Hong Kong police can now demand that individuals suspected of violating the city's national security law provide passwords for their mobile phones and computers, under newly published amendments to the legislation. The changes, which were published on Monday, also authorise customs officers to seize items deemed to have 'seditious intention', even if no arrest has been made.
Failure to comply with a demand for passwords or decryption methods could result in up to one year in prison and a fine of HK$100,000. Providing false or misleading information carries a maximum penalty of three years' imprisonment and a fine of up to HK$500,000. The amendments were made using powers that allow the government to bypass Hong Kong's legislature.
The national security law, imposed by Beijing in 2020, was introduced following months of pro-democracy protests in 2019. It has drawn criticism from Western governments and rights groups, but Beijing and Hong Kong officials maintain it was necessary to restore stability. The law punishes acts such as subversion and collusion with foreign forces with up to life imprisonment.
Urania Chiu, a law lecturer in the UK researching Hong Kong, said the new provisions interfere with fundamental liberties, including privacy of communication and the right to a fair trial. She described the sweeping powers given to law enforcement officers without judicial authorisation as 'grossly disproportionate' to any legitimate aim.
A Hong Kong government spokesperson countered that the amended rules conform to the city's Basic Law and its human rights provisions, and 'will not affect the lives of the general public or the normal operation of institutions and organisations'. The Security Bureau reported that 386 people have been arrested for national security crimes to date, with 176 individuals and four companies convicted.
