Page:Control of Obscene and Indecent Articles Ordinance 1987 (Cap. 390).pdf/12

A44 22. (1) Subject to subsection (2), any person who publishes any indecent article to a person who is a juvenile, whether or not he knows that it is an indecent article or that such person is a juvenile, commits an offence and is liable to a fine of $200,000 and to imprisonment for 12 months.

(2) It shall be a defence to a charge under this section to prove that—
 * (a) the article the subject of the charge is, or was at the time that the offence is alleged to have been committed, classified as a Class I article;
 * (b) at the time that the offence is alleged to have been committed, the person so charged inspected an identity card or passport purporting to be the identity card or passport of the juvenile and believed on reasonable grounds that the juvenile was not a juvenile; or
 * (c) the indecent article was published in compliance with conditions relating to its publication imposed by a Tribunal under section 8(2)(c).

23. (1) If any indecent matter is publicly displayed the person making the display and any person causing or permitting the display to be made, whether or not he knows that the matter is indecent, commits an offence and is liable to a fine of $200,000 and to imprisonment for 12 months.

(2) Nothing in this section shall apply in relation to any matter—
 * (a) included in a television broadcast by a company licensed to broadcast under the Television Ordinance; or
 * (b) included in the display of an article in a bona fide art gallery or museum and visible only from within that gallery or museum.

24. (1) No person may publish an indecent article unless there is clearly and conspicuously displayed on that article or on a wrapper enclosing that article, a notice in the following form—
 * “WARNING: THIS ARTICLE CONTAINS MATERIAL WHICH MAY OFFEND AND MAY NOT BE SOLD TO A PERSON UNDER THE AGE OF 18 YEARS
 * 警告：本物品內容可能有不良成份；本物品不可售給年齡未滿十八歲人士. ”

(2) Subject to subsection (3), any person who contravenes subsection (1), whether or not he knows that the article is an indecent article, commits an offence and is liable to a fine of $200,000 and to imprisonment for 12 months.

(3) It shall be a defence to a charge under this section 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 article.

25. Where an article is classified as a Class III article by virtue only of an interim classification, any person who publishes that article, whether or not he knows it has been so classified, commits an offence and is liable to a fine of $1,000,000 and to imprisonment for 3 years.

26. Any person who—
 * (a) publishes;
 * (b) possesses for the purpose of publication;
 * (c) imports for the purpose of publication,