- 35 A
A
construction, the digital content of a mobile phone is not
B
B
found “on the person” or “at or about the place” of the arrest
C
and is therefore not covered by section 50(6).
D
D
83.
15
I am unable to accept these submissions.
E
F
C
E
84.
On the plain words of section 50(6), it is clear that the words
F
“may be found on his person or in or about the place at which he has been
G
H
apprehended” refer to where the seized object (may it be newspaper, book
or other document, or any other article or chattel) is located, but not to
G
H
qualify where the actual inspection of the object that must be conducted.
I
J
I
85.
As submitted by Mr Mok, it would be absurd to suggest that
J
section 50(6) also requires that the inspection of the seized object must be
K
carried out “on the person”. Further, it is equally absurd to suggest that
K
L
the provision requires the inspection of the contents of the seized object
L
also takes place in or about the place where the person has been
M
N
apprehended. For example, if the police have seized a wallet found on a
person arrested in the street and inspect the contents therein at the police
M
N
station subsequently, such contents would no longer be on the arrested
O
O
person, or in or about the place at which he has been apprehended. This
P
would not invalidate the seizure of the wallet in the first place. Once the
P
object is validly and lawfully found and seized on the person or at or
Q
Q
about the place where the person has been apprehended as required under
R
S
section 50(6), the court can see no good objective legislative intent to
further require the contents and information contained therein to be only
R
S
inspected also on the person or at or about the place.
T
T
15
The “place” arguments are also shared by Mr McCoy and Mr Albert Wong.
U
U
V
V
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