Registrar to keep repository. 20. (1) The Registrar shall keep and maintain, in such manner as he thinks fit, a repository for the keeping of articles submitted for classification under section 13.
(2) Except with the consent of a Tribunal all articles submitted for classification under section 13 shall be kept in the repository for a period of 5 years from the date on which it is classified and may thereafter be disposed of in accordance with the directions of the Registrar.
PART IV
Offences
Prohibition on publishing obscene articles. 21. (1) Subject to subsection (2) any person who—
- (a) publishes;
- (b) possesses for the purpose of publication; or
- (c) imports for the purpose of publication,
any obscene article, whether or not he knows that it is an obscene article, commits an offence and is liable to a fine of $1,000,000 and to imprisonment for 3 years.
(2) It shall be a defence to a charge—
- (a) under subsection (1) for a defendant to prove that, at the time the offence is alleged to have been committed, the article the subject of the charge was classified as a Class III article; but he may be convicted of any other offence under this Part established by the evidence as if he had been charged with that other offence;
- (b) under subsection (1) for a defendant 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 or a Class II article;
- (c) under subsection (1)(b) or (c) for a defendant to prove that, at the time the offence is alleged to have been committed, the article the subject of the charge was possessed or imported by him—
- (i) for the purpose of submitting it, a copy thereof or a print therefrom to the Registrar under section 13; or
- (ii) by a person licensed to broadcast under section 8 of the (Cap. 52.)Television Ordinance for the purpose of submitting it to the panel of censors under section 32 of that Ordinance;
- (d) under subsection (1)(b) for a defendant to prove that, at the time that offence is alleged to have been committed, he—
- (i) had had no reasonable opportunity to inspect the article the subject of the charge; and
- (ii) had reasonable grounds for believing that article was not obscene; and
- (e) under subsection (1)(c) for a defendant to prove that, at the time that offence is alleged to have been committed, he had reasonable grounds for believing that the article the subject of the charge was not obscene.
