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發表於 2011-6-3 16:15:51
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黑仔神 發表於 2011-6-3 10:07
please further why it doesn't make sense?
"在公眾地方拍攝途人,不會構成任何罪行,惟拍攝前若未經當事人同意,因而引起對方或公眾不安,或抱持非法目的拍攝,則有機會觸犯遊蕩罪 或有違公德罪"
咁即喺大部份情況下都可以俾人告
Very briefly, to answer your question:
"在公眾地方拍攝途人,不會構成任何罪行". Subject to conditions, this may be but not asbsolutely the case. e.g. if the conduct leads to any "fear or alarm" of a general public , it might be a breach of the peace...............
"惟拍攝前若未經當事人同意,因而引起對方或公眾不安,或抱持非法目的拍攝,則有機會觸犯遊蕩罪 或有違公德罪"
遊蕩罪, loitering (section 160 of the Crmine Ordinance) requires proof of elements such as intention to commit an arrestable offence, or wilfully obstruction....in a public place, 事人同意 is irrelevant.
引起對方或公眾不安, may not be criminally liable and would probably not, subject to proof of the elements under individaual offences. A sexy girl 引起 my 不安 but is not a criminal offence and would not 觸犯遊蕩罪
Is 有違公德罪 an offence? what is 抱持非法目的拍攝? |
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