Page:Prevention of Child Pornography Ordinance (Cap. 579).pdf/11

PREVENTION OF CHILD PORNOGRAPHY ORDINANCE (4) If any summons issued under subsection (1) has not for any reason been served and the magistrate is satisfied that all reasonable efforts were made to serve the summons on the person named in the summons, he may make an order for forfeiture under section 10 notwithstanding that the summons was not served and that the person named in the summons has not been given an opportunity to show cause why the thing should not be forfeited.

(5) An order for forfeiture of any thing shall, unless the magistrate considers that there are special reasons for directing otherwise, apply to the whole of the thing.

12. Removal or effacement of child pornography

(1) If, on the application made by any public officer, a magistrate is satisfied that any child pornography is publicly displayed on any building or other structure, the magistrate may order the owner or occupier of the building or structure to remove or efface that child pornography.

(2) If a person against whom an order is made under subsection (1) fails to comply with the order within the time specified in the order, or if no time is specified, within a reasonable time, the magistrate may, on the application of any public officer by warrant, empower any police officer, with such assistance as may be necessary, to enter and if necessary to break into or forcibly enter the premises or place concerned and execute that order.

(3) A police officer in executing an order under subsection (1) shall have all the powers of a police officer acting in the execution of a warrant under section 5, including the powers mentioned in section 6.

(4) The Commissioner of Police may apply to a magistrate for an order that a person who has failed to comply with an order made against him under subsection (1) shall pay any expenses reasonably incurred by a police officer in the execution of the order under this section and the magistrate may make an order for such payment.

13. Procedure in relation to removal or effacement

(1) Before making an order to remove or efface any child pornography under section 12 the magistrate shall, unless he is satisfied that the owner or occupier of the building or other structure mentioned in that section cannot for any reason be found or ascertained, issue a summons to him to appear on a day specified in the summons to show cause why an order should not be made to remove or efface that child pornography.