Prevention Of Child Pornography Ordinance


Published: 2003-12-19

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Cap 579 - PREVENTION OF CHILD PORNOGRAPHY ORDINANCE 1

Chapter: 579 PREVENTION OF CHILD PORNOGRAPHY
ORDINANCE

Gazette Number Version Date


Long title L.N. 232 of 2003 19/12/2003


An Ordinance to prohibit the production, possession and publication of child pornography; to amend the Crimes
Ordinance to prohibit the use, procurement or offer of persons under the age of 18 for making pornography or
for live pornographic performances, to extend the application of certain sexual offence provisions of that
Ordinance to acts committed against children outside Hong Kong, and to prohibit the making of arrangements
relating to the commission of those acts and the advertisement of such arrangements; and to make provision for
connected purposes.


[19 December 2003] L.N. 232 of 2003


(Originally 31 of 2003)

Section: 1 Short title 20/12/2003


(1) This Ordinance may be cited as the Prevention of Child Pornography Ordinance.
(2) (Omitted as spent)


Section: 2 Interpretation L.N. 232 of 2003 19/12/2003


(1) In this Ordinance, unless the context otherwise requires—
"assisting officer" (協助人員) means a member of the Customs and Excise Service or a police officer called on to

assist an authorized officer under section 5(2);
"authorized officer" (獲授權人員) means any person authorized by a warrant issued under section 5;
"child" (兒童) means a person under the age of 16;
"child pornography" (兒童色情物品) means—

(a) a photograph, film, computer-generated image or other visual depiction that is a pornographic
depiction of a person who is or is depicted as being a child, whether it is made or generated by
electronic or any other means, whether or not it is a depiction of a real person and whether or not it has
been modified; or

(b) anything that incorporates a photograph, film, image or depiction referred to in paragraph (a),
and includes data stored in a form that is capable of conversion into a photograph, film, image or depiction
referred to in paragraph (a) and anything containing such data;

"distribute" (分發) includes making any message or data available through any means of electronic transmission;
"film" (影片) means—

(a) a cinematograph film and includes any sound-track associated with such film;
(b) a videotape or laserdisc and includes any sound-track associated with such videotape or laserdisc;
(c) a still film and includes any sound-track associated with such film;
(d) any other record of visual moving images that is capable of being used for the subsequent screening of

those images and includes any sound-track associated with such record;
(e) any combination of the films referred to in paragraphs (a), (b), (c) and (d); or
(f) an excerpt or part of a film referred to in paragraph (a), (b), (c), (d) or (e);

"photograph" (照片) includes the negative as well as the positive version of a photograph;
"pornographic depiction" (色情描劃) means—

(a) a visual depiction that depicts a person as being engaged in explicit sexual conduct, whether or not the
person is in fact engaged in such conduct; or

(b) a visual depiction that depicts, in a sexual manner or context, the genitals or anal region of a person or
the breast of a female person,

but, for the avoidance of doubt, a depiction for a genuine family purpose does not, merely because it depicts any



Cap 579 - PREVENTION OF CHILD PORNOGRAPHY ORDINANCE 2

part of the body referred to in paragraph (b), fall within that paragraph;
"still film" (定畫影片) means a slide, or a series of slides, including single frames of a film, of visual non-moving

images that is or are capable of being used for the subsequent screening of those images.
(2) For the purposes of this Ordinance, a person publishes any child pornography if he, whether or not for any

form of reward—
(a) distributes, circulates, sells, hires, gives or lends the child pornography to another person; or
(b) shows the child pornography in any manner whatsoever to another person (including but not limited to

showing, playing or projecting the child pornography to or for another person using any machinery or
apparatus and publicly displaying the child pornography).

(3) Any child pornography that is displayed in or so as to be visible from—
(a) any public street or pier, or public garden; or
(b) any place to which the public have or are permitted to have access (whether on payment or otherwise),

shall for the purposes of this Ordinance be regarded as child pornography publicly displayed.

