The Hong Kong government has passed a new law that will give the police the power to demand phone or computer passwords from those suspected of violating the national security law.
The government on Monday made amendments to the implementation rules of Beijing-imposed, wide-ranging national security, using powers to bypass Hong Kong’s legislature.
Under the new rules, police officials can force suspects to decrypt their electronic devices and provide passwords and “any reasonable and necessary information or assistance”.
Failure to comply could lead up to one year in jail and a fine of up to HK$100,000 (£9,600) and those who provide “false or misleading information” could face up to three years in jail.
Analysts have said the new powers are “grossly disproportionate” and interfere with fundamental liberties, including the privacy of communication and the right to a fair trial.
The new rules are part of a bylaw under the national security law introduced in 2020 to crack down on the massive pro-democracy protests the previous year. The law – which targets secession, subversion, terrorism, and collusion with foreign organisations – has been widely criticised as far-reaching and draconian, effectively redefining Hong Kong’s legal landscape.
The new rules ensure that “activities endangering national security can be effectively prevented, suppressed and punished, and at the same time the lawful rights and interests of individuals and organisations are adequately protected”, the Hong Kong government said on Monday.
The government said the new amendments were in line with the city’s mini-constitution, as well as human rights protections.
It rules also empower customs officers to freeze or confiscate assets suspected to be related to national security crimes or to forfeit “articles that have seditious intention”.
These powers were previously restricted to the secretary for justice, the secretary for security, and the police force.
The maximum penalty for a person deemed a “foreign agent”, who fails to disclose information sought by the authorities, has been increased from six months to one year in jail.
Urania Chiu, a law lecturer in the UK researching Hong Kong, said the new provisions infringed on fundamental liberties, including the right to privacy in communications and the right to a fair trial.
“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,” Chiu said.
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.
In the most high-profile conviction yet, Hong Kong media tycoon Jimmy Lai was sentenced to a 20-year jail term in February for collusion with foreign forces and sedition, sparking international criticism.
