Catalog / Publishes adult content / LXD-5949

Publishes adult content, in Hong Kong

Control of Obscene and Indecent Articles Ordinance, section 22, publishing an indecent article to a person under 18since 5 lines

Control of Obscene and Indecent Articles Ordinance (Cap. 390), s. 22 · Read the law's page

  • Do not publish an indecent article to a person under 18, whether or not you know that the article is indecent or that the person is under 18 (s. 22(1)).
  • An article is published when it is distributed, circulated, sold, hired, given or lent to the public or a section of the public (s. 2(4)(a)), so check the age of the person you are dealing with before you hand over an article that is indecent.
  • To rely on the identity-document defence, inspect an identity card or passport purporting to be the juvenile's and believe on reasonable grounds that the person is not a juvenile (s. 22(2)(b)).
  • Publishing an article that a Tribunal has classified as Class I, or publishing in compliance with conditions the Tribunal imposed, is also a defence (s. 22(2)(a) and (c)).
  • A Tribunal finding that the publication was intended for the public good, as being in the interests of science, literature, art or learning, or any other object of general concern, is a further defence (s. 28).
Control of Exemption Clauses Ordinance, sections 7, 8, 10 and 11, limits on excluding liability for negligence and for defective goodssince 8 lines

Control of Exemption Clauses Ordinance (Cap. 71), ss. 7-8, 10-11 · Read the law's page

  • Do not rely on a contract term or a notice to exclude or restrict your liability for death or personal injury resulting from negligence; such a term or notice has no effect (s. 7(1)).
  • A term or notice that excludes or restricts your liability for other loss or damage resulting from negligence is effective only in so far as it satisfies the requirement of reasonableness, and a person's agreement to or awareness of it is not of itself voluntary acceptance of the risk (s. 7(2), (3)).
  • Where the other party deals as consumer or on your written standard terms of business, a term that excludes or restricts your liability for your own breach, or that lets you perform differently from what was reasonably expected or not at all, is effective only in so far as it satisfies the requirement of reasonableness (s. 8).
  • Do not use a term or notice in a guarantee of consumer goods to exclude or restrict liability for loss or damage from a defect that results from the negligence of a person concerned in the manufacture or distribution of the goods (s. 10(1)).
  • Against a person dealing as consumer, you cannot exclude or restrict liability for breach of the seller's undertakings as to description, sample, quality or fitness for purpose under sections 15 to 17 of the Sale of Goods Ordinance (s. 11(2)).
  • Against a business buyer, an exclusion of the sections 15 to 17 undertakings is effective only in so far as it satisfies the requirement of reasonableness (s. 11(3)).
  • Sections 7 and 8 do not apply to a contract so far as it relates to the creation or transfer of a right or interest in a copyright, patent, trade mark, registered design, technical or commercial information or other intellectual property (Sch. 1, s. 1(c)).
  • These limits bind only business liability, meaning liability for breach of obligations or duties arising from things done or omitted in the course of a business (s. 2(2)).
Prevention of Child Pornography Ordinance, sections 3 and 4, offences relating to child pornographysince 5 lines

Prevention of Child Pornography Ordinance (Cap. 579), ss. 2-4 · Read the law's page

  • Do not publish child pornography; publishing includes distributing, circulating, selling, hiring, giving or lending it to another person and showing it to another person, and distributing includes making any message or data available through any means of electronic transmission (ss. 2(1), 2(2), 3(2)).
  • Treat a computer-generated image or other visual depiction of a person who is or is depicted as being a child as child pornography, whether or not it depicts a real person and whether or not it has been modified; a child is a person under 16 (s. 2(1)).
  • Do not print, make, produce, reproduce, copy, import or export child pornography (s. 3(1)).
  • Do not publish, or cause to be published, an advertisement that conveys or is likely to be understood as conveying the message that any person has published, publishes or intends to publish child pornography (s. 3(4)).
  • Do not possess child pornography; if it comes into your possession without your having asked for it, endeavour to destroy it within a reasonable time (ss. 3(3), 4(3)(d)).
Crimes Ordinance, sections 159AAD and 159AAE, publishing or threatening to publish intimate images without consentsince 6 lines

Crimes Ordinance (Cap. 200), ss. 159AA, 159AAD-159AAE, 159AAG · Read the law's page

  • Do not publish an intimate image of an individual without that individual's consent, intending the publication to cause humiliation, alarm or distress, or knowing or being reckless as to whether it will or is likely to (s. 159AAE(1)).
  • Do not make a threat to publish an intimate image of an individual without that individual's consent (s. 159AAE(2)).
  • Treat an image altered to appear to show an intimate part of the individual, or the individual doing an intimate act, as an intimate image, unless it is so altered that no reasonable person would believe that it shows one (s. 159AA(1)).
  • Making available a hyperlink, or a location on an electronic platform, that gives access to the image counts as publishing it (s. 159AA(4), (5)).
  • Do not publish an image that you know, or are reckless as to whether, originates from voyeurism or from unlawful recording of intimate parts, disregarding whether the individual consents (s. 159AAD(1)).
  • Consent from an individual under 16 or a mentally incapacitated person does not prevent the conduct from being an offence (s. 159AAG).
Crimes Ordinance, sections 159AAK to 159AAN, disposal orders to remove, delete or destroy intimate imagessince 3 lines

Crimes Ordinance (Cap. 200), ss. 159AAK-159AAN · Read the law's page

  • If a magistrate orders you, whether in Hong Kong or elsewhere, to take reasonable steps to remove, delete or destroy an intimate image you control or possess, or to cause its removal, deletion or destruction, do so within the period the order specifies (s. 159AAL(1)).
  • If you are named as the subject person in a summons, appear on the day specified to make representations; a person with an interest in the image, or directly affected by the order, may also appear (s. 159AAM(2), (3)).
  • A summons or disposal order is regarded as served in Hong Kong when it is served by hand, left at your last known address or sent by registered post to that address (s. 159AAN(3)).

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 1, : the entry was first published.

See also

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