20 Aug 2020
LEE CHU MING, MARTIN AND OTHERS v. A PERMANENT MAGISTRATE, EASTERN MAGISTRACY AND ANOTHER
- Citation
- [2020] HKCFI 2028
- Court
- Court of First Instance
- Case number
- HCAL1396/2020
The application for judicial review is dismissed: the search warrants issued under s50(7) PFO were not ultra vires for lack of particularity, the absence of detailed ex ante digital search protocols on the face of the warrants did not render them invalid, retention pending lawful execution was not unreasonable on the facts, and though the Magistrate erred in declining jurisdiction to hear set-aside applications that error is academic given the lack of merit in the substantive grounds; searches remain constrained by an implied requirement of reasonableness and by after-the-event judicial revie…