HK police get powers to demand phone, laptop passwords
Hong Kong police can now require people suspected of violating the city’s national security law to hand over their mobile phone or computer passwords in a bid to crack down on dissidents.
Refusing to comply can lead to up to one year in prison and a fine of up to HK$100,000 ($18,000), while providing false or misleading information can lead to up to three years in prison and a fine of up to HK$500,000.
The city government published in the official gazette on Monday new changes to the implementation rules of the national security law, which authorities in Beijing implemented in 2020 using their power to bypass Hong Kong’s legislature.
In the statement made by the government, it was stated that officials will brief MPs on Tuesday.
The sweeping law punishes acts including subversion and collusion with foreign powers with life imprisonment.
That drew criticism from some foreign governments and rights groups, but Chinese and Hong Kong officials said it was necessary to restore stability after the city was rocked by months of pro-democracy protests in 2019.
The new amendments give the police the power 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 with “any reasonable and necessary information or assistance”.
The new changes also give customs officers the power to seize items deemed to have “riotous intent”, regardless of whether any person has been arrested for an offense endangering national security for those items.
Urania Chiu, a UK law lecturer who researches in Hong Kong, said the new provisions interfered with fundamental freedoms, including the privacy of communications and the right to a fair trial.
“The broad powers granted to law enforcement agencies without the need for any judicial authorization are grossly disproportionate to any legitimate purpose that the regulation aims to achieve,” Chiu said. he said.
A Hong Kong government spokesman said the amended rules were in line with the city’s mini-constitution, the Basic Law and human rights provisions and “will not affect the life of the public or the normal functioning of institutions and organizations.”
According to the Security Bureau, a total of 386 people were arrested and 176 individuals and four companies were convicted for national security crimes.
Hong Kong media tycoon Jimmy Lai was sentenced to 20 years in prison in February for collusion with foreign powers and sedition, sparking international criticism.
