New | Court of Appeal upholds gay activist’s right to dance at 2011 rally

The Court of Appeal has upheld a gay activist’s right to dance during a 2011 rally by rejecting a police appeal.

The judgement, handed down on Wednesday, agreed with a ruling in July last year in favour of the gay activist, identified in court only as T.

The activist’s lawyer says the latest victory would prevent the police from misusing their power in stopping people from demonstrating, particularly under the Occupy Central movement.

T won the appeal after losing a judicial challenge to the police's decision to bar him and more than 100 participants from dancing during a 2011 demonstration for lesbian, gay, bisexual and transgender (LGBT) rights.

Police said the organisers did not obtain a licence for the dance performance under the Places of Public Entertainment Ordinance, despite having granted permission to the demonstration.

The Court of Appeal said the dance performance did not merit the use of the ordinance as one is required to obtain a licence only if one has control over audience admission.