Hong Kong grants police power to demand phone and computer passwords

Hong Kong amended its national security law, granting police the power to demand passwords for electronic devices from individuals suspected of endangering national security. Customs officers can now also seize items deemed to have "seditious intention." Refusal to comply with password requests can result in imprisonment and fines. The Hong Kong government published these amendments, bypassing the legislature, claiming they align with the Basic Law and human rights provisions. Critics, including legal scholars, argue the new provisions infringe on fundamental liberties. Since the national security law's implementation in 2020, hundreds have been arrested and convicted, including media tycoon Jimmy Lai, leading to international criticism.

Hong Kong has amended its implementation rules for the national security law to improve operational efficiency and address national security risks. The changes, gazetted on Monday, aim to clarify investigation procedures, particularly concerning searches and online threats. These amendments empower police to demand passwords or decryption methods for electronic devices from individuals under investigation, with penalties for non-compliance. Customs officers can now seize articles deemed seditious. Authorities will also establish procedures and timelines for processing legal professional privilege claims related to seized materials. Experts argue these changes are necessary to address heightened geopolitical risks and strengthen enforcement power under the existing national security law.

Hong Kong authorities have granted police new powers to demand passwords for electronic devices from individuals suspected of violating the national security law. The measure, which took effect on Monday, is part of the national security law imposed by Beijing in 2020 following pro-democracy protests. Refusal to comply can result in imprisonment and fines. The amendments also allow police to seize items with ‘seditious intention’, bypassing judicial authorisations. These changes, implemented by the city government, have raised concerns about declining civil liberties in Hong Kong since the imposition of the 2020 national security law.