Across the Harbour

This morning I took a short boat ride for 5HKD (40 pence UK) across the harbour to buy a loaf of bread.  Here are just a few of things I found on the way.  Its amazing what you can see when you buy bread in any place. The lovely dog the monk and the well dressed super dog who seems to be ready for a role as an action hero in a Marvel comic.


The missing lady poster? Not to mention the singing Dwarf.  Now I was a bit concerned about this at first and morally I was concerned about my feelings for taking the photograph in the first place.  However, it does open up a number of questions firstly if they have a right to stand there and sing in public then they must expect to be photographed particularly in this year 2012 when everyone has a camera or phone. So what are my rights (and yours too) when photographing on the street am I (we) committing an illegal act? Well you may be relieved to know that the answer is NO! Here is what Andrew Flusche has to say:

Public photography is wide open 

That’s the general rule. When you’re on public property (a street, sidewalk, city park, etc) you can take pictures of what you see. This means that you can also photograph private property as long as you’re not trespassing to get the shot.

Unfortunately, life is never that simple. There are a couple exceptions to the rule and other details you need to know.

Does the photo subject expect privacy?

Even on public property, you can’t photograph somebody who has a “reasonable expectation of privacy.” Basically, that means you can’t snap shots of people in the bathroom, a dressing room, or similar places. Ask yourself: “Would the average person expect privacy?” If so, don’t take a photo.

Along the same lines, don’t sneak photographs of people from bizarre angles. In essence, you can’t go around taking “up skirt” photographs. Even if you’re on the public sidewalk.

Is it a question of national security?

It was news to me, but military bases and nuclear facilities can restrict photographs – even from the outside area. Even if you’re not trespassing onto government land, taking pictures of these installations could be illegal.

Don’t even try. We’re not talking misdemeanor illegal. You might be shipped off and never seen again. Yep, crazy illegal!

Stand your ground, politely

If your public photo opp passed these three stages, you’re probably safe to shoot some pictures. Since there are millions of scenarios in which you could be photographing, there’s no way anyone can tell you for sure, ahead of time.

But if someone does confront you about your photography, you can probably win by standing your ground.Bert P. Krages II has some great questions for you to ask, if confronted. Remember to be polite!

1. What is the person’s name?
2. Who is their employer?
3. Are you free to leave? If not, how do they intend to stop you if you decide to leave? What legal basis do they assert for the detention?
4. Likewise, if they demand your film, what legal basis do they assert for the confiscation?

I’m not encouraging you to break the law, but I also hate seeing people cower when someone confiscates their camera. Private parties cannot take your personal property without a court order. And unless a police officer is arresting you, he cannot take your property either.