess for the purpose of publication or import for the purpose of publication any obscene article, and whether or not the publisher knows that the article is an obscene article, if he is found guilty of publishing an obscene article, he is liable to a maximum penalty of a fine of $1,000,000 and to imprisonment for 3 years.