REGULATORY · HONG KONG
Hong Kong police gain power to demand phone and computer passwords
Change
Hong Kong amended a National Security Law bylaw to authorize police to demand phone or computer passwords from persons suspected of breaching the National Security Law.
Why it matters
Authorities gazetted amendments to a National Security Law bylaw authorizing police to demand passwords for phones or computers from people suspected of NSL breaches. Refusal to provide passwords is punishable by up to one year in jail and a fine up to HK$100,000. Providing false or misleading information is punishable by up to three years' imprisonment. The amendments also grant customs officials authority to seize items they deem to have seditious intention.
Implications
- · Increases disclosure burden on individuals under NSL investigation by requiring surrender of device access credentials.
- · Imposes criminal penalties that create direct monetary and custodial consequences for non‑compliance or supplying false information (up to HK$100,000 fine; up to three years' imprisonment).
- · Authorizes customs seizure of items judged seditious, exposing owners to property loss and interruption of shipments or possession.
Who is affected
- · Compliance teams
Source
Topics
World & Politics Policy & Regulation Human Rights Law & Public Safety Regulatory Actions