Section: 3 Offences relating to child pornography L.N. 232 of 2003 19/12/2003


(1) Any person who prints, makes, produces, reproduces, copies, imports or exports any child pornography
commits an offence and is liable—

(a) on conviction on indictment to a fine of $2000000 and to imprisonment for 8 years; or
(b) on summary conviction to a fine of $1000000 and to imprisonment for 3 years.

(2) Any person who publishes any child pornography commits an offence and is liable—
(a) on conviction on indictment to a fine of $2000000 and to imprisonment for 8 years; or
(b) on summary conviction to a fine of $1000000 and to imprisonment for 3 years.

(3) Any person who has in his possession any child pornography (unless he is the only person pornographically
depicted in the child pornography) commits an offence and is liable—

(a) on conviction on indictment to a fine of $1000000 and to imprisonment for 5 years; or
(b) on summary conviction to a fine of $500000 and to imprisonment for 2 years.

(4) Any person who publishes or causes to be published any advertisement that conveys or is likely to be
understood as conveying the message that any person has published, publishes or intends to publish any child
pornography commits an offence and is liable—

(a) on conviction on indictment to a fine of $2000000 and to imprisonment for 8 years; or
(b) on summary conviction to a fine of $1000000 and to imprisonment for 3 years.


Section: 4 Defences L.N. 232 of 2003 19/12/2003


(1) It is a defence to a charge under section 3 for the defendant to establish—
(a) that the depiction that is alleged to constitute child pornography has artistic merit; or
(b) that the thing that is alleged to constitute child pornography is, or was at the time the offence is alleged

to have been committed, classified as a Class I or a Class II article under the Control of Obscene and
Indecent Articles Ordinance (Cap 390).

(2) It is a defence to a charge under section 3 (other than section 3(3)) for the defendant to establish—
(a) that he committed the act that is the subject of the charge for a genuine educational, scientific or

medical purpose;
(b) that the act that is the subject of the charge otherwise served the public good and did not extend

beyond what served the public good;
(c) that he had not seen the child pornography and did not know, nor did he have any reasonable cause to

suspect, it to be child pornography; or
(d) that—

(i) he took all such steps as were reasonable and practicable in the circumstances of the case to
ascertain the age of the person pornographically depicted in the child pornography when
originally depicted;

(ii) in so far as the defendant was able to influence in any way how the person was depicted, he took
all such steps as were reasonable and practicable in the circumstances of the case to ensure that



Cap 579 - PREVENTION OF CHILD PORNOGRAPHY ORDINANCE 3

the person was not depicted as a child; and
(iii) he believed on reasonable grounds that the person was not a child when originally depicted and

that the person was not depicted as a child.
(3) It is a defence to a charge under section 3(3) for the defendant to establish—

(a) that his possession of the child pornography was for a genuine educational, scientific or medical
purpose;

(b) that his possession of the child pornography otherwise served the public good and did not extend
beyond what served the public good;

(c) that he had not seen the child pornography and did not know, nor did he suspect, it to be child
pornography;

(d) that he had not asked for any child pornography and, within a reasonable time after it came into his
possession, he endeavoured to destroy it; or

(e) that he believed that the person pornographically depicted in the child pornography was not a child
when originally depicted and that the person was not depicted as a child.

(4) Unless subsection (5) applies, a defendant is to establish any fact that needs to be established for the
purpose of a defence under this section on the balance of probabilities.

(5) A defendant charged with an offence under section 3(3) is to be taken to have established any fact that
needs to be established for the purpose of a defence under subsection (3)(c), (d) or (e) if—

(a) sufficient evidence is adduced to raise an issue with respect to the fact; and
(b) the contrary is not proved by the prosecution beyond reasonable doubt.


Section: 5 Entry, search and seizure under warrant L.N. 232 of 2003 19/12/2003


(1) If, on an application made by a police officer or member of the Customs and Excise Service by laying an
information on oath, a magistrate is satisfied that there are reasonable grounds for suspecting that there is in or on any
premises, place, vessel, aircraft or vehicle—

(a) any thing in respect of which an offence under section 3 has been or is being or is about to be
committed; or

(b) any thing that is, or contains, evidence of the commission of any such offence,
he may issue a warrant authorizing any person being a police officer or member of the Customs and Excise Service to
enter or board such premises, place, vessel, aircraft or vehicle, and search for, seize, remove and detain any such thing.

