Hong Kong amends security law to allow police to demand phone passwords News
RPSIXMEUNLAI HOOZ, CC0, via Wikimedia Commons
Hong Kong amends security law to allow police to demand phone passwords

The government of the Hong Kong Special Administrative Region (HKSAR) amended its National Security Law on Monday to expand law enforcement powers, giving police the ability to require suspects in “national security” investigations to reveal passwords to their electronic devices

Failure to provide a password can be punished by up to one year in prison and a fine of HK$100,000 ($12,774 USD). The obligation applies even if the individual has a “duty of confidentiality or any other restriction on the disclosure of information,” which means that doctors and lawyers may be forced to give up confidential patient/client information.

Hong Kong Watch senior policy advisor Thomas Benson said that the organization is concerned about the application of the amendments, as they are “open to abuse.” He explained how the broad and vague new rules give considerable power to law enforcement, stating:

Practically anything can become a matter of national security concern and that gives tremendous latitude for the Hong Kong government, and for the organs of the mainland People’s Republic of China state that operate in Hong Kong, to apply a national security condition and compel practically anyone.

Similarly, Urania Chiu, a law lecturer in the United Kingdom who researches Hong Kong, said these provisions affect privacy of communication as well as the fundamental right to a fair trial. “The sweeping powers given to law enforcement officers without any need for judicial authorization are grossly disproportionate to any legitimate aim the bylaw purports to achieve,” she stated.

The amendments also permit authorities to order the removal of online messages deemed to endanger national security and expand the powers of customs officers to freeze or confiscate assets that relate to national security crimes or “articles that have seditious intention.” Further, providing a false or misleading statement may now be punished by up to three years in prison and a HK$500,000 fine ($63,902 USD).

A spokesperson for the HKSAR government stressed in a press release that the new rules comply with the Hong Kong Constitution, or Basic Law, human rights provisions, and the National Security Law. The release also indicates that the offenses are “clearly” defined. “Law-abiding persons will not contravene the law inadvertently. The Amendment Rules will not affect the lives of the general public,” the government release said.

The National Security Law was passed in June 2020 by China’s legislature to be imposed in Hong Kong. It has been criticized by governments and rights organizations, particularly for its “chilling effect” on fundamental rights, including protests and academic freedom. Human Rights Watch deemed the law “nothing more than a roadmap for repression.” It has been used to prosecute protestors commemorating the Tiananmen massacre and to sentence pro-democracy media tycoon Jimmy Lai to 20 years in prison. Research shows that more than 80 percent of those convicted under these laws since 2020 have been “wrongly criminalized.”

The HKSAR government is expected to give a public briefing on the new rules on Tuesday.

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