Possession of child pornography

Section 3(3) of the Prevention of Child Pornography Ordinance (Cap. 579)(PCPO) provides that any persons who have in their possession any child pornography commit an offence and are liable —
(a) on conviction on indictment to a fine of $1,000,000 and imprisonment for 5 years; or
(b) on summary conviction to a fine of $500,000 and imprisonment for 2 years.

Under section 2(1) of the PCPO, a “child” is a person under the age of 16. “Child pornography” means —
(a) a photograph, film, computer-generated image or other visual depiction that is a pornographic depiction of a person who is, or is depicted as being, a child, whether it is made or generated by electronic or any other means, whether or not it is a depiction of a real person, and whether or not it has been modified; or
(b) anything that incorporates a photograph, film, image or depiction referred to in paragraph (a); and(c) includes data stored in a form that is capable of conversion into a photograph, film, image or depiction referred to in paragraph (a) and anything containing such data.

HKSAR v Kwok Po Lun [2013] HKDC 402 and [2013] HKDC 400 illustrates the scope and effect of section 3(3) of the PCPO. Cyberbullies who intimidate a child into posing naked or engaging in any other sexually explicit conduct, records such conduct with a camera and stores the images in their computers potentially commit an offence under section 3(3) of the PCPO. Though there are a number of defences to a charge in section 4 of the PCPO, none of them would apply to cyberbullies who intimidate a child into sexual activity, record that on a webcam and store it in their computers.