Hong Kong Ordinances

PREVENTION OF CHILD PORNOGRAPHY ORDINANCE - SECT 2

Interpretation

(1) In this Ordinance, unless the context otherwise requires—

"assisting officer" (協助人員) means a member of the Customs and Excise
Service or a police officer called on to assist an authorized officer under
section 5(2);

"authorized officer" (獲授權人員) means any person authorized by a
warrant issued under section 5;

"child" (兒童) means a person under the age of 16;

"child pornography" (兒童色情物品) means—

   (a)  a photograph, film, computer-generated image or other visual depiction
        that is a pornographic depiction of a person who is or is depicted as
        being a child, whether it is made or generated by electronic or any
        other means, whether or not it is a depiction of a real person and
        whether or not it has been modified; or

   (b)  anything that incorporates a photograph, film, image or depiction
        referred to in paragraph (a), and includes data stored in a form that
        is capable of conversion into a photograph, film, image or depiction
        referred to in paragraph (a) and anything containing such data;

"distribute" (分發) includes making any message or data available through
any means of electronic transmission;

"film" (影片) means—

   (a)  a cinematograph film and includes any sound-track associated with such
        film;

   (b)  a videotape or laserdisc and includes any sound-track associated with
        such videotape or laserdisc;

   (c)  a still film and includes any sound-track associated with such film;

   (d)  any other record of visual moving images that is capable of being used
        for the subsequent screening of those images and includes any
        sound-track associated with such record;

   (e)  any combination of the films referred to in paragraphs (a),

   (b)  , (c) and (d); or

   (f)  an excerpt or part of a film referred to in paragraph (a), (b),

   (c)  , (d) or (e);

"photograph" (照片) includes the negative as well as the positive version of
a photograph;

"pornographic depiction" (色情描劃) means—

   (a)  a visual depiction that depicts a person as being engaged in explicit
        sexual conduct, whether or not the person is in fact engaged in such
        conduct; or

   (b)  a visual depiction that depicts, in a sexual manner or context, the
        genitals or anal region of a person or the breast of a female person,
        but, for the avoidance of doubt, a depiction for a genuine family
        purpose does not, merely because it depicts any part of the body
        referred to in paragraph (b), fall within that paragraph;

"still film" (定畫影片) means a slide, or a series of slides, including
single frames of a film, of visual non-moving images that is or are capable of
being used for the subsequent screening of those images.

(2) For the purposes of this Ordinance, a person publishes any
child pornography if he, whether or not for any form of reward—

   (a)  distributes, circulates, sells, hires, gives or lends the child 
        pornography to another person; or

   (b)  shows the child pornography in any manner whatsoever to another person
        (including but not limited to showing, playing or projecting the
        child pornography to or for another person using any machinery or
        apparatus and publicly displaying the child pornography).

(3) Any child pornography that is displayed in or so as to be visible from—

   (a)  any public street or pier, or public garden; or

   (b)  any place to which the public have or are permitted to have access
        (whether on payment or otherwise), shall for the purposes of this
        Ordinance be regarded as child pornography publicly displayed.

"assisting officer" (協助人員)

"authorized officer" (獲授權人員)

"child" (兒童)

"child pornography" (兒童色情物品)

"distribute" (分發)

"film" (影片)

"photograph" (照片)

"pornographic depiction" (色情描劃)

"still film" (定畫影片)