According to Cap. 579 Prevention of Child Pornography Ordinance, a child means
Child pornography
What is child pornography?
According to Cap. 579 Prevention of Child Pornography Ordinance, a child means a person under the age of 16, while child pornography refers to:
- a photograph, film, computer-generated image or other visual depiction that is a pornographic depiction of a person who is or is depicted as being a child, whether it is made or generated by electronic or any other means, whether or not it is a depiction of a real person and whether or not it has been modified; or
- anything that incorporates a photograph, film, image or depiction referred to in paragraph (a), and includes data stored in a form that is capable of conversion into a photograph, film, image or depiction referred to in paragraph (a) and anything containing such data
Possible crimes
According to Section 3 of Cap. 579 Prevention of Child Pornography Ordinance, the person commits an offence in the following acts:
- Any person who prints, makes, produces, reproduces, copies, imports or exports any child pornography
- Any person who publishes any child pornography
- Any person who has in his possession any child pornography (unless he is the only person pornographically depicted in the child pornography)
- Any person who publishes or causes to be published any advertisement that conveys or is likely to be understood as conveying the message that any person has published, publishes or intends to publish any child pornography
Anyone who does the following is considered to “publish” child pornography:
- Distribute, circulate, sell, hire, give or lend the child pornography to others; or
- Show the child pornography in any manner whatsoever to another person (including but not limited to showing, playing or projecting the child pornography to or for another person using any machinery or apparatus and publicly displaying the child pornography).
In addition, anyone who induces a child to produce pornographic materials may commit an offence under Section 3138A of the Cap. 200 Criminal Offences Ordinance, namely Using, procuring or offering of persons under the age of 18 for making pornography or for pornographic performances.
The cyber world is also ruled by the Hong Kong Law, as most of the criminal laws that applicable in the real world are also applicable in the cyber world.
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