Page:Prevention of Child Pornography Ordinance (Cap. 579).pdf/6

(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.

4. Defences

(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 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;