42 Crimes 2013, No. 10 “indecent material” means any book, newspaper, picture, film, photograph, child pornography, print, or writing, and any paper or other thing of any description whatsoever, which has printed or impressed upon it, or otherwise attached thereto, or appearing, shown, or exhibited in any manner whatsoever thereon, any indecent picture, illustration, or representation, or which unduly emphasises matters of sex, horror, crime, cruelty, or violence; “film” film means a photographic film, and includes: (a) a cinematograph film; and (b) a videotape; and (c) any other material record or visual images that is capable of being used for the subsequent display of those images, - but does not include a videotape or cinematograph film in respect of which a certificate of approval is in force under the Indecent Publications Ordinance 1960 or under the Film Control Act 1978. (3) It is a defence to a charge of an offence under subsection (1)(i) to (n) if the person establishes that the indecent material was stored for a bona fide law enforcement purpose and if so, the indecent material must be deleted as soon as it is not legally required anymore. (4) No one shall be prosecuted for an offence against this section without the leave in writing of the Attorney-General, who before giving leave may make such inquiries as the AttorneyGeneral thinks fit. (5) It is no defence that the person charged under this section did not know that the document to which the charge relates was indecent, unless that person satisfies the Court: (a) that the person had no reasonable opportunity of knowing it; and (b) that in the circumstances the person’s ignorance was excusable. (6) This section shall not apply to any document or matter to which the Indecent Publications Ordinance 1960 relates, whether the document or matter is indecent within the meaning of that Ordinance or not.

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