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Smartphone data stored in Cloud is beyond reach of Hong Kong law, lawyer argues in July 1 protester case

Law drafted 20 years ago not relevant in the era of smartphones, High Court hears

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Police had no right to search the content of a mobile phone seized from a person arrested as data stored in the Cloud was not covered by a law drafted more than 20 years ago, the High Court heard yesterday.

Police had no right to search the content of a mobile phone seized from a person arrested following last year’s July 1 march as data stored in the Cloud was not covered by a law drafted more than 20 years ago, the High Court heard yesterday.

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Barrister Hectar Pun SC, representing protester Sham Wing-kan said: “All information stored on a smartphone is not subject to be searched because the information was stored [in the Cloud].”

He suggested the police read the Police Ordinance “too widely” and asked the court to declare the ordinance “unconstitutional”.

He urged the court to review section 50 (6) of the Police Ordinance – which says officers can search for and take possession of any document found on anyone apprehended, if a police officer “may reasonably suspect [it] to be of value to the investigation”.

Pun argued the ordinance was drafted in 1992 when there were no smartphones. He asked if it authorised police to access everything from a device that could access data from outside storage.

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“[The ordinance] is too wide to catch everything,” Pun said. “It is a matter to be legislated.”

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