Hong Kong authorities have introduced sweeping new powers allowing police to compel individuals under investigation for national security offences to hand over passwords and decrypt electronic devices, in a move that has sparked fresh concerns over civil liberties and privacy in the city.
Under the amended provisions of the national security law, police can now require suspects — as well as anyone with access to relevant devices — to provide “any password or decryption method” needed to access information stored on mobile phones, computers or other electronic equipment. The changes, published by the government this week, mark a significant expansion of enforcement powers under the law imposed by Beijing in 2020 following widespread pro-democracy protests.
Failure to comply with such a request could result in up to one year in prison and a fine of HK$100,000, while providing false or misleading information may attract a harsher penalty of up to three years’ imprisonment and a fine of HK$500,000. The rules apply not only to suspects but also to individuals who possess the devices or have knowledge of the passwords, widening the scope of those potentially affected.
The amendments also grant customs officials the authority to seize items deemed to carry “seditious intention,” even in the absence of an arrest, further strengthening the government’s ability to act pre-emptively in cases linked to national security.
Officials have defended the changes, stating that the updated rules are necessary to ensure that activities endangering national security can be effectively prevented and punished while safeguarding the lawful rights of individuals and organisations. Authorities have also maintained that the amendments are consistent with Hong Kong’s Basic Law and human rights protections, and will not interfere with normal life or business operations in the city.
However, legal experts and rights groups have raised alarm over the broad scope of the new powers and the lack of judicial oversight. Critics argue that compelling individuals to hand over passwords without court authorisation could undermine fundamental rights, including privacy and the right to a fair trial. Some have warned that the vague definition of “national security” in Hong Kong could leave the law open to misuse, potentially affecting not only residents but also foreign nationals and businesses operating in the global financial hub.
The latest amendments are part of a broader tightening of the national security framework in Hong Kong since 2020. The law criminalises acts such as subversion, secession and collusion with foreign forces, with penalties that can extend to life imprisonment. Over the past few years, dozens of activists, journalists and political figures have been arrested and prosecuted under its provisions, drawing criticism from Western governments and international human rights organisations.
While authorities insist the measures are essential for maintaining stability after the unrest of 2019, critics view them as further evidence of shrinking freedoms in the city, once known for its independent judiciary and protections for civil liberties.
