Q6. Is taking pictures with mobile phones (without affecting other passengers) inside the train compartment allowed?
Taking pictures with mobile phones without affecting other passengers inside the train compartment may be allowed where it will not:
- cause nuisance or annoyance to other passengers: see By-law 25 of the Mass Transit Railway By-laws (Cap. 556B);
- molest any person or wilfully interfere with the comfort or convenience of any such person: see By-law 28H(1)(d) of the Mass Transit Railway By-laws (Cap. 556B).
However, no person shall at any time while upon the railway premises without the prior approval in writing of the MTR Corporation Limited, , use any voice recording or video recording or camera equipment for the conduct of interviews or taking or making of films or videos: see By-law 28H(1)(e) of the Mass Transit Railway By-laws (Cap. 556B).
Thus, taking pictures with mobile phones without affecting other passengers in the absence of a criminal intent, or without contravening the MTR By-laws, Public Order Ordinance (Cap. 245), Crimes Ordinance (Cap. 200), or the common law offence of outraging public decency may generally be allowed under the Law.