Opposition Figures Challenge Police Access To Phones

The High Court has reserved judgement in a legal challenge by five pro-democracy figures against a bid by the police to access their mobile phones.

Martin Lee, Albert Ho, Au Nok-hin, Sin Chung-kai and Yeung Sum are among 15 people being tried on charges relating to illegal assembly for their alleged involvement in a number of anti-government protests last year. In June, police said they had obtained a warrant to access their phones as part of their investigation.

In a judicial review hearing on Thursday, lawyers representing the five argued that the warrant is too wide and gives the police too much power.

They said the warrant should limit the information that officers have access to, such as data recorded within a specific period of time.

The lawyers noted that the warrant was issued after the group had appeared in court over the charges, with details already made public, so it should only relate to this case.

They also said the defendants should have the opportunity to challenge the scope of the warrant before it was issued.

Lawyers representing the government insisted the warrant did not violate privacy rights.

They also said the fact that the magistrate had issued the warrant meant the manner of the police search should be reasonable, and only information linked to the case should be accessed.

They noted that there are legal safeguards allowing people to launch court challenges afterwards.

The lawyers also said it's impossible and impractical for the police and the court to set search perimeters ahead of time. They said one cannot dictate in advance the way the police carry out their search without affecting the integrity and effectiveness of the investigation.