PREVENTION OF CHILD PORNOGRAPHY ORDINANCE
20
Section 10
Cap. 579
(1) The following are liable to forfeiture in accordance with this
Ordinance—
(a) any child pornography that has come into the possession
of the police or the Customs and Excise Service;
(b) any—
(i) machinery or apparatus used for showing, playing
or projecting any child pornography; or
(ii) machinery, plate, implement, utensil, photographic
film or material used for the purpose of the
commission of an offence under section 3(1);
(c) any thing seized, removed or detained under section 5 or
7.
(2) Subsection (1)(b) does not apply to any thing that is used by
a public officer in the execution of his duties.
10.
Order and direction for forfeiture
(1) Subject to subsection (2) and section 11, where an application
is made by a public officer to a magistrate for an order for
forfeiture, the magistrate may, in the case of any thing that is
before him and is liable to forfeiture under section 9, order it
to be forfeited.
(2) Where a person charged with an offence under section 3 has
established any ground of defence—
(a) under section 4, an order for forfeiture shall not be made
under subsection (1) in respect of any thing that relates
to the charge and is not child pornography; or
(b) under section 4(1), (2)(a) or (b) or (3)(a) or (b), an order
for forfeiture shall not be made under subsection (1)
in respect of any thing that relates to the charge and is
child pornography.
Last updated date
20.12.2003
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