Hong KongCrimes Ordinance, sections 159AAK to 159AAN, disposal orders to remove, delete or destroy intimate images
Crimes Ordinance (Cap. 200), ss. 159AAK-159AAN
In force since .
A notice and action rule binding private bodies.
As of .
What it requires
- 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)).
These lines are LexLint's reading of the law's text, as of .
What this law does
A magistrate may, on application made in the name of the Secretary for Justice during criminal proceedings in relation to a specified offence concerning an image, order a person, whether in Hong Kong or elsewhere, to take reasonable steps to remove, delete or destroy the image, or to cause its removal, deletion or destruction, within a period the magistrate specifies. A specified offence is an offence, or an alleged offence, under section 159AAD or 159AAE.
The application must identify the image, prove that it is an intimate image of an individual and a subject of the criminal proceedings, and prove that the person has the means to control, or is in possession of, an image and is able to take the actions the order requires. A magistrate must not make a disposal order unless satisfied that all matters required to be proved have been proved on a balance of probabilities.
Before making a disposal order the magistrate must issue a summons to the person to appear and make representations. A disposal order may be reviewed and affirmed, suspended, varied, cancelled or revoked by the magistrate on the magistrate's own motion, on application by the Secretary for Justice, or on application by the subject person or a concerned person.
A summons or disposal order is regarded as duly served in Hong Kong on a person if it is served by hand, left at the person's last known address or sent by registered post to that address. The Crimes (Amendment) Ordinance 2021 (35 of 2021) came into operation on .
When LexLint raises it
When your app profile says your app operates a social platform or publishes adult content.