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SCMP Reporter

It may be illegal to possess lewd pictures
Possessing nude pictures related to the current Canto-pop sex scandal may be illegal, the police chief has warned, as four more suspects are arrested for allegedly uploading the  images of graphic sex acts onto the internet.
Three men and a woman, aged 29 to 31, had not been charged as investigations were  continuing, police said yesterday.
The four were suspected of possessing nude pictures for circulation.
The latest arrests came after a man, 29, was charged with one count of publishing an obscene article on January 27.
Commissioner of Police Tang King-shing said the four were not linked to the man arrested earlier.
Mr Tang also warned several times that it might be illegal to  possess the nude pictures.
'Even possessing the picture might be illegal, but of course, we will look at the numbers,' he told a radio programme.
Knowing that many people were worried that they might have committed a crime, Mr Tang  said the charge would depend on the amount.
'The amount might determine the intention. It is illegal to have many of these pictures, as  they might be used for publishing or selling.
'What is the meaning of many? One hundred pictures? Two hundred pictures?
'I don't think it is a matter of the number, but we also have to look at whether the number is reasonable. Also we have to consider other factors as evidence.'
Legislator James To Kun-sun said it was difficult to prove the intention. Mr To was worried that what Mr Tang said would make people nervous as many had seen the nude pictures.
He said the police should exert  their energy catching the primary source, rather than scaring innocent people who might have seen the pictures.
'It seems to me that the police want to show they have made some progress by arresting people. However, I think they are using a wrong approach,' Mr To said.
Lawyer Wong Kwok-tung  also agreed that Mr Tang's words would create confusion.
'Is holding nude pictures illegal? This is not drugs, guns or knives. This can be a personal habit,' Mr Wong said.
Law lecturer Eric Cheung Tak-ming, of the University of Hong Kong, felt the police had withheld concrete evidence fearing it would create unnecessary confusion.
Mr Tang said the police had contacted their counterparts on the mainland and overseas when asked if Hong Kong could tackle websites originating from across the border. He denied the police were paying disproportionate attention to the case.
'We're not doing this because the case is related to celebrities. We also look at how serious it is and the concerns of the public. In the past, we have arrested  people on similar charges.  [The media] are the ones paying special attention to the case, not because we are high-profile.'
The stars involved in the  scandal have not commented directly on the photos but have issued statements  condemning their release.



Police warn public  over Net nude photos