'Police Can Search Phones Without Warrants'

The Court of Appeal heard on Tuesday that the police should have the power to seize and search a suspect’s phone without delay, to ensure that valuable information is preserved.

The police filed an appeal after a lower court ruled in 2017 that officers need a warrant to search the phone of suspects in non-emergency situations.

Sham Wing-kan was a truck driver working for the Civil Human Rights Front and leading the annual July 1st protest march in 2014.

Sham was accused of not following police instructions. He later sued the police for searching his phones without authorisation.

Senior Counsel Johnny Mok, arguing for the Department of Justice, said searching the phones of suspects could help officers identify and find out the whereabouts of possible accomplices.

He also said while a balance should be struck between privacy and law enforcement, the "exigent" standards set by the trial judge are simply "unworkable" in Hong Kong.

These refer to an imminent threat to public safety or to police officers; an imminent loss or destruction of evidence; or the discovery of evidence is in extremely urgent and vulnerable situation.

The hearing continues.

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