If you’re a blogger from Hong Kong, watch out!

Watch out when you want to post “obscene” materials, well, if you are from Hong Kong. But what does that mean, really? Do I have to live in Hong Kong physically? Or does the server have to live in Hong Kong physically? What if a HK resident blogs outside Hong Kong onto the server sitting in HK? What if the server resides outside Hong Kong?

But back to the story, yes, Hong Kong blogger Oiwan is facing a maximum penalty of HK$ 400,000 (~US$5200) and 12 months jail time, because he has posted a picture from Flickr in his blog entry on inmediahk.net. The entry has been classified as “Class II indecent articles” by the Obscene Articles Tribunal in Hong Kong.

He posted the picture as a response to the earlier judgment made to a Hong Kong resident posting links to some porn pictures.

Perhaps this will clarify for you a bit: local authority Obscene Articles Tribunal’s classification of contents in any medium as “indecent” are categorized as “Class II”, while “obscene” materials are categorized as “Class III”. Any Class II content has to include a warning statement: “Warning: This article contains material which may offend and may not be distributed, circulated, sold, hired, given, lent, shown, played or projected to a person under the age of 18 years.” Anyone who publishes, possesses or imports for the purpose of publication a Class III article is liable to a fine of HK$1 million and to imprisonment for 3 years.

What does it mean by Class II and Class III? Let me give you an example. Nude pictures is Class II and hardcore porn would be considered as Class III.


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