Hong Kong police gain power to demand phone and computer passwords under amended national security rules
The Facts
- Hong Kong authorities have amended national security rules to allow police to demand phone or computer passwords from people suspected of breaching the national security law.
- The new rules took effect on Monday after the government gazetted the amendments to the implementation rules of the national security law.
- The amendments were made using powers that bypass Hong Kong's legislature.
- People who refuse to comply can face up to one year in jail and a fine of up to HK$100,000.
- Providing false or misleading information in response to the demand can carry up to three years in prison and a fine of up to HK$500,000.
- The new rules require people to provide any password or other decryption method needed to let police access electronic equipment believed to hold evidence.
- Some reports say the amendments also empower customs officers to seize items deemed to have 'seditious intention.'
Context
Who can be required to hand over passwords under the new rules?
The reports say the power applies to people suspected of violating or breaching Hong Kong's national security law, and in some accounts to people under national security investigation who must provide passwords or decryption help for devices believed to contain evidence Guardian Deutsche Welle Hong Kong Free Pres….
What happens if someone refuses to comply?
Refusal can lead to up to one year in jail and a fine of up to HK$100,000, while giving false or misleading information can bring up to three years in prison and a fine of up to HK$500,000 Guardian Reuters Hong Kong Free Pres….
How were the changes adopted?
The government gazetted the amendments on Monday and several reports say it used powers to make the changes without going through Hong Kong's legislature; officials said lawmakers would be briefed on Tuesday Independent Reuters China Digital Times Hong Kong Free Pres….
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