Contents of Section

Chapter:

390 PDFTitle:CONTROL OF OBSCENE AND INDECENT ARTICLES ORDINANCEGazette Number:48 of 2000
Section:21Heading:Prohibition on publishing obscene articlesVersion Date:07/07/2000

(1) Subject to subsection (2) any person who-

        (a) publishes;
        (b) possesses for the purpose of publication; or
        (c) imports for the purpose of publication,
any obscene article, whether or not he knows that it is an obscene article, commits an offence and is liable to a fine of $1000000 and to imprisonment for 3 years.
(2) It shall be a defence to a charge-
        (a) under subsection (1) for a defendant to prove that, at the time the offence is alleged to have been committed, the article the subject of the charge was classified as a Class III article; but he may be convicted of any other offence under this Part established by the evidence as if he had been charged with that other offence;
        (b) under subsection (1) for a defendant to prove that the article the subject of the charge is, or was at the time the offence is alleged to have been committed, classified as a Class I or a Class II article;
        (c) under subsection (1) (b) or (c) for a defendant to prove that, at the time the offence is alleged to have been committed, the article the subject of the charge was possessed or imported- (Amended 80 of 1997 s.102)
          (i) by him for the purpose of submitting it, a copy thereof or a print therefrom to the Registrar under section 13; or (Amended 80 of 1997 s. 102)
          (ii) by a person licensed under the Broadcasting Ordinance (Cap 562) for the purpose of submitting it under that Ordinance for provision under that Ordinance; (Replaced 48 of 2000 s. 44)
        (d) under subsection (1)(b) for a defendant to prove that, at the time that offence is alleged to have been committed, he-
          (i) had had no reasonable opportunity to inspect the article the subject of the charge; and
          (ii) had reasonable grounds for believing that article was not obscene; and
        (e) under subsection (1) (c) for a defendant to prove that, at the time that offence is alleged to have been committed, he had reasonable grounds for believing that the article the subject of the charge was not obscene.
(Enacted 1987)