bodyType

customContents

entityId

entityUuid

articlePageQuery

filter

article

articleBaseAdvertisingInfoArticle

articleListArticle

articleSeoArticle

hooksArticleAcknowledgementGateOverlayArticle

hooksTrackPageViewArticle

hooksContentInterestArticle

articleLinkingDataContent

hooksAmpRedirectArticle

articleSchemaContent

liveArticle

advertZone

sentiment

contentLock

topics

types

sections

paywallTypes

createdDate

publishedDate

sponsorType

urlAlias

moreOnThisArticles

commentCount

authorLocations

authors

corrections

displaySlideShow

multimediaEmbed

printHeadline

seriesContainer

articleSpeeches

socialHeadline

headline

images

flag

firstTopic

glossary

flattenTypeIds

image

relatedLinks

relatedNewsletters

__typename

sponsor

pdfFiles

seriesReverseOrder

series

disableOffPlatformContent

published

updatedDate

summary

subHeadline

body

keywords

readingTime

customTimezone

liveContents

SCMP Reporter

A ''COY and demure'' nude depicted on a signboard was categorised as ''indecent'' after it had been on display outside a topless bar for more than 20 years, the High Court heard yesterday.

  This classification, made by the Obscene Articles Tribunal, was challenged by the owner of Bottoms Up, Sum Mui-tai, and her husband and manager of the cocktail lounge, Cheung King-chuen.

  In allowing their appeal, Mr Justice Sears held that the tribunal erred in examining just the two pictures when it was incumbent upon it to look at the whole signboard, described as a piece of local history to lure tourists to visit the place ''where James Bond went''.

  Having earlier declared he had been taken to the bar 18 years ago by a London silk who was now a High Court judge in England, Mr Justice Sears expressed surprise that the tribunal found the picture indecent when Hongkong people had been exposed to much more.

  The court heard that Bottoms Up, in Hankow Road, Tsim Sha Tsui, had been in the business for more than 20 years and never been prosecuted.

  It had become a tourist attraction because it was featured in a James Bond film, The Man With The Golden Gun, and in Hongkong tourist promotion guides.

  In order to attract customers, a large illuminated sign showing ''15 portions of female posterior'' was displayed outside the bar.

  There was also a ''Happy Hour'' signboard under which were two photographs: one of a woman's breasts and the other of a nude female with material draped over her.

  This sign was seized by police during a regular check on February 9 with the owner and manager subsequently being charged with displaying an indecent article.

  They were tried before magistrate Richard Davies, who referred the matter to the Obscene Articles Tribunal.

  The tribunal, after examining the two pictures, found only the photograph of the ''draped woman'' indecent.

  On appeal, Gerard McCoy, counsel for Ms Sum and Mr Cheung, described the signboard to be piece of local history, which had been on display as a tourist attraction for more than 20 years.

  He said the ''coyly and demurely'' seated woman featured in the picture was draped and only one of her breasts was exposed.

  Senior Crown counsel Stanley Lee, for the tribunal, argued that the picture itself was capable of being an article and the only question was whether it could be classified as indecent or not.

  In quashing the tribunal's decision, Mr Justice Sears criticised the informality of the matter's referral to the tribunal for classification, saying it appeared to have been done by police internal memorandums.

  The judge said it was not for him to decide whether the tribunal came to the right classification or not.

  However, he noted that it had found the picture, which the public might think indecent, to be decent and the one likely to be considered decent, indecent.



'Indecent' ruling thrown out