PREVENTION OF CHILD PORNOGRAPHY ORDINANCE 12 Section 4 Cap. 579 (iii) he believed on reasonable grounds that the person was not a child when originally depicted and that the person was not depicted as a child. (3) It is a defence to a charge under section 3(3) for the defendant to establish— (a) that his possession of the child pornography was for a genuine educational, scientific or medical purpose; (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. Last updated date 20.12.2003