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Following is a question by the Hon Cheung Kwok-che and a written reply by the Secretary for Security, Mr Lai Tung-kwok, in the Legislative Council today (December 16):
Question:
At present, the Police Force Ordinance (Cap. 232) confers police officers powers to search and seize properties. In this connection, will the Government inform this Council:
(1) among the persons apprehended by police officers in each of the past five financial years,
(i) of the respective numbers of those the information in whose phones, computers and other electronic devices (broken down by type) was inspected by police officers (set out in the following table);
Numbers of apprehended persons
the information in whose devices,
as set out below, was inspected
------------------------------------
Financial Phones Computers Other electronic
Year devices
--------- -------------------------------------
2010-2011
2011-2012
2012-2013
2013-2014
2014-2015
(ii) of the respective numbers of those whose phones, computers and other electronic devices (broken down by type) were seized by police officers (set out in the following table); and
Numbers of apprehended persons
whose devices, as set out
below, were seized
------------------------------------
Financial Phones Computers Other electronic
Year devices
-------- ------------------------------------
2010-2011
2011-2012
2012-2013
2013-2014
2014-2015
(iii) of the respective numbers of those whose phones, computers and other electronic devices (broken down by type) were seized by police officers under the warrants issued by Magistrates (set out in the following table); and
Numbers of apprehended persons
whose devices, as set out below,
were seized under warrants
------------------------------------
Financial Phones Computers Other electronic
Year devices
--------- -----------------------------------
2010-2011
2011-2012
2012-2013
2013-2014
2014-2015
(2) of the Police's existing procedures and guidelines for handling the aforesaid seized electronic devices; the respective procedures and guidelines for handling the personal data stored in such devices that are related and unrelated to the cases in question; whether any time limit has been set with respect to the impoundment of such devices; if so, of the details; if not, the reasons for that?
Reply:
President,
The Government's consolidated reply to the Hon Cheung Kwok-che's question is as follows:
Section 50(6) of the Police Force Ordinance (Cap. 232) states that: "Where any person is apprehended by a police officer it shall be lawful for such officer to search for and take possession of any newspaper, book or other document or any portion or extract therefrom and any other article or chattel which may be found on his person or in or about the place at which he has been apprehended and which the said officer may reasonably suspect to be of value (whether by itself or together with anything else) to the investigation of any offence that the person has committed or is reasonably suspected of having committed: Provided that nothing in this subsection shall be construed in diminution of the powers of search conferred by any particular warrant."
The court is now handling a judicial review case which is related to Police's exercise of the powers conferred by the above provision. The Hon Cheung's question involves Police's powers to search for and take possession of objects conferred by that provision as well as the handling of personal information. The information requested by the question is also related to the judicial review case. If the Government expounds the matters raised by the question or provides relevant information in this reply, it is possible that the aforesaid case would be affected. Since the judicial review case has already entered legal proceedings, it is not appropriate for the Government to comment on the matters raised by the question at this stage.
Ends/Wednesday, December 16, 2015
Issued at HKT 15:43
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