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Film Censorship in the Asia-Pacific Region

Film censorship has always been a controversial matter, particularly in jurisdictions with restrictive state-based censorship systems. This book reviews the film censorship systems in the Asia-Pacific region by comparing the systems used in Malaysia, Hong Kong and Australia. It identifies the key issues and concerns that arise from the design and implementation of the systems by examining the censorship laws, policies, guidelines and processes. The book evaluates film practitioners' and censors' opinions of, and experiences in, dealing with those issues and goes on to develop reform proposals for the Malaysian film censorship system.

Saw Tiong Guan currently teaches at the Faculty of Law, University of Malaya, Malaysia. He obtained his doctorate degree from the University of Melbourne and is an advocate and solicitor of the High Court of Malaya. He is also a film director and producer.

Routledge Advances in Asia-Pacific Studies

Environment, Education and Society in the Asia-Pacific
Local traditions and global discourses
David Yencken, John Fien and Helen Sykes

Ageing in the Asia-Pacific Region
David R. Phillips

Caring for the Elderly in Japan and the US
Practices and policies
Susan Orpett Long

Human Rights and Gender Politics
Asia-Pacific perspectives
Edited by Anne Marie Hilsdon, Martha Macintyre, Vera Mackie and Maila Stivens

Human Rights in Japan, South Korea and Taiwan
Ian Neary

Cultural Politics and Asian Values
The tepid war
Michael D. Barr

Social Policy in East and Southeast Asia
Education, health, housing and income maintenance
M. Ramesh

Sino-Japanese Relations
Facing the past, looking to the future?
Caroline Rose

Directors of Urban Change in Asia
Edited by Peter J.M. Nas

Education Reform and Education Policy in East Asia
Ka Ho Mok

The Strong and the Weak in Japanese Literature
Discrimination, egalitarianism, nationalism
Fuminobu Murakami

Civilization, Nation and Modernity in East Asia
Chih-Yu Shih

Diminishing Conflicts in Asia and the Pacific
Robin Jeffrey, Edward Aspinall and Anthony Regan

Health Transitions and the Double Disease Burden in Asia and the Pacific
Histories of responses to non-communicable and communicable diseases
Edited by Milton J. Lewis and Kerrie L. MacPherson

Film Censorship in the Asia-Pacific Region
Malaysia, Hong Kong and Australia compared
Saw Tiong Guan

Film Censorship in the Asia-Pacific Region

Malaysia, Hong Kong and Australia compared

Saw Tiong Guan

First published 2013
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

Simultaneously published in the USA and Canada
by Routledge
711 Third Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

2013 Saw Tiong Guan

The right of Saw Tiong Guan to be identified as author of this work has
been asserted by him in accordance with the Copyright, Designs and
Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or
utilised in any form or by any electronic, mechanical, or other means, now
known or hereafter invented, including photocopying and recording, or in
any information storage or retrieval system, without permission in writing
from the publishers.

Trademark notice: Product or corporate names may be trademarks or
registered trademarks, and are used only for identification and explanation
without intent to infringe.

British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library

Library of Congress Cataloging in Publication Data
Saw, Tiong Guan.
Film censorship in the Asia-Pacific Region: Malaysia, Hong Kong, and
Australia compared / Saw Tiong Guan.
p. cm. -- (Routledge Advances in Asia-Pacific Studies; 15)
Includes bibliographical references and index.
1. Motion pictures--Law and legislation--Pacific Area. 2. Motion
pictures--Censorship--Pacific Area. I. Title.
KVC728.M67S29 2013
344.505'31--dc23
2012031252

ISBN: 978-0-415-65689-4 (hbk)
ISBN: 978-0-203-06782-6 (ebk)

Typeset in Times
by Saxon Graphics Ltd, Derby

For my mother,
who taught me how to write,
and
for Piyasak Vitayaburananont,
who keeps me writing.

Contents

Table of cases

Abrams v United States
250 US 616 (1919) (Supreme Court, United States of America)

Adultshop.com Ltd v Members of the Classification Review Board and anor.
[2008] 169 FCR 31 (Federal Court, Australia)

Alberts v California
354 US 476 (1957) (Supreme Court, United States of America)

Anisminic Ltd v Foreign Compensation Commission
[1969] 2 AC 147 (House of Lords, United Kingdom)

Associated Provincial Picture Houses Ltd v Wednesbury Corporation
[1948] 1 KB 223 (Court of Appeal, England and Wales)

Attorney-General v Guardian Newspapers Ltd (No 2)
[1990] 1 AC 109 (House of Lords, United Kingdom)

Australian Capital Television v Commonwealth
(1992) 177 CLR 106 (High Court, Australia)

Badan Peguam Malaysia v Kerajaan Malaysia
[2008] 2 MLJ 285 (Federal Court, Malaysia)

Brandenburg v Ohio
395 US 444 (1969) (Supreme Court, United States of America)

Burstyn Inc. v Wilson
343 US 495 (1952) (Supreme Court, United States of America)

Chaplinsky v New Hampshire
315 US 568 (1942) (Supreme Court, United States of America)

Che Omar Che Soh v Public Prosecutor
[1988] 2 MLJ 55 (Supreme Court, Malaysia)

Chief Constable of the North Wales Police v Evans
[1982] 1 WLR 1155 (House of Lords, United Kingdom)

Coleman v Power
[2004] 220 CLR 1 (High Court, Australia)

Council of Civil Service Unions v Minister for the Civil Service
[1985] AC 374 (House of Lords, United Kingdom)

Crowe v Graham
(1968) 121 CLR 375 (High Court, Australia)

Director of Public Prosecutions v Whyte
[1972] 3 All ER 12 (House of Lords, United Kingdom)

Dr Mohd Nasir bin Hashim v Menteri Dalam Negeri Malaysia
[2006] 6 MLJ 213 (Court of Appeal, Malaysia)

Family Voice Australia v Members of the Classification Review Board
[2011] FCA 1014 (Federal Court, Australia)

George John v Goh Eng Wah Bros Filem Sdn Bhd
[1988] 1 MLJ 319 (High Court, Malaysia)

Ginzburg v United States
383 US 463 (1966) (Supreme Court, United States of America)

Government of Malaysia v Jagdis Singh
[1987] 2 MLJ 185 (Supreme Court, Malaysia)

Haji Laugan Tarki bin Mohd Noor v Mahkamah Anak Negeri Penampang
[1988] 2 MLJ 85 (Supreme Court, Malaysia)

Harpers Trading (M) Sdn Bhd v National Union of Commercial Workers
[1991] 1 MLJ 417 (Supreme Court, Malaysia)

Hoh Kiang Ngan v Mahkamah Perusahaan Malaysia

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