The Hong Kong government announced on Monday that anyone refusing to give up phone or computer passwords to a national security-related investigation could be jailed for up to a year.
The new rule is part of amendments to Hong Kong’s national security law, which were imposed by China after massive pro-democracy protests in the semi-autonomous city in 2020.
It requires people to provide “any password or other decryption method” to allow police with a warrant to access electronic devices believed to contain evidence.
Those who fail to comply can face a fine of up to HK$100,000 ($12,700; €11,000) or a year in prison.
What does the law say?
The amendment applies to people who are under investigation for endangering national security, as well as any person who owns, controls or is authorized to access the relevant equipment. This includes anyone who knows the password or decryption method.
The law stipulates that this obligation also applies 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 that threaten national security can be effectively prevented, suppressed and punished, while also adequately protecting the legitimate rights and interests of individuals and organizations.”
Hong Kong’s government and China say the national security law has brought stability to the financial hub after massive anti-government protests in 2019. However, human rights organizations and Western governments say authorities have used the measures imposed by Beijing to roll back democratic freedoms and crush political dissent.
Edited by: Elisabeth Schumacher