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HK court denies review over suspects' phones

By GU MENGYAN in Hong Kong | CHINA DAILY | Updated: 2020-08-21 07:19
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Photo taken on July 1, 2020 shows the Golden Bauhinia Square after a flag-raising ceremony held by the government of the Hong Kong Special Administrative Region to celebrate the 23rd anniversary of Hong Kong's return to the motherland in Hong Kong. [Photo/Xinhua]

Hong Kong's High Court on Thursday dismissed a judicial review sought by five local politicians who wanted to prevent police from accessing their phones with court warrants.

Phones of the five, including prominent opposition figures Martin Lee Chu-ming and Ho Chun-yan, were seized as part of evidence collection after they were charged with multiple offenses related to several unlawful assemblies in the special administrative region last year.

Rejecting the challenge, the court said the search warrant does not grant police unrestricted power to search for anything of interest, as the five argued, because the warrant itself has requirements that limit the search scope to only content valuable to the specified investigation.

"We think that the executing officers will be able to understand the object of the search and to comprehend the limits to the scope of the search, which has been authorized," High Court judges Alex Lee and Russell Coleman wrote.

The five are among 15 local people, including media tycoon Jimmy Lai Chee-Ying, who face more than 60 charges in relation to their roles in unlawful assemblies during the yearlong unrest triggered by a now-withdrawn extradition bill.

Also on Thursday, Lai appeared at another court hearing, where he denied one count of criminal intimidation, an offense punishable by up to two years' imprisonment and a fine of HK$2,000 ($258).

Lai, 72, was accused of intimidating a reporter for the local Chinese newspaper Oriental Daily after an assembly in Causeway Bay on June 4, 2017.

The journalist, who was only identified as X at the West Kowloon Magistrates' Court, said that after the assembly, Lai approached him and pointed his right finger at his face, swearing at him. X added he was frightened at the moment that he might get beaten or slapped by Lai.

X was diagnosed with an adjustment disorder with a depressed mood after the incident and said he had to take tranquilizers. He testified that Lai threatened to get someone to "mess him up" and warned that photos had been taken of him.

During a police interview, Lai conceded that he recognized the defendant as a reporter who had covered him for years, and that he was not being provoked before the confrontation.

The trial, expected to last for three days, will continue on Friday.

On Aug 10, Lai, together with six others, was also arrested on suspicion of collusion with external forces under the new National Security Law for Hong Kong.

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