Cinematograph Films (Amendment) Bill

Bill No. 15/1979

Read the first time on 14th March 1979.

An Act to amend the Cinematograph Films Act (Chapter 239 of the Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —

Short title

1. This Act may be cited as the Cinematograph Films (Amendment) Act, 1979.

Amendment of section 1

2. Section 1 of the Cinematograph Films Act (hereinafter in this Act referred to as the principal Act) is amended by deleting the word “Cinematograph” therein.

Repeal and re-enactment of section 2

3. Section 2 of the principal Act is repealed and the following substituted therefor: —

“Interpretation

2. In this Act, unless the context otherwise requires —

“Board” means the Board of Film Censors established under this Act to carry out the duties of censorship of films;

“certificate” means a certificate issued under the provisions of subsection (2) of section 10 of this Act;

“distribution”, with its cognate expression, includes sale, hiring out and circulation;

“exhibition” and “presentation”, with their cognate expressions, of a film include the production of any music, speech, noise, or other sound whatsoever, which accompanies the projection of a film;

“film” includes any record, however made, of a sequence of visual images, which is a record capable of being used as a means of showing that sequence as a moving picture;

“owner” of a film means any person who is for the time being entitled either as owner or agent for the owner, or otherwise, to the possession of the film, but does not include a bank through which a film is bona fide consigned for the sole purpose of collecting a trade debt.”.

Amendment of section 3

4. Section 3 of the principal Act is amended by deleting the word “Cinematograph” wherever it appears therein.

Amendment of section 5

5. Section 5 of the principal Act is amended by deleting the words “Save that the mark to be affixed to” in the first line of subsection (2) thereof and substituting therefor the words “Except that the certificate to be issued in respect of”.

Amendment of section 7

6. Section 7 of the principal Act is amended by deleting subsection (4) thereof and substituting therefor the following: —

“(4) This section shall not apply to any film which has been authorized for exhibition or distribution in Singapore by a valid certificate or to any film imported by a renter registered in accordance with the provisions of the Cinematograph Film Hire Duty Act (Cap. 132).”.

Amendment of section 9

7. Section 9 of the principal Act is amended —

(a)	by inserting, immediately after the word “presented” in the second line of subsection (1) thereof, the words “without any alteration or excision”; and
(b)	by inserting, immediately after the word “exhibition” at the end of subsection (3) thereof, the words “or distribution or of exhibiting exclusively to buyers or exhibitors or their agents”.

Amendment of section 10

8. Section 10 of the principal Act is amended by deleting subsection (2) thereof and substituting therefor the following: —

“(2) Where any film is approved for exhibition or distribution in Singapore, the Chairman of the Board shall, when the required alterations or excisions, if any, have been made, issue such certificate as the Minister may direct authorizing the exhibition or distribution of the film in Singapore.”.

Amendment of section 11

9. Section 11 of the principal Act is amended by deleting subsections (2) and (3) thereof and substituting therefor the following: —

“(2) Where any film is classified under the provisions of subsection (1) of this section, the Board shall specify the classification of the film in the certificate issued in respect of that film and impose such conditions as it thinks fit.

(3) Any person who contravenes or fails to comply with any of the conditions imposed under the provisions of subsection (2) of this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding five thousand dollars.”.

Repeal and re-enactment of sections 14 and 15

10. Sections 14 and 15 of the principal Act are repealed and the following substituted therefor: —

“Exhibition of films without authority forbidden

14.—(1) No film shall be exhibited or distributed unless there is a valid certificate authorizing the exhibition or distribution of the film.

(2) Except for the purposes of manufacture or of censorship or of exhibiting exclusively to buyers or exhibitors or their agents, a film shall be deemed to be exhibited when it is projected in the presence of any person, including the operator.

Advertisement of films for exhibition prohibited unless authorised

15. No person shall advertise or cause to be advertised the exhibition or distribution of any film unless the advertisement has been approved by the Board.”.

Amendment of section 16

11. Section 16 of the principal Act is amended by deleting the words “affix thereto the mark mentioned in subsection (2) of section 10 of this Act” in the fifth and sixth lines of subsection (1) thereof and substituting therefor the words “, issue a certificate”.

