2 Apr 2020
SHAM WING KAN v. COMMISSIONER OF POLICE
- Citation
- [2020] HKCA 186
- Court
- Court of Appeal
- Case number
- CACV270/2017
A magistrate may issue a warrant under section 50(7) to search the digital contents of a mobile phone; the common law power of search incidental to arrest governs searches of digital contents and a warrant should normally be obtained under section 50(7) before searching digital contents, but where it is not reasonably practicable to obtain a warrant the police may conduct a warrantless search provided they have a reasonable basis that immediate search is necessary for (i) investigation including procurement or preservation of evidence or (ii) protection of safety; scope must be truly incident…