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Hong Kong makes it illegal to deny device passwords in national security probes

Hong Kong makes it illegal to deny device passwords in national security probes

Hongkongers who refuse to provide passwords for smartphones or other electronic devices during national security investigations face up to a year in jail under legal changes that also allow police to question organisations if they have reasonable belief that they are overseas political groups or agents of foreign forces.

The government said the new rules would not affect people’s daily lives or how institutions normally operated.

The amendments, gazetted on Monday, are the first substantial changes to the implementation rules of the national security law since it was imposed by Beijing in 2020. A minor technical amendment related to frozen property was made in 2023.

A government spokesman said the revised rules would strengthen enforcement, improve crime prevention and assist in case investigations, while also addressing national security risks more promptly.

He said the amendments aligned with the Basic Law, the city’s mini-constitution, including human rights provisions, and would not affect the public’s daily lives or the normal operation of institutions.

“The amendment rules set out stringent requirements by providing in detail under what circumstances the law enforcement authorities can exercise the powers; and incorporating mechanisms with the judiciary playing the gatekeeping role for various measures introduced by the amendment rules,” the spokesman said.

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