Hong Kong: The Hong Kong High Court on Tuesday upheld a new warrant obtained by the national security police to search the contents of media tycoon Jimmy Lai’s phones.
In one of the former British colony’s biggest national security cases, Lai and six former Apple Daily members were charged with collusion with foreign forces under a new law imposed by Beijing in 2020.
High councilor Philip Dykes, representing Lai, had challenged the injunction, saying the phones contained journalistic material and protecting it was essential to a free press. The lack of such guarantees has a “chilling effect,” he said.
In his ruling, Judge Wilson Chan said that press freedom itself “never translated into an absolute prohibition against search and seizure” of journalistic materials.
Chan ruled that Lai’s phones can remain sealed until 11 p.m. m. on September 6, since his lawyers will appeal the decision. Hong Kong returned to Chinese rule in 1997 with the promise of extensive autonomy and freedoms not available in mainland China.
Critics of the security law say it quashes individual rights, which authorities deny, saying the law restored stability after mass anti-government protests in 2019.
According to a notice by Lai’s lawyers, police seized two smartphones during the arrest at his home in August 2020. “A physical hack occurred” without Lai’s knowledge and consent before his lawyers arrived, it said.
The phones, which remain unlocked, were then plugged into a mobile charger before being sealed, it said.
The search warrant was issued by Principal Magistrate Peter Law who said the phones might “contain evidence of an offense endangering national security”.
The trial will begin on Dec. 1, heard by Judges Esther Toh, Susana D’Almada Remedios and Alex Lee.
Secretary of Justice Paul Lam has ordered a no-jury trial, citing unspecified “involvement of foreign factors,” and risks to the jurors’ personal safety and of “perverting the course of justice.”
Lai has indicated he will plead not guilty. All other defenders have indicated guilty pleas.