The police were justified in halting dancers during a gay rights rally last year because organisers had not obtained a licence under the entertainment ordinance, a court ruled yesterday.
The ruling stems from a constitutional challenge lodged earlier this year by a participant in the rally, identified only as T.
His lawyers argued that the dancing was not entertainment but the promotion of social justice.
However, the Court of First Instance found the event could be considered a form of entertainment under the Places of Public Entertainment Ordinance. Mr Justice Johnson Lam Man-hon said the law required a licence for such events and the organisers failed to get one.
The rally, marking the seventh International Day Against Homophobia (Idaho), took place in Causeway Bay on May 15 last year.
It was organised by Amnesty International and an alliance of lesbian, gay, bisexual, transgender and intersex groups.
'Having watched the video produced by the parties taken in respect of Idaho, I am of the view that part of the event was an exhibition of dancing, as such coming within the meaning of 'stage performance' [in the ordinance],' the judge said. The safety of the stage could affect passers-by as well as performers and unforeseen emergencies could have arisen.