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Injunction obtained to prevent access to mobile phones of Martin Lee & others

An urgent application was heard on 4 July 2020 before the Hon Mr Justice Coleman after which an Interim Injunction was granted prohibiting the Commissioner of Police from accessing mobile phones. Leave to apply for judicial review was also granted.

The Applicants, Martin Lee Chu Ming, Albert Ho Chun Yan, Sin Chung Kai, Au Nok Hin, and Yeung Sum were represented by Albert N B Wong  See SCMP report. Leave to apply for judicial review was also granted in relation to the following 4 Grounds:

1)  The terms of the Warrants, lacking in particularity, and purporting to authorise access to “all digital contents”, was oppressive in scope and therefore unlawful;

2)  The retention of the phones without warrant for 2 months after they were seized was beyond a reasonably necessary period of time;

3)  The failure to inform the Applicants of the Commissioner’s application for the Warrants, thereby obtained without their presence, was in breach of access to justice rights;

4)  The refusal of the Magistrate to hear the application to set aside the Warrants was also in breach of access to justice rights.

See also in Obiter, commentary by Adrian Lo on the developing law of search and seizure in relation to digital devices and the need for warrants.

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