plaintiff:
  - COMMISSIONER FOR TELEVISION AND ENTERTAINMENT LICENSING AUTHORITY

defendant:
  - ORIENTAL DAILY PUBLISHER LIMITED
  - THE SUN NEWS PUBLISHER LIMITED

case_reason: Determination under Section 29(5) of the Control of Obscene and Indecent Articles Ordinance (Cap. 390) regarding whether two newspaper articles published on 2 December 2005 containing photographs of model Kelly Brook with exposed breasts (nipples obscured) were indecent and unsuitable for publication to juveniles.

judgment_summary: The Obscene Articles Tribunal exercised jurisdiction under Part V of Cap. 390 to determine whether articles published in Oriental Daily (page C21) and The Sun (page C54) were indecent. Both articles featured prominent photographs of Kelly Brook topless on a beach with Billy Zane, with nipples obscured by small squares. The Tribunal applied Section 10 guidance considering five matters: moral standards, dominant effect, readership, honest purpose, and suitability for juveniles under Section 2B. The Tribunal held that publishers' intentions (except honest purpose) were irrelevant, and prohibited reference to previously classified materials following Lam J's judicial review decision. The Tribunal found the photographs were given prominent effect, the newspapers had wide readership reaching all ages, the articles contained gratuitous portrayals of the body and breasts with vivid language, and the titillating content glorified the naked female body. Both articles were determined to be indecent beyond reasonable doubt as they were not suitable for publication to juveniles (persons under 18 years).

jurisdiction_code: HKOAT

jurisdiction_name: Obscene Articles Tribunal of the Hong Kong Special Administrative Region

case_location: Hong Kong Special Administrative Region

case_object:
  - Control of obscene and indecent articles
  - Classification and determination of indecent publications
  - Protection of juveniles from indecent content
  - Newspaper publication standards

judgment_result:
  - charge: Publication of indecent article in Oriental Daily on 2 December 2005
    result: Determined to be indecent
  - charge: Publication of indecent article in The Sun on 2 December 2005
    result: Determined to be indecent

involved_entities:
  - entity_name: W LEUNG
    reason: Presiding Magistrate in OAT Tribunal who delivered the judgment
  - entity_name: LAM Koon-kun
    reason: Adjudicator in the Tribunal
  - entity_name: Tse Wun-shuen, Edward
    reason: Adjudicator in the Tribunal
  - entity_name: Agnes CHAN
    reason: Senior Government Counsel appearing for TELA (Television and Entertainment Licensing Authority)
  - entity_name: CHENG Huan
    reason: Senior Counsel appearing for both defendant publishers
  - entity_name: Paul LEUNG
    reason: Counsel appearing for both defendant publishers
  - entity_name: Kelly Brook
    reason: Model featured in the photographs at issue
  - entity_name: Billy Zane
    reason: Actor and Kelly Brook's boyfriend featured in the photographs
  - entity_name: Starpix
    reason: International pictures seller who provided the source photographs
  - entity_name: Lam J
    reason: Judge in Court of First Instance whose judicial review decision prohibited comparison with previously classified materials
  - entity_name: Control of Obscene and Indecent Articles Ordinance (Cap. 390)
    reason: Primary legislation under which the determination was made
