Authorities in Hong Kong have introduced new powers allowing police to compel individuals under investigation to hand over passwords to their mobile phones and computers, in a move critics say deepens concerns over civil liberties.
The amendments to the implementation rules of the Hong Kong National Security Law were gazetted on Monday, enabling law enforcement to require suspects to provide access to electronic devices or face penalties.
Under the new rules, refusal to comply could result in up to one year in prison and a fine of HK$100,000, while providing false or misleading information could attract up to three years’ imprisonment and a fine of HK$500,000.
The changes were enacted using executive powers, bypassing the city’s legislature, with officials set to brief lawmakers following the announcement.
The expanded provisions allow police to demand “any password or decryption method” and require individuals to provide “any reasonable and necessary information or assistance” during investigations tied to national security.
Customs officers have also been granted authority to seize items deemed to carry “seditious intention,” even in cases where no arrest has been made.
Legal experts have raised alarm over the scope of the measures. Urania Chiu said, “The sweeping powers given to law enforcement officers without any need for judicial authorisation are grossly disproportionate to any legitimate aim the bylaw purports to achieve.”
She warned that the provisions interfere with fundamental rights, including privacy and fair trial protections.
However, a government spokesperson defended the amendments, stating they align with Basic Law and existing human rights safeguards, adding they “will not affect the lives of the general public or the normal operation of institutions and organisations”.
The security law, introduced by China in 2020, criminalises offences such as subversion and collusion with foreign forces, with penalties including life imprisonment.
According to the city’s Security Bureau, 386 people have been arrested under national security offences so far, with 176 individuals and four companies convicted.
Among high-profile cases, media tycoon Jimmy Lai was sentenced to 20 years in prison in February on charges including collusion with foreign forces and sedition, drawing international criticism.
Faridah Abdulkadiri
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