Page:Prevention of Child Pornography Ordinance (Cap. 579).pdf/5

(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.

3. Offences relating to child pornography

(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 $2,000,000 and to imprisonment for 8 years; or

(b) on summary conviction to a fine of $1,000,000 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 $2,000,000 and to imprisonment for 8 years; or

(b) on summary conviction to a fine of $1,000,000 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 $1,000,000 and to imprisonment for 5 years; or

(b) on summary conviction to a fine of $500,000 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—