The Government plans to consult the public later this year on ways to amend the Control of Obscene & Indecent Articles Ordinance, including the development of criteria for assessing the content of an article and the assessment system itself.

Secretary for Commerce & Economic Development Frederick Ma today told lawmakers enforcement of the ordinance rests with the Television & Entertainment Licensing Authority (TELA), Police and the Customs & Excise Department.

In the past three years the departments instituted 1,876 prosecutions securing 1,829 convictions. Of these, 1,198 prosecutions and 1,178 convictions involved possession of obscene or indecent articles for publication.

Given the vast volume and transient nature of Internet-based information, TELA and Police adopt a complaint-driven approach in dealing with obscene and indecent online content. In the past three years the departments instituted five prosecutions against publication of obscene or indecent articles over the Internet and all were convicted.

Taking action

Mr Ma said all agencies will take enforcement action in a lawful, conscious and fair manner.

"Upon receipt of a report or complaint, Police will make a preliminary assessment and collect further information as necessary before deciding whether and how the case should be followed up. In light of evidence obtained in the investigation and, if necessary, legal advice sought from the Department of Justice, it will then decide whether prosecution should be instituted.

"All prosecutions initiated by Police will be based on sufficient evidence to support the charge. It will also be ensured the prosecution is in compliance with the statutory requirements and procedures, and is administered in accordance with the principle of equality before the law."