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05 May 2020

Regulatory update : Hong Kong Police and ICAC search warrants

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In our last update issued on 2 April 2020 (see here), we discussed the recent judgment of the Honorable Mr Justice Chow which dismissed challenges to the Securities and Futures Commission’s investigatory powers and search warrants to search and seize digital devices.

Continuing on the theme of search warrants, this update looks at two other recent High Court Judgments which considered:

(i) The lack of information in an Independent Commission Against Corruption search warrant issued under the Prevention of Bribery Ordinance (“POBO”); and

(ii) Whether a third party with a sufficient interest in the search or documents seized has a free standing right to the disclosure of a Hong Kong Police search warrant issued under the Police Force Ordinance (“PFO”).

As detailed below, both of the law enforcement bodies were successful in dismissing the challenges made against them.

Click here to read more.

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