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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