(2) An authorized officer may—
(a) if he is a police officer, call on any member of the Customs and Excise Service; or
(b) if he is a member of the Customs and Excise Service, call on any police officer,

to assist him in the exercise of the powers conferred by this section.
(3) An authorized officer or an assisting officer may, at any time of the day or night—

(a) enter and search any premises or place named in the warrant; or
(b) stop, board and search any vessel, aircraft or vehicle named in the warrant.

(4) An authorized officer or an assisting officer may seize, remove and detain—
(a) any thing in respect of which he suspects on reasonable grounds that an offence under section 3 has

been or is being or is about to be committed; and
(b) any thing that he suspects on reasonable grounds to be, or to contain, evidence of the commission of

such an offence.
(5) In this section—

"aircraft" (飛機) does not include a military aircraft;
"vehicle" (車輛) does not include a military vehicle;
"vessel" (船隻) does not include a ship of war or a ship having the status of a ship of war.

Section: 6 Ancillary powers of officers under warrants L.N. 232 of 2003 19/12/2003


An authorized officer or an assisting officer may, in relation to his powers under a warrant—
(a) use such force as is reasonably necessary to enter and search any premises or place that he is

empowered to enter and search;



Cap 579 - PREVENTION OF CHILD PORNOGRAPHY ORDINANCE 4

(b) use such force as is reasonably necessary to stop, board and search any vessel, aircraft or vehicle that
he is empowered to stop, board and search;

(c) use such force as is reasonably necessary to remove any person or thing obstructing him in the exercise
of those powers;

(d) detain any person found in or on any premises, place, vessel, aircraft or vehicle that he is empowered
to enter, or board, and search until it has been searched; and

(e) prevent any person from approaching, boarding or leaving any vessel, aircraft or vehicle that he is
empowered to board and search until it has been searched.


Section: 7 Seizure by police officer or member of Customs and Excise

Service
L.N. 232 of 2003 19/12/2003



In addition to any power he may have under section 5, any police officer or member of the Customs and Excise
Service may seize, remove and detain—

(a) any thing in a public place, in respect of which he suspects on reasonable grounds that an offence
under section 3 has been or is being or is about to be committed; and

(b) any thing in a public place, that he suspects on reasonable grounds to be, or to contain, evidence of the
commission of such an offence.


Section: 8 Obstruction L.N. 232 of 2003 19/12/2003


(1) Any person who—
(a) obstructs an authorized officer or an assisting officer in the exercise of any power conferred by this

Ordinance (other than section 7); or
(b) fails to comply with any reasonable requirement, direction or demand given or made by an authorized

officer or an assisting officer in the execution of a warrant,
commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.

(2) Any person who obstructs any police officer or member of the Customs and Excise Service in exercising a
power conferred by section 7 commits an offence and is liable on conviction to a fine at level 3 and to imprisonment
for 6 months.

Section: 9 Liability to forfeiture L.N. 232 of 2003 19/12/2003


(1) The following are liable to forfeiture in accordance with this Ordinance—
(a) any child pornography that has come into the possession of the police or the Customs and Excise

Service;
(b) any—

(i) machinery or apparatus used for showing, playing or projecting any child pornography; or
(ii) machinery, plate, implement, utensil, photographic film or material used for the purpose of the

commission of an offence under section 3(1);
(c) any thing seized, removed or detained under section 5 or 7.

(2) Subsection (1)(b) does not apply to any thing that is used by a public officer in the execution of his duties.

Section: 10 Order and direction for forfeiture L.N. 232 of 2003 19/12/2003


(1) Subject to subsection (2) and section 11, where an application is made by a public officer to a magistrate for
an order for forfeiture, the magistrate may, in the case of any thing that is before him and is liable to forfeiture under
section 9, order it to be forfeited.

