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Judge left perplexed by reasoning over warrant

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SCMP Reporter

At least one of the three judges was troubled by the reasoning of Apple Daily as to the validity or otherwise of a warrant for seizure of journalistic materials.

Mr Justice Brian Keith, who asked most of the questions from the bench during the three-day hearing, had a special request for Philip Dykes, SC.

Mr Dykes, for the newspaper, was asked to put into writing 'an analysis, step by step, as to why section 10 can't cover seizure of journalistic material'.

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The section of the Independent Commission Against Corruption Ordinance gives officers the power to seize any material which they have reason to believe is, or contains evidence of, corruption offences.

But Mr Dykes argued that this ordinance did not cover the seizure of journalistic materials.

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The warrant could not give a power wider than the existing ICAC power, which he said, did not cover journalistic material.

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