- 8 A B A phone seized on arrest, and there are sufficient procedural safeguards B provided under the Personal Data (Privacy) Ordinance (Cap 486) C D (“PDPO”) and the relevant internal guidelines of the police governing such a search which make the search so authorised under section 50(6) C D constitutionally compliant with BL30. These procedural safeguards are E F (says Mr Mok) consistent with the conditions of the common law right for the police to search the contents of mobile phones seized upon a E F lawful arrest as laid down by the majority judgment in Fearon. The G H majority decided that the common law warrantless search power with those conditions was constitutionally compliant with section 8 of the G H Canadian Charter of Rights and Freedoms (“the Canadian Charter”). I J For the same reasons, the power under section 50(6) insofar as a search of the content of a seized mobile phone on arrest is concerned is therefore I J also a proportionate one and hence compliant with BOR14. K L K 18. For a proper consideration of these competing arguments, it L will be helpful to first examine the principles governing the relevant M M constitutional provisions relating to the protection of privacy in Hong N Kong. N O O B3.1 The principles relating to the protected right of privacy under BL30 and BOR14 P Q R S T 19. BL30 provides as follows: “The freedom and privacy of communication of Hong Kong residents shall be protected by law. No department or individual may, on any grounds, infringe upon the freedom and privacy of communication of residents except that the relevant authorities may inspect communication in accordance with legal procedures to meet the needs of public security or of investigation into criminal offences.” (emphasis added) P Q R S T U U V V