Page:Prevention of Child Pornography Ordinance (Cap. 579).pdf/14

PREVENTION OF CHILD PORNOGRAPHY ORDINANCE “Certain sexual offences committed against children outside Hong Kong; related arrangements and advertisements
 * 153P. Extra-territorial effect of sexual offence provisions listed in Schedule 2
 * (1) Where—
 * (a) (i) a person who is a Hong Kong permanent resident or who ordinarily resides in Hong Kong;
 * (ii) a body corporate that is incorporated or registered in Hong Kong; or
 * (iii) a body of persons, whether corporate or unincorporate, that has a place of business in Hong Kong,
 * commits any act outside Hong Kong; and
 * (b) the act—
 * (i) would have constituted an offence under any of the provisions specified in Schedule 2 had it been committed in Hong Kong; and
 * (ii) is committed in relation to a person under the age of 16 or, in the case of an offence under section 123 or 140, under the age of 13,
 * then the person or body shall be guilty of that offence.
 * (2) Where any person or body of persons, whether corporate or unincorporate, commits any act outside Hong Kong that—
 * (a) would have constituted an offence under any of the provisions specified in Schedule 2 had it been committed in Hong Kong; and
 * (b) is committed in relation to a person who is a Hong Kong permanent resident or who ordinarily resides in Hong Kong and is—
 * (i) under the age of 16; or
 * (ii) in the case of an offence under section 123 or 140, under the age of 13,
 * then the person or body shall be guilty of that offence.
 * (3) Where a defendant is charged with an offence that is an offence by virtue of subsection (1) or (2) and involves a sexual act done by him with or to another person, it is a defence for the defendant to establish that—
 * (a) at the time of the sexual act, there existed between the defendant and that other person a marriage that was valid, or recognized as valid, under the law of—