朱培慶 - 桃色醜聞

2007-07-11 11:16 pm
Do we have a lawyer here ? can anyone just take a picture of you without your consent ? and publish it later for commercial purpose ?How come people taking pictures of girls in MTR gets a felony charge, and those reporters gets nothing ? Both the MTR guy and the reporter took a picture with a camera, both subject did not give permission to have the picture taken, neither pictures contain any sexual content. . Why aren't those reporters prosecuted ?
更新1:

Thanks keiyu.

更新2:

Is it illegal to take a picture of a girl fully clothed ? why can't we call the police when someone takes an unwelcome picture of us ? What is the exact context of the HK law regarding this matter ?

更新3:

I understand the guy at the MTR didn't have the best intention taking candid photos, but one can argue that he was just picking the best angle for his composition.

更新4:

The foul landguage use in MTR is another subject. I'll ask another question for that.

回答 (1)

2007-07-11 11:56 pm
✔ 最佳答案
All you are talking about is intellectual property rights. Yes, in Hong kOng, people can just take a picture of a person (if the content of what they are reporting is real and fact) But for commerical purposes, no! In HK the law of privacy and intellectul property is very un-developed. In the above case, the camera and film belongs to the holder-just like a foreign visitor can take pictures of people in the streets while touring around!
In the MTR is a different case. Because the place belongs to the MTR company, the land lord has any right to take its own rule-e.g. if you use foul language in traveling the train or in the MRT stations, the staff can fine you for at lesat $500.
he reporters are not prosecuted because (1) there are just too many people taking the pictures hiding in every corner-the person who wrote the article may not be the one who took the picture. (2) As a public figure, every one has the right to report about him . If he thinks that the person is mis-represnting him in a negative way-he can sue the magazine or newspapers. (3) If the perosn sue the reporter, the issue will be made more seriously as many people will give their opinions and therefore the name of the person willbe more destroyed.
In HK, the law of intellectual property rights are very unclear.
One interesting thing for your reference-if you use a tool to secreting pipe into the person in the room (the lady having sex or change clothes), the person is not considered to be unlawful because you are at your own private property doing legal things. Moreover, it's very difficult tp prove your bad intention. You can say to the judge that you are just looking at some other things using your equipment in your private property.


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