Hong Kong police urge Court of Appeal to relax warrant requirement for mobile phone searches in hearing that has implications for extradition bill protesters and criminal suspects
- Lawyers for the force say crime-fighting is being hampered by ‘unworkable’ warrant system, which they argue allows evidence to be deleted remotely
- Police call for suspects to be afforded less privacy is 'dangerous', says judge
Police lawyers have said requiring officers to obtain a warrant every time they wanted to access a suspect’s phone was “unworkable”, as the force’s chief sought to overturn a court ruling he warned hindered investigations.
Barrister Johnny Mok Shiu-luen SC, for Commissioner of Police Stephen Lo Wai-chung, told the Court of Appeal on Tuesday that technology had evolved to enable suspects to remotely delete evidence from devices and online storage services, if investigators failed to act promptly.
The appeal could have far-reaching implications for protesters amid the extradition bill unrest in Hong Kong, as well for criminal suspects.
Speaking on the first day of what is expected to be a three-day hearing, Mok stressed the need for police searches without a warrant, adding: “It is really to ensure that evidence and valuable information would not be lost.”
But Mok’s argument that police should be given that power because a suspect, who has attracted attention from his own conduct, should expect less privacy, was met with raised eyebrows from Mr Justice Johnson Lam Man-hon, one of the three presiding judges.
