Tycoon Jimmy Lai loses Court of Appeal bid to block Hong Kong police inspection of his mobile phones over national security charges
- Chief judge rules journalistic material ‘not immune from search and seizure’ in criminal investigations
- Owner of closed Apple Daily newspaper to face trial on national security charges in December; English King’s Counsel approved to join defence team
Lai, 74, is to be tried in front of a three-judge panel in December on charges of conspiracy to collude with foreign forces and conspiracy to publish seditious material.
Chief Judge of the High Court Jeremy Poon Shiu-chor and madam justices Susan Kwan Shuk-hing and Carlye Chu Fun-ling endorsed the lower court’s finding in their ruling.
Poon, who wrote the judgment, said police must have wide powers to conduct effective searches in connection with national security allegations to nip any transgressions in the bud, as required by the Beijing-imposed law.
“Although always subject to the protection and procedural safeguards based on public interest and vigilant judicial scrutiny, journalistic material is not immune from search and seizure in the investigation of any criminal offence,” Poon ruled. “As a matter of principle, the same must be true for offences endangering national security.”