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