- 34 A B A identification number physically inscribed on it, do not interfere with the B heightened expectation of privacy in the accessible information. C D C 80. Second, for the same reason that it is the digital information D that is subject to the heightened privacy protection, and it is the nature of E F the information accessible through that device that is relevant, the form of the digital devices is immaterial. The protection against warrantless E F search save in exigent circumstances incident to an arrest under G H section 50(6) covers also other similar devices such as tablets, smart watches, and laptop computers. See also Fearon, paragraphs 156 and G H 161. I I J B4. K 81. The Construction Ground J Mr Pun reiterates at the hearing that the Construction K Ground is only an alternative argument raised by him. L M N L 82. (1) The arguments run as follows: M Section 50(6) only authorizes a search of “article or chattel” N found “on the [arrested] person” or “at or about the place” of O P O the arrest. (2) However, the “place” where the digital information may be P accessed in or through the mobile phone is neither a place Q R “on the person” of an apprehended person nor “the place at which he has been apprehended”. The digital information Q R should be regarded as having stored in a “separate place”, S T which is wholly separate from the arrestee’s person or the place of arrest, once the mobile phones are taken away from the person or the place of arrest. S T Hence, on a proper U U V V