Hong Kong Ordinances

CONTROL OF OBSCENE AND INDECENT ARTICLES ORDINANCE - SECT 27A

Prohibition on possession of indecent article for the purpose of publication

(Past version on 30/06/1997).

(1) Subject to subsection (2), any person who possesses for the purpose of
publication any indecent article in respect of which any requirement of
section 24 or any condition imposed under section 8(2)(c) is contravened,
whether or not he knows that it is an indecent article, or that the indecent
article contravenes any requirement of section 24 or that any condition
imposed under section 8(2)(c) is contravened, commits an offence and is liable
to a fine of $400000 and to imprisonment for 12 months on his first
conviction, and to a fine of $800000 and to imprisonment for 12 months on a
second or subsequent conviction.

(2) It shall be a defence to a charge under this section for the defendant to
prove that-

   (a)  the article the subject of the charge is, or was at the time the
        offence is alleged to have been committed, classified as a Class I
        article;

   (b)  at the time the offence is alleged to have been committed, the article
        the subject of the charge was possessed by him-

        (i)    for the purpose of submitting it, a copy thereof or a print
               therefrom to the Registrar under section 13; or

        (ii)   as a person licensed under the Broadcasting Ordinance ( Cap 
               562) for the purpose of submitting it under that Ordinance for
               provision under that Ordinance; (Replaced 48 of 2000 s. 44)

   (c)  at the time the offence is alleged to have been committed, he-

        (i)    had had no reasonable opportunity to inspect the article the
               subject of the charge; and

        (ii)   had reasonable grounds for believing that the article was not
               indecent; or

   (d)  at the time the offence is alleged to have been committed, he had good
        and sufficient reasons to believe that the requirements of section 24
        and the conditions imposed under section 8(2)(c) had been complied
        with. (Added 73 of 1995 s. 10)