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Hong Kong court upholds warrant on tycoon Jimmy Lai’s phones

Mr Lai is being accused of “colluding with foreign forces,” an offence that carries up to life in prison under Beijing’s national security law imposed two years ago.

• August 30, 2022
Jimmy Lai
Jimmy Lai

A court in Hong Kong has ruled that two phones owned by jailed pro-democracy media tycoon Jimmy Lai can be searched on national security grounds and are not protected by journalistic privilege. 

Mr Lai, the owner of the now-defunct Apple Daily tabloid, will go on trial for “collusion with foreign forces,” an offence that carries up to life in prison under Beijing’s national security law imposed two years ago.

Two smartphones were seized when hundreds of police officers arrested Mr Lai and raided the newsroom of Apple Daily, which eventually collapsed after its assets were frozen under the security law.

Mr Lai’s legal team claimed the content of the phones was covered by journalistic privilege, which is recognised by case law in Hong Kong, and legal privilege that protects conversations between lawyers and their clients.

Last month, police applied for a warrant to search the phones under the national security law.

Apple Daily announced its closure after its offices were raided last June over allegations that several reports had breached a national security law which makes undermining the government a criminal offence.

Police jailed the chief editor and five other executives, and company-linked assets were frozen. Two editors were then charged with conspiracy to commit collusion with a foreign country, and their bails were denied. 

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