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Cinematograph Act

LAWS OF TONGA

[1988 Edition]

CHAPTER 167

CINEMATOGRAPH

Acts Nos. 7 of 1920, 4 of 1933, 36 of 1988

AN ACT FOR THE REGULATION AND CONTROL OF CINEMATOGRAPH AND SIMILAR DISPLAYS

[4th September, 1920]

Short title.

1. This Act may be cited as The Cinematograph Act.

Power to make regulations.

2. The Prime Minister with the consent of Cabinet may make Regulations for-

(a) The control and censorship of cinematograph and other similar displays;

(b) The control and censorship of posters or advertisements relating to cinematograph and other similar displays.

(Substituted by Act 4 of 1933.)

(c) The control and censorship of video tapes or films and other similar displays.

(Inserted by Act 36 of 1988.)

Supervision at exhibition to ensure safety from fire.

3. It shall be lawful for the Minister of Police or any Inspector or Sergeant of Police to order any display to cease or to give any other directions which may be necessary for ensuring the safety from fire of the premises at which the display takes place or for ensuring the safety of the people attending the display.

Power of entry.

4. A member of the Police Force may at all reasonable times enter any premises in which he has reason to believe a cinematograph or other similar display is being given or is about to be given with a view to seeing whether the provisions of this Act and any regulations made thereunder have been complied with.
(Amended by Act 4 of 1933.)

General penalty.

5. Any person who obstructs the entry of any police officer in the execution of his duty under section 4 hereof or who commits a breach of any of the provisions of this Act or of the regulations made thereunder shall be liable to a fine not exceeding $1500.
(Amended by Act 36 of 1988.)

Not applicable for private exhibitions.

6. This Act shall not apply to a display given in private premises to which the public are not admitted.

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CHAPTER 167

CINEMATOGRAPH

SECTION 2-(1) Cinema Theatre Rules

Made by the Prime Minister on 25th February, 1927

R. R. 25129

1. These Rules may be cited as the Cinema Theatre Rules.

GENERAL SAFETY

2. On and after the passing of these rules no licence to conduct a cinematograph display shall be issued by a Collector of Customs whether in respect of a building already licensed or not unless and until the applicant produces to the Collector a certificate signed by the Minister of Works stating-

(a) that the exits and seating arrangements of the building in which the applicant proposes to give the cinematograph display are in the opinion of the Cabinet so arranged as to provide easy and speedy egress from the building;

(b) that the rules made hereunder with regard to the electrical fittings and with regard to the avoidance of danger by fire have been complied with.

EXITS

3. Every building in which a cinematograph exhibition is given by a person duly licensed to give such exhibition under the Cinematograph Act shall be provided with exits in accordance with these rules.

SEATING ACCOMMODATION

4. Where the seating accommodation of the building is for 100 persons or less, 2 exits on opposite sides of the building shall be provided; and where the seating accommodation of the building exceeds 100, then one additional exit shall be provided for every additional 100 seats or part thereof.

DOORS

5. Every door fitted to an exit shall be so constructed as to permit it to be immediately opened outwards from within the building only.

SIGNS

6. An illuminated sign board with the word EXIT in 6 inch letters shall be placed over each exit in such a position as to be visible from all parts of the building.

STAIRWAYS

7. Where in any building used for cinematograph exhibitions seating accommodation is placed in a gallery, circle, or balcony, there shall be fitted thereto, in addition to the stairway giving access to the said gallery, etc., an exit giving access to an external stairway. The external stairway shall be of metal construction.

LICENCE TO BE EXHIBITED

8. The seating accommodation of each part of any building used for a cinematograph exhibition shall be stated in the licence and a copy of the said licence shall be exhibited in a prominent place within the building.

CLEAR PASSAGES

9. Every exit and passage shall be kept clear of obstruction at all times during the exhibition or display.

CLEANLINESS

10. Every licensee shall keep the building used for a cinematograph exhibition in a thoroughly clean and sanitary condition, and shall not permit any animals to be brought into the building.

MACHINERY AND ELECTRICAL CONNECTIONS

Operation Room

11. The operating room containing the projecting apparatus shall be constructed of metal, or wood with asbestos lining, or other fireproof material; the floor shall be of cement of a thickness of 4 inches at least. The room shall be fitted with a spring door opening outwards only. There shall be kept therein at least one chemical fire extinguisher or more than one if the Government Engineer so certifies.

