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New amendments expand police authority
Hong Kong authorities have granted police the power to compel individuals suspected of violating the National Security Law (NSL) to surrender passwords for electronic devices. The move, part of recent bylaw amendments, took effect on Monday.
Penalties for non-compliance
Those who refuse to provide access to phones or computers face up to one year in prison and fines reaching HK$100,000 ($12,700; £9,600). Individuals found guilty of supplying false or misleading information could be imprisoned for as long as three years.
Broader enforcement powers
The amendments also empower customs officials to confiscate items deemed to carry seditious intent. Authorities stated the changes aim to effectively prevent, suppress, and punish activities endangering national security while safeguarding lawful rights and interests of individuals and organizations.
"The amendments ensure that activities endangering national security can be effectively prevented, suppressed and punished, and at the same time the lawful rights and interests of individuals and organisations are adequately protected."
Hong Kong authorities
Legislative process bypassed
The modifications to the bylaw were announced by Chief Executive John Lee, sidestepping the city's Legislative Council. The NSL, introduced in 2020 following large-scale pro-democracy protests, targets offenses such as secession, subversion, terrorism, and collusion with foreign entities.
Criticism and legal scope
Critics argue the NSL serves as a tool to stifle dissent, citing its broad and vaguely defined offenses. The law also permits certain trials to proceed behind closed doors. Since its implementation, hundreds of protesters, activists, and former opposition lawmakers have been arrested.
Recent cases under NSL
In February, the father of an exiled pro-democracy activist received a prison sentence for attempting to liquidate his daughter's insurance policy under a local law expanding the NSL's reach. The same month, media mogul Jimmy Lai was sentenced to 20 years after being convicted of foreign collusion and publishing seditious material.
Global context
While law enforcement in many jurisdictions can demand access to electronic devices during criminal investigations, Hong Kong's NSL covers an exceptionally wide range of activities, raising concerns about its application and scope.
