Hong Kong: New rule forces people to surrender passwords

The Hong Kong government on Monday announced that anyone refusing to give up phone or computer passwords in investigations related to national security could face up to a year in prison.

The new rule is part of a raft of amendments to Hong Kong's national security law, which was imposed by China in 2020 following huge pro-democracy protests in the semi-autonomous city.

It requires people to provide "any password or other decryption method" necessary to allow police with warrants to access electronic equipment that is believed to hold evidence.

Those who fail to comply could face a fine of up to HK$100,000 ($12,700; €11,000) or a one-year prison sentence.

What does the law say?

The amendment applies to people who are under investigation for endangering national security, as well as anyone who owns, controls, or is authorized to access the equipment in question. It also covers anyone who knows the password or decryption method.

The law stipulates that the obligation applies even where there is a "duty of confidentiality or any other restriction on the disclosure of information," for example, in cases involving journalists, doctors, and lawyers.

A government spokesperson said the new rules were designed to ensure that "activities endangering national security can be effectively prevented, suppressed and punished, and at the same time the lawful rights and interests of individuals and organizations are adequately protected." 

Hong Kong's government and China say the national security law brought stability to the financial hub following the massive 2019 anti-government protests. However, human rights organizations and Western governments say authorities have used the Beijing-imposed measure to roll back democratic freedoms and crush political dissent.

Edited by: Elizabeth Schumacher