Page:Prevention of Child Pornography Ordinance (Cap. 579).pdf/7

(b) that his possession of the child pornography 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 suspect, it to be child pornography;

(d) that he had not asked for any child pornography and, within a reasonable time after it came into his possession, he endeavoured to destroy it; or

(e) that he believed that the person pornographically depicted in the child pornography was not a child when originally depicted and that the person was not depicted as a child.

(4) Unless subsection (5) applies, a defendant is to establish any fact that needs to be established for the purpose of a defence under this section on the balance of probabilities.

(5) A defendant charged with an offence under section 3(3) is to be taken to have established any fact that needs to be established for the purpose of a defence under subsection (3)(c), (d) or (e) if—

(a) sufficient evidence is adduced to raise an issue with respect to the fact; and

(b) the contrary is not proved by the prosecution beyond reasonable doubt.

5. Entry, search and seizure under warrant

(1) If, on an application made by a police officer or member of the Customs and Excise Service by laying an information on oath, a magistrate is satisfied that there are reasonable grounds for suspecting that there is in or on any premises, place, vessel, aircraft or vehicle—

(a) any thing in respect of which an offence under section 3 has been or is being or is about to be committed; or

(b) any thing that is, or contains, evidence of the commission of any such offence,

he may issue a warrant authorizing any person being a police officer or member of the Customs and Excise Service to enter or board such premises, place, vessel, aircraft or vehicle, and search for, seize, remove and detain any such thing.

(2) An authorized officer may—

(a) if he is a police officer, call on any member of the Customs and Excise Service; or

(b) if he is a member of the Customs and Excise Service, call on any police officer,

to assist him in the exercise of the powers conferred by this section.