Electricity Inspection Ordinance｜The Chief Secretary for Administration may revoke the issuance permission and the actual implementation has many unsolved doubts

The government gazetted the revised draft of the "Film Censorship Ordinance" on Friday (27th), introducing and implementing the provisions of the "Minato National Security Act", which expressly stipulates whether films will be "detrimental to national security" before they are released.

One of the new proposals is to empower the Chief Secretary for Administration to revoke the issued film approval certificate, and there is no prescribed retrospective period. The film cannot be released on the market. However, there is no relevant actual implementation and "banning" means. Detailed explanations have aroused public concern and worries about whether they will fall into the law by mistake in different situations.

"Hong Kong 01" sorts out the current laws and draft proposals, and summarizes a number of unsolved questions.

Further reading: Electricity Inspection Regulations | After the amendments are involved in adverse national security bans, there will be no appeal, inspectors and search without warrant

The government proposes that if the Chief Secretary for Administration thinks that the film is "not conducive to national security", he can instruct the supervisor to revoke the certificate of the film in writing.

The provisions of the draft stipulate that "it does not matter whether the film is scheduled to be screened, is currently being screened, or has been screened." After a long period of time, they exercise the power to judge that individual films cannot be released, and the movie discs cannot be released on the market.

The government’s amendment to the electrical inspection regulations must consider whether it affects the Chief Secretary for National Security may instruct the ban on screenings

At the industry level, how to define a film as "not conducive to national security", the media has cited many examples, such as the relatively long-released "Domestic Zero Zero Paint" and "Cousin, how are you!"

"Will there be a chance to face the ban on broadcasting, and whether some topics related to the assassination of officials and China’s bad habits can no longer be reproduced? The authorities have repeatedly pointed out that "there is no specific list in mind" and only emphasized that the relevant practice is to provide clear guidelines for the industry. "Falling to the French Net by mistake", movies cannot be an "exception" under the National Security Law.

The industry and scholars are concerned about what type of themes or plots will hit the rocks, and whether they will follow the boundaries of the mainland. For example, the award-winning Hong Kong-produced film "The Tree Gets the Wind" and the Korean film "The Driver Against Power", which have been released and circulated in Hong Kong in the past, have failed to pass the mainland Approval is banned, will the pace be the same in the future?

At the public level, when will it be known that some released films have been redefined as "banned films." The authorities only refer to the rating changes and revocation certificates, which will be publicly explained to prevent the public from continuing to show them.

Review the definition of "screening" in the existing regulations, which means screening in three types of venues, including the "public entertainment venues" referred to in Chapter 172 of the "Public Entertainment Places Ordinance"; second, the "Interpretation and General Provisions Ordinance" referred to in the "Public Entertainment Places" "Public streets, public piers or parks", "theaters", "other public resting places", etc.; and 3. No matter whether it is a corporate organization or not, "a place that can be entered as a member of any club, society, company, partnership or group ".

"PolyU Besieged City" broadcast by the Workers Union, the Communications Bureau suddenly came to the Investigation Report Association to cancel the membership screening, Gao Xian Cinema canceled the screening of the documentary "PolyU Besieged City", claiming to avoid unnecessary misunderstandings. The screening of "Hong Kong Short Film Marathon" was cancelled. Approved for screening of the yellow and blue theme short film "The House" without the "Certificate of Approval". Five screenings of "PolyU Besieged City" have been cancelled.

Lawyer Leung Wing Keng said that in general, the definition of public places mainly refers to the Public Order Ordinance. In addition to the nature of the premises, the definition will also depend on the purpose of the premises and the purpose of gathering. For example, school halls and classrooms are teaching spaces and are "private places". However, if it is lent to hold public events, regardless of whether it is charged or not, it may be regarded as a "public place".

Then, after a film that has already been released and released has its certificate revoked, is it "released" if it is shown in university classrooms or seminars?

Will videos be stored in the cloud or watched in a "private place" at home, will they attract inspections?

As for the definition of "release", according to the current regulations, any person distributes, transfers, sells, rents, gives or lends a "video tape or laser disc" to the public or part of the public; or "in a non-screening method" "The release or broadcast, screening or exhibition of a video tape or laser disc to the public, or when the public is present, whether for profit or not, is a "distribution of a video tape or laser disc."

The draft proposes to expand the definition of "video tape or laser disc" and amend it to "video physical storage media" to cover external memory and other portable storage media (such as USB fingers).

However, the government still has a number of issues that have not been able to explain:

If the certificate of revocation of a film that has been screened in the past belongs to the library collection and is used for academic purposes, has it fallen into the definition of "published" in the Ordinance?

If someone uploads the video content of the revoked certificate to social media or streaming platforms, it is not a "video physical storage medium", "video tape or laser disc", will it be regarded as "publishing"?

Are paid streaming video platform services, such as playing on Netflix and Youtube, subject to the same regulations?

"Hong Kong 01" is inquiring with the Bureau of Commerce and Economic Development.

Telegraphic Inspection Regulations | Tian Qiwen worry about investors being discouraged by filmmakers' question mark on the "unfavorable" Guoan interpretation. Telegraphic Inspection Regulations｜Tian Qiwen sighs at walking and Zhou Guanwei worry about documentary investors' loss of confidence and will not be screened any day? ｜The first broadcast of the documentary Cannes directed by Zhou Guanwei is difficult to be pictured in Hong Kong: The filmmakers are sorrowful and banned for a day? ｜The director of "One Zhongying Street" Zhao Chongji immigrated from Hong Kong: Is there even no room for implicit screenings? ｜The film introduces political censorship and the red line is not clear. Former senior official of Hong Kong and Britain: Is it going back to ban screenings? ｜Scholar of non-new things in the restricted area of ​​film politics: Hong Kong films have vitality without being pessimistic