Hong Kong Police Gain Power to Demand Phone and Computer Passwords Under New National Security Law

Hong Kong police have been granted new powers to demand that individuals suspected of breaching the city's national security law provide mobile phone or computer passwords. This move is part of a further crackdown on dissent in the city.

The amendments to the law, published by the city government, also empower customs officers to seize items deemed to have a 'seditious intention', regardless of whether any person has been arrested for an offence endangering national security.

Refusing to comply with the demand for passwords could lead to up to one year's jail and a fine of up to HK$100,000 ($12,773), while providing false or misleading information could bring up to three years' imprisonment and a fine of up to HK$500,000.

The sweeping national security law, imposed by Beijing in 2020, punishes acts including subversion and collusion with foreign forces with up to life imprisonment. The law has sparked criticism from western governments and rights groups, but Beijing and Hong Kong officials say it was needed to restore stability after months of pro-democracy protests in 2019.

Urania Chiu, a law lecturer in the UK researching Hong Kong, said the new provisions interfere with fundamental liberties, including the privacy of communication and the right to a fair trial. Chiu stated that '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.'

A Hong Kong government spokesperson said the amended rules conform to the city's mini-constitution, the 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'. According to the Security Bureau, a total of 386 people have been arrested for national security crimes so far, with 176 people and four companies convicted.