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.