- 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
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