Hong Kong Police Gain Power to Demand Passwords Under Security Law | BBC News

Hong Kong police now have the authority to demand passwords for phones and computers from individuals suspected of violating the city’s national security law, a move critics say further erodes civil liberties. The change, enacted through amendments to the law’s implementation rules on Monday, allows officers to compel suspects to decrypt electronic devices and provide any “reasonable and necessary information or assistance,” according to reports from the BBC and The Independent.

Refusal to comply with a password demand carries a potential penalty of up to one year in jail and a fine of HK$100,000 (approximately $12,700 or £9,600). Providing “false or misleading information” could result in a sentence of up to three years imprisonment.

The amendments were announced by Hong Kong’s leader, John Lee, and implemented without review by the city’s legislative council, according to the BBC. The National Security Law (NSL) was first imposed on Hong Kong in 2020, following widespread pro-democracy protests in 2019. Authorities maintain the law is essential for maintaining stability, targeting acts such as terrorism and secession. However, critics contend it is a tool to suppress dissent.

The broadened powers extend beyond police to include customs officials, who are now authorized to seize items suspected of possessing “seditious intention,” the BBC reported. This expansion raises concerns about the scope of potential restrictions on freedom of expression and access to information.

The NSL criminalizes secession, subversion, terrorism, and collusion with foreign forces, with a maximum penalty of life imprisonment for those convicted, as outlined in a 2024 BBC explainer on the law. The law also allows for some trials to be conducted behind closed doors.

Analysts have described the fresh password demands as “grossly disproportionate” and a violation of fundamental rights, including the privacy of communication and the right to a fair trial, The Independent reported. The amendments are intended to ensure that “activities endangering national security can be effectively prevented, suppressed and punished,” Hong Kong authorities stated on Monday.

Since the NSL’s introduction, hundreds of protesters, activists, and former opposition lawmakers have been arrested in Hong Kong, according to the BBC. The law has been widely criticized as far-reaching and draconian, fundamentally altering the city’s legal landscape.