(2) Where a person charged with an offence under section 3 has established any ground of defence—
(a) under section 4, an order for forfeiture shall not be made under subsection (1) in respect of any thing

that relates to the charge and is not child pornography; or
(b) under section 4(1), (2)(a) or (b) or (3)(a) or (b), an order for forfeiture shall not be made under

subsection (1) in respect of any thing that relates to the charge and is child pornography.
(3) An order for forfeiture of any thing may be made under subsection (1) notwithstanding that no person is



Cap 579 - PREVENTION OF CHILD PORNOGRAPHY ORDINANCE 5

convicted of any offence in connection with the thing.
(4) Any thing that is ordered to be forfeited under subsection (1) shall be disposed of in such manner as the

magistrate directs.

Section: 11 Procedure in relation to forfeiture L.N. 232 of 2003 19/12/2003


(1) Subject to subsections (3) and (4), before making an order for forfeiture of any thing under section 10, the
magistrate shall issue a summons to—

(a) the occupier of any premises or any place or, in the case of a stall, the owner or the occupier of the
stall, in or from which the thing was seized; and

(b) the owner of the thing seized,
to appear on a day specified in the summons to show cause why the thing should not be forfeited.

(2) In addition to any person mentioned in subsection (1), any other person being the producer or manufacturer
of any thing seized or a person into whose hands any such thing may have passed before seizure, or a person who has
an interest in any thing seized, may appear before the magistrate on the day specified in the summons to show cause
why the thing should not be forfeited.

(3) If the magistrate is satisfied that any person mentioned in subsection (1) cannot for any reason be found or
ascertained, he may dispense with the issue of a summons to that person.

(4) If any summons issued under subsection (1) has not for any reason been served and the magistrate is
satisfied that all reasonable efforts were made to serve the summons on the person named in the summons, he may
make an order for forfeiture under section 10 notwithstanding that the summons was not served and that the person
named in the summons has not been given an opportunity to show cause why the thing should not be forfeited.

(5) An order for forfeiture of any thing shall, unless the magistrate considers that there are special reasons for
directing otherwise, apply to the whole of the thing.

Section: 12 Removal or effacement of child pornography L.N. 232 of 2003 19/12/2003


(1) If, on the application made by any public officer, a magistrate is satisfied that any child pornography is
publicly displayed on any building or other structure, the magistrate may order the owner or occupier of the building
or structure to remove or efface that child pornography.

(2) If a person against whom an order is made under subsection (1) fails to comply with the order within the
time specified in the order, or if no time is specified, within a reasonable time, the magistrate may, on the application
of any public officer by warrant, empower any police officer, with such assistance as may be necessary, to enter and if
necessary to break into or forcibly enter the premises or place concerned and execute that order.

(3) A police officer in executing an order under subsection (1) shall have all the powers of a police officer
acting in the execution of a warrant under section 5, including the powers mentioned in section 6.

(4) The Commissioner of Police may apply to a magistrate for an order that a person who has failed to comply
with an order made against him under subsection (1) shall pay any expenses reasonably incurred by a police officer in
the execution of the order under this section and the magistrate may make an order for such payment.

Section: 13 Procedure in relation to removal or effacement L.N. 232 of 2003 19/12/2003


(1) Before making an order to remove or efface any child pornography under section 12 the magistrate shall,
unless he is satisfied that the owner or occupier of the building or other structure mentioned in that section cannot for
any reason be found or ascertained, issue a summons to him to appear on a day specified in the summons to show
cause why an order should not be made to remove or efface that child pornography.

(2) In addition to the person mentioned in subsection (1), any other person being the owner, producer or
manufacturer of the child pornography mentioned in section 12(1) may appear before the magistrate on the day
specified in the summons to show cause why the order to remove or efface that child pornography should not be made.

(3) Section 11(4) and (5) shall apply in relation to an order to remove or efface child pornography under section
12 as they apply in relation to an order for forfeiture under section 10.




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