Page:Prevention of Child Pornography Ordinance (Cap. 579).pdf/12

(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.

Amendments to Crimes Ordinance

14. Section added

The Crimes Ordinance (Cap. 200) is amended by adding—

“138A. Use, procurement or offer of persons under 18 for making pornography or for live pornographic performances

(1) Any person who uses, procures or offers another person who is under the age of 18 for making pornography, or for a live pornographic performance, in which that other person is or is to be pornographically depicted, commits an offence and is liable on conviction on indictment—

(a) if the offence is committed in relation to a person under the age of 16, to a fine of $3,000,000 and to imprisonment for 10 years;

(b) if the offence is committed in relation to a person of the age of 16 or above but under 18, to a fine of $1,000,000 and to imprisonment for 5 years.

(2) It is a defence to a charge of using or procuring a person of the age of 16 or above but under 18 for making pornography for the defendant to establish that—

(a) at the time of the alleged offence, the person pornographically depicted for making pornography consented to being so depicted; and

(b) the pornography so made is solely for the personal use of the defendant and the person depicted.

(3) It is a defence to a charge of using or procuring a person of the age of 16 or above but under 18 for a live pornographic performance for the defendant to establish that—

(a) at the time of the alleged offence, the person pornographically depicted for the performance consented to being so depicted; and