G. Publication of images originating from commission of offence under section 159AAB(1) or 159AAC(1)

G. Publication of images originating from commission of offence under section 159AAB(1) or 159AAC(1)

It is an offence contrary to section 159AAD of the Crimes Ordinance (Cap. 200) to publicise images originating from voyeurism or unlawful recording or observation of intimate parts.

Under section 159AAD, it is an offence if the person:

1. publishes an image of an individual;
2. the image originates from the commission of the offence of voyeurism under section 159AAB(1) or the offence of unlawful recording or observation of intimate parts under section 159AAC(1);
3. knows or is reckless as to whether the image originates from the the commission of an offence under section 159AAB(1) or 159AAC(1); and
4. disregards whether the individual consents to the publication.

The maximum penalty for this offence is 5 years' imprisonment.

1. “Publishes”

A person “publishes” an image if the person:

1. distributes, circulates, makes available, sells, hires, sends, gives or lends the image to another person; or
2. shows the image in any manner to or for another person.

2. "Knows that" or "is reckless as to whether" the image originates from the commission of a specified offence

The prosecution must prove that the publisher knows that the image originates from the commission of a specified offence, or is reckless as to whether the image originates from the commission of the offence, and disregards whether the subject individual consents to the publication.

A person would be treated as if they knew that a specified offence has been committed if the person is aware of all the matters that must be established in order to prove the specified offence. A person is taken to be reckless as to whether a specified offence has been committed if the person is reckless as to the existence of all those matters.