The Court of Appeal has ruled that police officers have the power to perform a search of an arrested person's mobile phone without a warrant, overturning a judgement made in October 2017 that such power can be exercised only in exigent circumstances legalref.judiciary.hk/doc/judg/word/… 
According to today's judgement, these are now the circumstances under which a search of the contents of a mobile phone without a warrant would be allowed
The court ruled that granting the police such power is proportionate with the freedom of communication granted under Article 30 of the Basic Law as long as the data being searched is relevant to the investigation of the criminal offence for which someone was arrested.
One of the parties in this case, @hkjohnsonyeung, has shared the initial assessment of their lawyer that "the government won, but the result is the same" as it was in the lower court.
The only thing said to have changed is the form of words as regards warantless searches.
The only thing said to have changed is the form of words as regards warantless searches.
"I can say, we hold onto the judgement from two years ago, but the Court of Appeal's method of delivery is different this time."
Yeung also highlighted the section of the judgement which said that the police cannot force an arrested person to provide their mobile phone password.
Yeung also highlighted the section of the judgement which said that the police cannot force an arrested person to provide their mobile phone password.
More comments from @hkjohnsonyeung after today's ruling
