On Monday, the Hong Kong government gazetted amendments to the implementation rules of the National Security Law that would significantly expand the powers granted to law enforcement, including the ability to compel suspects in national security investigations to reveal their device passwords under threat of fines or jail time. Hong Kong’s Legislative Council was not consulted on the changes, but the government has announced that it will provide a public briefing on Tuesday.
Despite administration claims that the new rules “will not affect the lives of the general public” and that they were implemented to address “national security risks [… that] may arise suddenly and unexpectedly,” many legal experts and human rights groups have warned that the broadly defined amendments are “open to abuse” and represent a ratcheting up of the Beijing-imposed 2020 National Security Law that has long been used to undermine democratic freedoms and crush political dissent.
At Hong Kong Free Press, Hans Tse reported on the amendments, their potential penalties, and the expansion of who can be compelled to disclose password or decryption information—including even those with a “duty of confidentiality or any other restriction on the disclosure of information,” such as journalists, doctors, and lawyers):
Under the new rules, police can require people under national security investigation to provide passwords or help decrypt their electronic devices. Failure to do so can be punished by up to one year behind bars and a HK$100,000 [$12,760 U.S.] fine.
Providing a false or misleading statement can be punished by up to three years’ imprisonment and a fine of HK$500,000 [$63,815].
Police can also compel anyone believed to know of the password or the decryption method of a device under investigation to disclose such information. Similarly, those who own, possess, control, or have authorised access to a device, as well as current or former users, can be subject to such an order.
The new rules have also empowered customs officers to freeze or confiscate assets relating to national security crimes or to forfeit “articles that have seditious intention.” [Source]