Whether the aerial antics and the audience of a busker are a threat to public safety is at the heart of a court case in which a well-known street performer has been charged.

The prosecution argued that a juggling act caused consternation among a group of more than 60 onlookers viewing the skills of street performer So Chun-chau.

So, appearing in court Wednesday in his trademark black and white striped outfit, complete with suspenders and salt and pepper hair, has pleaded not guilty to obstruction of a public place, stemming from an April 6 performance during the Ching Ming Festival holiday on Causeway Bay's Great George Street.

Calling no witnesses, So's barrister Joseph Lee said So's performance constituted a reasonable use of the roadway in that it did not infringe the rights of others.

"So did not compel or force any of his spectators to stay and watch,"he said.

"He is not responsible for the crowd just like a (pretty girl) would not be if she drew a crowd by handing out ice cream, or Andy Lau would not be if he drew a crowd that stopped to take pictures and ask for autographs," he said.

Senior Public Prosecutor Patty Lee submitted to the court that So's juggling act constituted a threat to passers-by. She noted the performance included tricks performed on a diabolo, a spool juggled on a piece of string tied to two sticks.

Testifying for the prosecution, four police officers said they received a complaint just before 6:30 pm and found 60 to 70 pedestrians circled around So.

So's routine, which involved handing out balloons, juggling various objects and flinging the diabolo spool some 30 feet into the air, was cause for alarm. Many onlookers cooed with concern while others stepped back as So moved to catch the falling spool, the officers said.

An insurance manager and nearby resident who lodged the complaint testified So defied police when they ordered him to produce identification. The witness added his son was terrified by the juggling act.

Testimony varied as to whether the entire roadway was blocked, with some saying there was no way around while others said there were detours around and through the crowd.

Deputy Special Magistrate Lau Wai-chung will make a ruling August 18. So, the 50-year-old sole bread winner for his family of four, says he plans to continue performing in Causeway Bay and Mong Kok.

The government launched a six-month licensing scheme on a trial basis for street performers last month to encourage street entertainers. So remains unlicensed.

Through auditions performers will be licensed and allowed to showcase at various piazzas in Tsim Sha Tsui, Sha Tin and Kwai Tsing. Some local artists, including So oppose the short-term pilot, arguing they were not consulted.

So has been in court before because of his act but the charges were subsequently dropped.

A spokeswoman for the Home Affairs Department said street performances are not illegal but they must observe prohibitions on noise nuisance, obstructions to public places and performances must not be indecent in nature.

China Daily

(HK Edition 08/12/2010 page1)