The Standard
Court quashes university sex articles ruling
Nickkita Lau
Wednesday, October 22, 2008
The High Court has quashed an indecency ruling by the Obscene Articles Tribunal against the Chinese University publication Student Press and Ming Pao newspaper.
But the university said the ruling did not justify the content of the articles - students' views on sex, including bestiality and incest - printed in February and March last year, because the indecent classification was only overturned due to a procedural flaw.
A spokeswoman would not say if the university would retract letters sent to editorial staff last year advising them to "avoid upsetting the public."
The university said last night it respects the freedom of speech of students and faculty members, but editorial staff should be aware of moral standards and conduct themselves with dignity and self-discipline.
But former Student Press chief editor Tsang Chiu-wai demanded the university apologize for its criticism of students after the tribunal issued interim classifications that the February and March 2007 issues were indecent.
High Court Judge Johnson Lam Man-hon quashed the indecency rulings, saying the tribunal had failed to give a proper identification of the indecent parts in the publications. The articles also contained photos and illustrations.
The tribunal also ruled part of a Ming Pao supplement published on May 13, 2007, with articles relating to the university controversy to be indecent.
The publications contained more than one article. Lam said the Obscene Articles Ordinance provides for classification of an article - not a publication.
"A submission in respect of several articles is not a proper submission," Lam said. "The tribunal also functions as the protector of public interest in the preservation of public morals and the prevention of dissemination of indecent materials to juveniles, and dissemination of obscene materials in general.
"There is no room for arbitrariness or slackness."
He suggested the administration consider whether more resources should be deployed to maintain the proper and efficient functioning of the tribunal.
Ming Pao welcomed the judgment. Chief editor Cheung Kin-por urged the tribunal to clearly identify indecent contents and give reasons when making rulings because the media act according to these judgments.
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