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Ooura asked in 政治及管治公民參與 · 1 decade ago

Unauthorized photo taking

I am sure many people have experienced this.

If I find someone taking photo of another person without his/ her permission, and worse still, without any good reason or intention, can I report this action to the police for him/ her or simply stop that person's behaviour? The point is - is it against the law like in some other advanced countries?

Of course I have seen some people, who took photos of girls/ ladies, secretly with disgusting smiles. I wonder if the girls/ ladies, if they object to such photo taking bahaviour, can do something more than giving the person angry eyes and hatred look? It is not only girls/ ladies, boys/ men have the right to warn such bahaviour.

Thank you very much.

trespasser_hk@yahoo.com.hk

July 2008

1 Answer

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  • ?
    Lv 7
    1 decade ago
    Favorite Answer

    The act of taking photos without consent is not illegal itself in Hong Kong. I have to concede that the protection for privacy in Hong Kong is seriously inadequate and there is a long way to go before catching up with western countries. The only ordinance relating to privacy, namely, the Personal Data (Privacy) Ordinance, does not deal with being photographed without consent but rather deal with the collection and protection of personal data by companies.

    In most circumstances, unless there is reasonable suspicion that upskirt photos were taken, the police would not charge the accused (even if the accused was charged it would be difficult to convict him)

    Furthermore, there is not a charge specifically dealing with taking upskirt photos . To charge someone taking upskirt photos, usually charges will be brought under:

    Public Order Ordinance s.17B:Disorder in public places subsection 2

    If the defendant stayed in a place for a long time to take photos, he will be charged under:

    Crimes Ordinance s.160: Loitering subsection 1 and/or 3

    Of course you can report the taking of photos without consent to thepolice. The police will decide for itself whether to take any action.

    You are also entitled to tell him to stop if you see someone takingphotos without consent. If you see someone taking upskirt photos, youshould be entitled to restrain him also.

    The present law in Hong Kong does not give any protection to victims if1) the accused did not act in a disorderly manner (taking photos thatare not upskirt photos may not be regarded as disorderly conduct); or

    2) did not loiter

    2008-07-29 19:22:23 補充:

    sorry for being unable to include the relevant sections of the Ordinances due to word limit

    2008-07-29 19:23:09 補充:

    but both ordinances create criminal offences which can be punished by imprisonment and fine

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