Police processed 1,429 cases involving mobile phones as evidence from June to November, it was revealed.

Psst! We are giving away movie passes here!

Hong Kong police seized more than 3,700 mobile phones from anti-government protesters in the first five months of the ongoing civil unrest and had the devices broken into to read the contents, the city's security chief has revealed.

Secretary for Security John Lee Ka-chiu dismissed concerns about a possible abuse of power, maintaining the cases all satisfied the court for the issuing of search warrants.

Lee made the disclosure on Wednesday when responding to lawmakers' questions on the police's power to access the contents of mobile phones without the owners' consent or knowledge.

"From June to November 2019, police processed 1,429 cases that involved mobile phones as evidence," Lee told the Legislative Council meeting.

"Among those cases, 3,721 mobile phones belonging to arrested persons or suspects were involved, and the relevant cases were all processed with search warrants issued by the court."

Lee said the seizure of phones was usual practice and not meant only to tackle those arrested during the social unrest, which broke out last June.

"While carrying out their responsibilities, [law enforcement agencies] may exercise the search and seizure powers conferred by relevant legislation, and seize and examine various objects of the suspected offence, including mobile phones and other similar devices," he said

"Police will only conduct digital forensic examination on mobile phones after obtaining court warrants. The examination and the evidence obtained will be adduced in the relevant open trials."

Concerns were raised last month after pro-democracy activist Joshua Wong Chi-fung, who was arrested in August in connection with a protest in June, questioned whether police had abused their power to hack into his password-protected mobile phone after the prosecution admitted as evidence some instant messaging records.

[[nid:466047]]

Wong said he had not disclosed the phone's password to police.

Police later clarified that the procedure was conducted under a magistrate-issued search warrant.

At Wednesday's Legco meeting, Lee would not comment on whether police used spyware to unlock suspects' phones.

"As the critical technologies used in the examinations are confidential, disclosing such information may reveal to criminals details of operations, thus allowing them to take advantage by undermining [law enforcement agencies'] capabilities in combating serious crimes and maintaining public safety."

Lee also cited a 2017 case in which the court ruled that under the Police Force Ordinance, officers may seize mobile phones found on an apprehended person, but would need a warrant to examine the contents in a non-emergency situation.

The case stemmed from the arrest of a truck driver for the Civil Human Rights Front, who was held for not following police orders when he was leading the annual July 1 march in 2014.

Opposition lawmaker Charles Mok said he was shocked by Lee's disclosure and called for more guidelines to prevent possible abuse.

[[nid:472986]]

"We are talking about 3,700-odd phones. That is a very big number. So far, police have arrested 6,000-odd people [in connection with the protests]," Mok said.

"You break into the phones and read the contents, all contents, whether they are related to the cases being investigated or not. And no one will even know if the phones will be installed with spyware after being seized by officers."

Mok's views, meanwhile, were echoed by Icarus Wong Ho-yin, spokesman for concern group Civil Rights Observer.

"It seems to me that it has now become a casual procedure that officers will seize an arrestee's phone and check the contents," Wong said, adding that the risk of possible abuse was rising as police had recently resorted to making mass arrests.

"We have heard of cases where officers threatened a person who was stopped on the street for questioning to hand over and unlock his phone to check the contents, or else risk being arrested. Usually, the person will give in."

This article was first published in South China Morning Post.