Withholding device passwords punishable under tightened national security rules

Hong Kong authorities could punish those who refuse to provide passwords for electronic devices during national security investigations under new rules.

The government on Monday gazetted amendments it made to the implementation rules of the national security law, nearly six years after Beijing imposed the legislation on the city. The changes took effect immediately.

A spokesman said the changes would strengthen enforcement power, improve prevention and investigation of such cases, and mitigate risks to national security more promptly.

“Given the current complex and volatile geopolitical situation, national security risks faced by Hong Kong may arise suddenly and unexpectedly,” a government spokesman said.

“Therefore, the Hong Kong government must at all times maintain a high degree of vigilance, be always heedful of Hong Kong’s constitutional duty, and continue to improve the legal system and enforcement mechanisms for safeguarding national security.”

The new offence empowered police officers with magistrate warrants, or those above the rank of assistant commissioner of the force, to require a person under investigation to provide any password or decryption method for electronic equipment, or to offer “any reasonable and necessary information or assistance”.

Any person who knows the password or decryption method, who is authorised to access the device, and possesses, controls, or uses the equipment, must comply with the requirement.