Tsang Chiu-wai, former chief editor of the Chinese University of Hong Kong's student press, reads the May edition of the student press after the High Court ruled in favor of them yesterday. China Daily

The High Court yesterday quashed an interim indecency classification made in May by the Obscene Articles Tribunal on two editions of a Chinese University student publication and one edition of Ming Pao Daily.

Justice Johnson Lam Man-hon of the Court of First Instance said in his written judgment that the tribunal has failed to satisfy the substantive legal requirements under the Control of Obscene and Indecent Articles Ordinance, and adopted a lax approach in the classification.

The February and March 2007 editions of the Student Press raised controversy in the community for containing articles dealing with bestiality and incest in a newly-launched sex column.

The tribunal classified the journals as indecent materials, meaning offenders distributing it to persons below 18 will face a maximum penalty of one-year imprisonment and a HK$400,000 fine.

The May 13, 2007 edition of Ming Pao Daily, which had reproduced some of the controversial content, was also classified as indecent.

The newspaper and Tong Sai-ho, chief editor of the concerned editions of the student press, applied for a judicial review to quash the classification.

In the judgment, Justice Lam said the tribunal failed to follow the guildlines of the Obscene and Indecent Articles Ordinance.

He added that the tribunal's decisions have sufficient defects and it failed to explain which aspects of the sex articles were indecent.

The tribunal's only attempt to "identify" the indecent parts was by referring to them as "pictures and text".

"Such a general reference means nothing," Justice Lam said.

The failure to distinguish and identify the indecent parts of the articles that lead to the classification has "cast doubt" on whether the tribunal had acted in accordance with the ordinance.

He said he understood the resources of the tribunal were limited and suggested the administration give more resources to the tribunal to maintain its proper and efficient functioning.

Ming Pao chief editor Cheung Kin-bor applauded the court ruling, saying it helps ensuring freedom of speech.

"No one knows clearly about the standard adopted by the tribunal if no identification is given," he said. "Without a clear identification, a chilling effect will be created because publishers may refrain from distributing certain material for fear of getting into trouble."

Cheung insisted that the newspaper was merely stirring up discussion on related topics.

Former chief editor of the student press Tsang Chiu-wai demanded an apology from the university management, which issued warnings to the students involved.

But a university spokesman said the university had not punished the students concerned and it did respect the freedom of speech.

University of Hong Kong law professor Eric Cheung said the ruling will create a significant impact on the tribunal.

"The tribunal will need to properly apply the ordinance, meaning they cannot make the decision in a manner described as lax by the High Court," he said.

Under Secretary for Commerce and Economic Development Greg So said the government will refer to the ruling in its current exercise to review the ordinance.

(HK Edition 10/22/2008 page1)