Insulation

12. All electrical mains, lights, fuses and other connections throughout the building or power plant attached or adjacent thereto shall be fitted in accordance with the following rules-

(a) the main cable from generator or current supply to the distribution board shall be of 7 strands of 14 standard wire gauge copper wire or shall be of equivalent carrying capacity;

(b) the light mains in the exhibition building shall be of not less size than 18 standard wire gauge, and not more than 12 lamps shall be carried on any main;

(c) all joints on mains and leads shall be staggered;

(d) the lamps used for illumination purpose shall be metallic filament lamps;

(e) insulating bushes of porcelain or other vitreous material shall be fitted in all places where wires or cable carrying electric current pass through the walls of the building;

(f) insulators of porcelain or other vitreous material shall be used for fastening the wiring to any portion of the building;

(g) insulated ceiling roses shall be fitted where pendant lamps are used suspended from the roof;

(h) the distribution board shall be provided with the following fuses-one on the main cable with a fusing point of not more than 120 amperes, one on each lighting main with a fusing point of not more than 20 amperes;

(i) all wiring shall be insulated according to standard.

Generating Plant

13. Where electrical power is generated for the purposes of the exhibition or in a building adjacent thereto, the following rules shall apply-

(a) if the generating plant is in the exhibition building it shall be placed in a separate room fireproofed in accordance with rule 11;

(b) a chemical fire extinguisher shall be always kept ready for use in the generating room or in the outside building housing the generation plant;

(c) where an internal combustion motor is used an efficient silencer and exhaust pipe taking the fumes away from the building shall be fitted;

(d) all fuel oil of light or heavy character shall be kept or stored in a tank, which shall be kept closed. No refilling shall take place during the exhibition. No full or partially full tins of fuel shall be stored in or near the generating room or building used as such.

GENERAL

Penalty

14. Any licensee, using any apparatus or machinery or any building, or allowing the same to be used in contravention of these rules, or any person committing any breach of these rules, shall be liable to a fine not exceeding $40.

Entry by police

15. Any police officer, or any person appointed by the Prime Minister, may at all reasonable times enter premises licensed under the Cinematograph Act for the purpose of seeing whether the provisions of that Act or of these rules have been complied with.

Obstructing Police

16. Any person obstructing a police officer or other person appointed as aforesaid shall be liable to a fine not exceeding $40.

(2) Censorship Regulations

Made by the Prime Minister on 31st January, 1934

G. 7/34, 87/37, 70/43, 29/45, 99/45, 137/53, G.S. 13/88

1. The Prime Minister may appoint Boards of Censors for the Districts of Tongatapu, Ha'apai and Vava'u; such Boards shall be composed of not more than 12 persons, of whom one shall be appointed as Chairman. (Amended, G. 70/43, 29/45, 137/53.)

2. If any person so appointed shall be at any time unable to act the Prime Minister may appoint another person to act for the time being.

3. No person shall exhibit a cinematograph film in public or any poster or other advertisement or video tape or film relating to the exhibition in public of any cinematograph film or video tape or film unless he shall previously have obtained a certificate from the Board of Censors of the District where the film is to be shown that such cinematograph film or such poster or other advertisement is suitable for public exhibition:

Provided that the Board may at its discretion exempt, in writing, any particular film or class of film from censorship. (Amended, G. 70/43, 29/45, G. S. 13/88.)

4. A Board of Censors shall not issue a certificate unless the cinematograph film or poster or other advertisement or video tape or film in respect of which it is issued shall have been exhibited before 3 members of a Board of Censors and approved by at least 2 of the members and the certificate signed by them. A Board shall not approve of-

(a) films, portions of films or posters which encourage or justify crime or immorality;

(b) films, portions of films or posters which encourage or justify sedition or sabotage;

(c) films, portions of films or posters which are likely to give offence to any creed, friendly nationality or country. (Amended, G. 70/43, G.S. 13/88.)

5. Any person who exhibits a cinematograph film or any poster or other advertisement or video tape or film relating to the exhibition in public of any cinematograph film without having first obtained such a certificate shall be guilty of an offence against these regulations. (Amended, G.S. 13/88.)

6. It shall suffice that any certificate issued under these regulations shall be in accordance with the forms set out in the Schedule.

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THE SCHEDULE

FORM A (FILMS)

Cinematograph Act

We A. B., C. D. and E. F. being members of the Board of Censors...............................................................................appointed....................................................... for the purposes of the Cinematograph Act, do hereby certify that on.............................. the ...........................day of .......................in the year ................. a film entitled X submitted by G. H. was exhibited before us and we find the said film suitable for public exhibition.

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FORM B (POSTERS, ETC)

Cinematograph Act

We A. B., C. D. and E. F. being members of the Board of Censors......................... ...............................................appointed.......................................... for the purposes of the Cinematograph Act, do hereby certify that on the ........................... day of ....................... in the year .................. we have examined posters and other advertisements, copies of which are annexed hereto relating to a film entitled X submitted by G. H. and we find the said posters and other advertisements suitable for public exhibition.

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FORM C (VIDEO FILMS, ETC)

We ............................................................................................ and.................................. being members of the Board of Censors appointed for the purposes of the Cinematograph Act, do hereby certify that on the ...........y of ..................................... in the year ..................... we have examined posters and other advertisements, copies of which are annexed hereto relating to a film entitled ............................. submitted by ............... and we find the said video tape/film suitable for public exhibition.

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