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3. Can I have photographs or articles classified to determine whether or not they are liable to an offence relating to child pornography?

Yes. Photographs or articles may be submitted to the Obscene Articles Tribunal (“OAT”) for classification in accordance with section 13 of the Control of Obscene and Indecent Articles Ordinance (Cap. 390). If the OAT classifies the photographs or articles as Class I (meaning it is neither obscene nor indecent) or Class II (meaning it is indecent), this is a defence to charges under section 3 of the Prevention of Child Pornography Ordinance(Cap. 579). The OAT may impose conditions or restrictions relating to the publication of a Class II articles, for example to how they may be sold. Photographs or articles classified as Class III by the OAT cannot be published.

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