Amendment of section 17

12. Section 17 of the principal Act is amended —

(a)

by deleting subsection (1) thereof and substituting therefor the following: —

“(1) A certificate shall cease to be valid on notice to that effect being given by the Board to the person who presented the film for the purpose of censorship or to any person in possession of the film; and where any such person cannot be found the notice may be given by publication in the Gazette.”; and

(b)

by deleting the word “mark” in the third line of subsection (2) thereof and substituting therefor the word “certificate”.

Amendment of section 18

13. Section 18 of the principal Act is amended —

(a)

by deleting subsection (1) thereof and substituting therefor the following: —

“(1) Any person who exhibits, distributes or advertises or causes to be exhibited, distributed or advertised any film or part thereof —

(a)	in respect of which a certificate has not been issued;
(b)	which has been altered or tampered with in any way since the certificate in respect of the film was issued;
(c)	where the certificate in respect of the film has ceased to be valid under section 17 of this Act; or
(d)	where the advertisement in respect of the film has not been approved by the Board under section 15 of this Act,

shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding five thousand dollars.”;

(b)

by deleting the word “Cinematograph” in the second line of subsection (2) thereof; and

(c)

by inserting, immediately after the word “exhibited” in the fourth line of subsection (2) thereof, the words “or distributed”.

Amendment of section 19

14. Subsection (1) of section 19 of the principal Act is amended —

(a)

by deleting the words “the mark affixed thereto under section 10 of this Act has ceased to be valid under section 17 of this Act, or in respect of which the mark affixed thereto under section 10 of this Act has been altered or tampered with” in the tenth to the fourteenth lines thereof and substituting therefor the words “the certificate issued therefor has ceased to be valid under section 17 of this Act or which has been altered or tampered with in any way after a certificate in respect of the film was issued”; and

(b)

by inserting, immediately after the word “exhibited” in the fourteenth line thereof, the words “or distributed”.

Amendment of section 22

15. Section 22 of the principal Act is amended by deleting subsection (4) thereof and substituting therefor the following: —

“(4) The decision of the Committee of Appeal shall be communicated forthwith to the Chairman of the Board who shall, if necessary, issue a certificate in respect of the film or alter or amend such a certificate and shall take such other action, if any, as is necessary to give full effect to the decision.”.

Amendment of section 27

16. Section 27 of the principal Act is amended —

(a)

by deleting subsection (1) thereof and substituting therefor the following: —

“(1) Any person who —

(a)	has in his possession; or
(b)	exhibits or distributes,

any obscene or lewd film shall be guilty of an offence under this Act and shall be liable on conviction —

(i)	in respect of an offence under paragraph (a) of this subsection, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment; and
(ii)	in respect of an offence under paragraph (b) of this subsection, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.”; and

(b)

by deleting the word “Cinematograph” in the second line of subsection (2) thereof.

Repeal of section 28

17. Section 28 of the principal Act is repealed.

Amendment of section 29

18. Section 29 of the principal Act is amended —

(a)

by deleting the words “or of Malaysia and produced by the Malayan Film Unit” in paragraph (a) thereof; and

(b)

by deleting paragraph (d) thereof and substituting therefor the following: —

“(d)	any film, not being obscene or lewd or a reproduction of any feature, commercial or documentary films, which is made by an individual and is not intended for distribution or public exhibition;
(e)	any film reproduced from local television programmes; and
(f)	any film which may be excluded by the Minister by notification in the Gazette.”.

Amendment of section 30

19. Section 30 of the principal Act is amended —

(a)	by deleting the words “any film the exhibition” in the first line of subsection (2) thereof and substituting therefor the words “or distributes any film the exhibition or distribution”; and
(b)	by deleting the word “two” in the fifth line of subsection (2) thereof and substituting therefor the word “ten”.

Miscellaneous amendments

20. The principal Act is amended —

(a)

by deleting the word “one” wherever it appears in the following provisions and substituting therefor in each case the word “five”: —

Sections 6(2), 7(3), 9(5), 12(b), 17(3) and 23(4);

(b)

by inserting, immediately after the word “exhibition” wherever it appears in the following provisions, the words “or distribution”: —

Sections 5(1)(b), 5(2), 9(1), 10(1)(a), 10(1)(c), 11(1), 13, 16(1), 19(1), 22(1)(a), 23(1), 29(c) and 30(1); and

(c)

by inserting, immediately after the word “exhibit” wherever it appears in the following provisions, the words “or distribute”: —

Sections 5(1)(a), 10(1)(b) and 29(c).

Search within Legislation