Page:Prevention of Child Pornography Ordinance (Cap. 579).pdf/4

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PREVENTION OF CHILD PORNOGRAPHY
ORDINANCE

Ord. No. 31 of 2003
A1389


“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 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.