17 Jan 2018
HKSAR v. INDRA AGUS SETIAWATI
- Citation
- [2018] HKCFI 79
- Court
- Court of First Instance
- Case number
- HCCC318/2017
Section 17A(3) is, in substance, indistinguishable from section 50(6) of the Police Force Ordinance and therefore the implied limitation identified in Sham Wing Kan applies: examination of the contents of a seized mobile phone without a warrant violates constitutional privacy rights unless exigent circumstances (or equivalent impracticability of obtaining a warrant) exist. The examination in this case, conducted several hours after arrest without a warrant and without exigent circumstances, was a breach of privacy. Nonetheless, applying the Chan Kau Tai/Riaz Khan discretionary test, the breac…