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What the!

 

According to a news report in the local Apple Daily (as a reference, in the case of the UK, it is equivalent to the sum of the Sun and the Guardian), the DOLCE & GABBANA shops sent shop attendants and then security personnel to chase away people (journalists who did the investigation report after receiving readers' complaints) taking photos which include their window displays from the sidewalk or outside their shops on the pretext that the photos may be used for producing counterfeit products and mimicking the expensive window display design.

It is also reported that photography in such situations will be allowed for tourists but not for locals.

The local photography community is enraged by the draconian treatment of photographers and unreasonable claim to property rights.  Some people have already called via Facebook for people to take part in Sunday's photography group to shoot outside the shops.  The group will start the open defiance from 3 to 5 that day.

Here are some legal Q&As about street photography in Hong Kong:

Q:Where can I photograph at will?
A:There is no law in Hong Kong prohibiting people from taking photographers at public places, with the exception of private premises  where the owners can stipulate a “no photograph” rule and demand rule breakers to leave.

Q:Can I shoot private premises from a public area?
A:A private premises that can be visually accessed with a bare eye from a public area are taken to be displaying to the public, of which photography shall be allowed.

Q:Is it illegal if in that case the photos include copyrighted products and trademarks in a window display?
A:It shall not be construed as copyright infringement  unless proof can be obtained on one having used the trademarks to counterfeit the same to achieve the purpose of sale.  Otherwise, such items in display shall be regarded as displaying to the public and allow photography by the public.

Q:If a passer-by is photographed, can the person demand the photographers to delete the photos or sue the latter?
A:Hong Kong does not protect portrait rights in law.  Photographing passers-by is not a violation in law.  The passers-by have no right to demand deletion of the photos.  However, an injunction can be obtained from court for reason of being stalked or privacy to demand cessation of the shooting or publication of the photos.

Q:Under what circumstances will photographing in public areas result in public prosecution?
A:A charge on indecent act may be made if the photographers purposefully point the lens closely to others’ body parts or photograph others' chests or from under a skirt and so on.

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