- Court of Appeal sides with the force, quashing an earlier ruling that declared such searches constitutional only in specific circumstances
- Case was brought to court in 2014 after officers seized five mobile phones from a protester at a pro-democracy march
Hong Kong police have won an appeal for broader powers to search, without a warrant, the electronic devices of people they arrest, after a court found the practice lawful even when there is no emergency to justify an immediate perusal.
Three judges of the Court of Appeal on Thursday sided with the police chief in quashing a lower court's ruling that declared such searches constitutional only in exigent circumstances, and laid out the conditions for conducting a search when it is not reasonably practicable to obtain a warrant in advance.
They concluded that officers need only a reasonable basis that an immediate search is necessary in two circumstances, namely, for investigating the offence the person was arrested for, or for the protection of the victims, the public, police, or the arrested individual.
But the examination should only be limited to contents relating to those two scenarios, and officers are required to provide an adequate written record of the purpose and scope of search as soon as reasonably practicable, without jeopardising ongoing investigations.
The case was first brought to court in 2014, after police seized five mobile phones from protester Sham Wing-kan following the annual July 1 pro-democracy march organised by the Civil Human Rights Front.
More to follow
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Dc SCMP tends to leave out the most important information. It is also in the judgment that the police cannot force the phones’ owner to give them the password to their phones.
2020年04月02日18:02
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