Jimmy Lai loses appeal against phone search

The Court of Appeal on Monday blocked jailed media tycoon Jimmy Lai Chee-ying’s bid to challenge in the highest court a warrant obtained by national security police to scrutinise the contents of his mobile phones.

Lai, 75, is the founder of the now shut pro-democracy newspaper Apple Daily and is due to face trial in September on three charges under the city’s sweeping national security law, including collusion with foreign forces.

The tycoon has been challenging police scrutiny of two of his mobile phones seized during his arrest at his home in August 2020, partly on the basis that they contained journalistic material.

The High Court rejected challenges in August and October last year, when Lai’s lawyers argued that such searches could have a “chilling effect” on Hong Kong’s press freedom.

Three judges on Monday ruled that they could not allow Lai’s lawyers to appeal to the Court of Final Appeal as they had raised points not covered earlier and had “failed to make a proper case”.

Even though police had already searched the phones, the issues involved “great public interest”, his lawyers had argued.

It is not clear if Lai’s legal team would attempt any further steps.

Lai lost a bid to end his national security trial in May. He could spend the rest of his life in prison if convicted.

Lai is already serving a five year, nine month sentence for fraud after his conviction for violating a lease contract for the Apple Daily’s headquarters. He denied the charge.

(Hong Kong United Times)