2. Search of premises and access of electronic devices

2. Search of premises and access of electronic devices

Under section 66G(1) of the Ordinance, the PCPD or a prescribed officer (i.e. a person the PCPD employs or a technical and professional person that PCPD engages as he/she thinks fit to assist him/her in the performance of his/her functions, and the exercise of his/her power, under the Ordinance) may apply for a warrant from a magistrate if he/she has reasonable grounds for suspecting that a doxxing offence or its related offence has been, is being or is about to be committed; and there is material or evidence related to an investigation contained in any premises or any electronic device.

Depending on the actual circumstances of each case, the PCPD or a prescribed officer may apply to the magistrate to exercise the respective powers in relation to the premises and electronic devices:-

• In respect of the premises, the powers to enter and search the premises and use any force that is reasonable in the circumstances (if necessary), carry out investigation in the premises, as well as seize, remove and detain any material reasonably suspected to contain evidence;

• In respect of the electronic devices, the powers to access, seize and detain the electronic device, as well as decrypt, and search for and reproduce any material stored in the electronic device that is relevant to the investigation.

Under section 66G(8) of the Ordinance, the PCPD or a prescribed officer may access an electronic device (e.g. a mobile phone and computer) that is suspected to contain material related to doxxing offence or its related offence without a warrant if the following conditions are satisfied:

• The PCPD or the prescribed officer reasonably suspects that a doxxing offence or its related offence has been, is being or is about to be committed;

• He/she reasonably suspects that any material that is or contains evidence for the relevant investigation is stored in the electronic device; and

• He/she is satisfied that a delay caused by an application for a warrant is likely to defeat the purpose of accessing the device, or for any reason it is not reasonably practicable to make the application.

However, please note that under no circumstances, shall PCPD or prescribed officer decrypt an electronic device and any materials in the device without a warrant.