Hong Kong Mandates Surrendering Passwords Under New Regulation

Hong Kong Mandates Surrendering Passwords Under New Regulation

On Monday, Hong Kong authorities announced a new rule. People who refuse to hand over phone or computer passwords in national security probes could face one year in jail.

The penalty includes a fine of up to HK$100,000 or a one-year prison term. Authorities said the change forms part of amendments to the city’s national security law.

Details of the amendment

The amendment requires individuals to provide any password or other decryption method when police hold a warrant. It covers people under investigation for endangering national security and anyone who owns or controls the device.

Anyone authorized to access the equipment must also comply. Those who simply know a password are included.

The obligation applies even where confidentiality rules would normally bar disclosure. The law explicitly names professions such as journalists, doctors and lawyers.

Enforcement and penalties

Police may seek warrants to access electronic devices believed to hold evidence. Failure to comply can trigger a fine up to HK$100,000 or a one-year jail sentence.

Government rationale and wider reactions

A government spokesperson said the measure aims to prevent, suppress and punish activities that endanger national security. Officials added the changes seek to protect lawful rights and interests while strengthening enforcement.

Beijing and Hong Kong authorities say the 2020 national security law restored stability after the mass 2019 protests. Human rights groups and Western governments argue the law has been used to curb democratic freedoms and silence dissent.

Since the law’s introduction, Hong Kong’s last democratic opposition party has disbanded. The new regulation and the requirement for surrendering passwords have raised fresh concerns about confidentiality and press freedom.

Under the new regulation, authorities can require surrendering passwords during national security inquiries. Hong Kong mandates such compliance in relevant cases.

Reporting by Filmogaz.com.