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(i) the place where the marriage was solemnized;

(ii) the place where the sexual act was done; or

(iii) the place of the defendant’s residence or domicile;

(b) when it was solemnized, the marriage was genuine; and

(c) at the time of the sexual act, that other person consented to the sexual act.

153Q. Arrangement or advertisement relating to commission against a child of act outside Hong Kong that offends Schedule 2 provision

(1) Any person who makes arrangements, whether wholly or partly in Hong Kong, for himself or another person to commit any act in relation to a person under the age of 16 that would constitute an offence under any of the provisions specified in Schedule 2 if it were committed in Hong Kong, commits an offence and is liable on conviction on indictment to a fine of $3,000,000 and to imprisonment for 10 years.

(2) Any person who publishes, distributes or publicly displays, or causes or permits the publication, distribution or public display of an advertisement for any arrangements referred to in subsection (1) commits an offence and is liable on conviction on indictment to a fine of $3,000,000 and to imprisonment for 10 years.

(3) For the purposes of subsection (2), “distribute” (分發) includes making any message or data available through any means of electronic transmission.

(4) It is a defence to a charge under subsection (2) for the defendant to establish that he had not seen the advertisement and did not know, nor did he have any reasonable cause to suspect, it to be an advertisement mentioned in that subsection.

153R. Amendment of Schedule 2

The Chief Executive in Council may, with the approval of the Legislative Council, amend Schedule 2 by order published in the Gazette.”.

17. Other offences of which accused may be convicted

The Schedule is renumbered as Schedule 1.