Hong Kong Police Granted Power to Demand Passwords Under National Security Law

Hong Kong police have been granted the authority to require individuals suspected of violating the city's national security law to provide passwords to their mobile phones or computers. This measure, which took effect on Monday, is part of the national security law imposed by Beijing in 2020.

The new provisions empower police to require a person under investigation suspected of endangering national security to provide any password or decryption method for electronic devices and to provide the police “any reasonable and necessary information or assistance”. Refusing to comply could lead to up to one year’s imprisonment and a fine of up to 100,000 Hong Kong dollars ($12,768), while providing false or misleading information could bring up to three years’ imprisonment and a fine of up to 500,000 Hong Kong dollars ($63,840).

The imposition of the 2020 national security law, supplemented by a second component in 2024, has led to a marked decline in civil liberties in the former British colony returned to China in 1997, according to human rights advocates. The new amendments have sparked concerns over the erosion of Hong Kong's autonomy and its status as an international financial and business centre.

Urania Chiu, a law lecturer in the UK researching Hong Kong, said the new provisions interfered with fundamental liberties, including the privacy of communication 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 told the Reuters news agency.

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.