HK introduces offence mandating national security suspects to surrender passwords
The Hong Kong government has introduced a new criminal offense requiring individuals under investigation for alleged breaches of the National Security Law to provide their account credentials or physically access electronic storage media upon request by investigators, with non-compliance punishable as an additional crime alongside any existing charges against them; this measure aims specifically at cases involving suspected leaks and other national security violations where digital evidence is critical.
Key Points
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1The Hong Kong Special Administrative Region has introduced a strict rule requiring suspects in National Security Law investigations to surrender passwords for phones and computers.
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2Refusal or failure to comply with the password disclosure requirement carries penalties of up to one year in prison, plus fines as high as HK$100,000 (approx. US$12,780).
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3The new regulation was gazetted on Monday by amending the implementation rules following nearly six years since Beijing imposed the National Security Law.
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4This measure applies specifically to investigations related to national security breaches and targets electronic device access.
Developments
Hong Kong has amended its national security implementation rules by introducing an offence punishable up to one year in jail and HK$100,000 fine for failing to surrender passwords during investigations. The amendments also expanded police powers over electronic devices under investigation while granting customs officers the ability to freeze or confiscate assets related to seditious crimes without prior approval from other government officials.