Customs officers have the right to confiscate blue movies en route to other countries because Hong Kong should not become an export centre for pornography, the Court of Appeal declared yesterday. The ruling followed the seizure of 298 obscene laser discs from the United States at Kai Tak airport. Distributors Ocean Video Incorporated argued that Hong Kong authorities had no right to confiscate the sex films because they were bound for Macau. The Control of Obscene and Indecent Articles Ordinance only allows Customs officers to seize pornographic materials 'imported for publication'. Lawyer Gerard McCoy said this meant goods could not be impounded unless they were intended for circulation in the territory. But the Court of Appeal ruled it did not matter whether the pornographic material was destined for Hong Kong or abroad. The judges said the court did not accept that the law intended the territory to become a source of 'international pornographic pollution'. Chief Justice Sir Ti Liang Yang added: 'It seems to us the law is clear. The phrase 'for the purpose of publication' is not limited to publication in Hong Kong. 'Though the standards of what constitutes obscenity may be different in different cultures . . . we should not encourage publication of any articles which we ourselves find repugnant.' Sir Ti Liang said Hong Kong could only judge the issue of obscenity 'by our own concepts of morality and propriety'. The court, also comprising Mr Justice Gerald Nazareth and Mr Justice Wong, upheld the original forfeiture order of the laser discs made by magistrate John Brennan on April 3 last year at San Po Kong court. A Customs spokesman said the sex films, worth $150,000, would now be destroyed. He added: 'It's a very good decision. If it had gone against us it would have impeded our future operations. We get a few of these cases every year.'
