The government is floating the idea of stripping the Obscene Articles Tribunal of its duty of classifying publications, as it seeks opinions on how to revamp the system.
It is also considering doubling fines for publishing obscene material, citing public concern.
Secretary for Commerce and Economic Development Greg So Kam-leung opened a second round of public consultation on the Control of Obscene and Indecent Articles Ordinance yesterday. The government is taking views until July 15.
The tribunal, which was founded in 1987, is made up of volunteer adjudicators working with a magistrate. It has been criticised in legal circles because it serves both an administrative and a judicial function.
It classifies content at the request of the authorities or of publishers and decides whether it is indecent - making it available to adults only - or obscene and therefore banned. That is its administrative function.
It also rules on obscene and indecent articles when a dispute arises in criminal or civil courts and adjudicates on the question of whether or not something is indecent or obscene - its judicial function. The judiciary, the Bar Association and the Law Society say the roles should be separated.
The government has put forward two options which would involve abolishing its administrative work: appointing an independent board to classify material, or doing away with the classification altogether. Publishers would be able to seek advance classification under the first option, but not the second.