A. Street performances and public entertainment

A. Street performances and public entertainment 

Licensing requirement under the Places of Public Entertainment Ordinance 

Under section 4 of the Places of Public Entertainment Ordinance (Cap. 172), a person must not keep or use any place of public entertainment without a licence granted under the Ordinance. A person who does so commits an offence. The penalty is a fine of $25,000, imprisonment for 6 months, and a further fine of $2,000 for every day during which the offence continues. 

Meaning of “place of public entertainment” and “public entertainment” 

A “place of public entertainment” generally means a place, building, erection, structure or vessel capable of accommodating the public in which public entertainment is carried on.  

“Public entertainment” means entertainment specified in Schedule 1 of the Places of Public Entertainment Ordinance to which the general public is admitted, whether with or without payment. “Public entertainment” includes stage performances, movies, lectures, exhibitions, dance parties, sports competitions and amusement rides. 

Application to street performances 

The Places of Public Entertainment Ordinance does not automatically apply to every performance or activity taking place in a public street or public place. 

In the landmark case T v Commissioner of Police, the Court of Final Appeal has held that the licensing regime under the Places of Public Entertainment Ordinance did not apply to a pedestrian precinct where the public had unrestricted access and there was no lawful control over admission.  

The word “admitted” carries an active meaning, requiring the organiser to have some form of control over entry and a corresponding right of exclusion.  

Accordingly, a street performance does not necessarily require a public entertainment licence simply because passers-by stop to watch it. An open performance in a public street, without control over admission, may fall outside the licensing regime under the Places of Public Entertainment Ordinance. 

Events with controlled admission 

The position may be different where an organiser sets up a clearly defined area in a public place for an entertainment event and is able to control admission to that area. In such circumstances, the licensing requirements under the Places of Public Entertainment Ordinance may potentially apply. 

Other legal restrictions on street performances 

Even where the Places of Public Entertainment Ordinance does not apply, a street performance may still be regulated under other laws. 

The Court of Final Appeal has observed that using a public street to present entertainment may, depending on its scale, amount to an obstruction or otherwise be unlawful under legislation such as the Summary Offences Ordinance (Cap. 228) or the Public Order Ordinance (Cap. 245). A performer or organiser may therefore be required to stop the activity and may face prosecution if the performance causes obstruction, public order concerns, or breaches another statutory requirement. 

Playing musical instruments in public streets or roads 

Under section 4(15) of the Summary Offences Ordinance, a person commits an offence if he plays any musical instrument in any public street or road, except under and in accordance with the conditions of a general or special permit issued by the Commissioner of Police. The penalty is a fine of $2,000 and imprisonment for 3 months. 

Practical effect 

Accordingly, even if a public entertainment licence under the Places of Public Entertainment Ordinance is not required, a person who intends to play a musical instrument in a public street or road may still need to obtain the appropriate police permit.