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Hong Kong Grants Police Power to Compel Device Passwords Under Security Law

The change signals a further shift toward expansive security enforcement with fewer checks on police access to private data.

Overview

  • The government, which published the changes Monday, put them into force at once and let police compel passwords or other decryption help in national security cases.
  • The duty applies to suspects, device owners and controllers, authorized users and anyone who knows a password, and it overrides duties of confidentiality such as legal or medical privilege.
  • Refusing a request can bring up to one year in jail and a HK$100,000 fine, while giving false or misleading information can draw up to three years and HK$500,000.
  • The package also lets authorities order the removal of online posts they say endanger security and gives customs new power to seize items labeled seditious and to freeze assets.
  • Officials used executive powers rather than the legislature and will brief lawmakers Tuesday, as critics warn the rules weaken privacy and fair-trial safeguards even though the government says they comply with the Basic Law.