If you’re traveling to or even through Hong Kong, this is at least something to be aware of (thanks to @istrakhov for flagging this)…
Hong Kong implements strict new electronics search law
The United States Department of State has warned Americans about new rules that have just been implemented in Hong Kong, related to the National Security Law. Specifically, it’s now a criminal offense to refuse to give Hong Kong police the passwords or decryption assistance to access all personal electronic devices, including mobile phones and laptops.
This legal change applies to everyone in Hong Kong, including those arriving at or even just transiting Hong Kong International Airport (HKG). Furthermore, the Hong Kong government also has more authority to take and keep any personal devices, as evidence, that they claim are linked to national security offenses.
China has increasingly restricted freedom of speech in Hong Kong in recent years, with things really changing in 2019. Odds are that this would only be used in very targeted ways, and only for those that the government of China may view as problematic. But still, it’s something to be aware of, especially in the context of a global airline hub.
I think the wildest aspect of this policy is that it even applies to those in transit. So that means even if you don’t actually enter Hong Kong, you could still be forced to share the passwords of your devices, or face legal consequences.
How does this compare to the law in the United States?
Many people are pointing out that there’s a certain irony to the Department of State under the current administration warning of the possibility of invasive searches of electronics, given what we’ve seen at our own borders, and beyond.
However, there’s a bit more nuance to this in the United States. Yes, we’ve seen an increase in the number of electronics being searched at the border, and United States Customs and Border Protection (CBP) can request passwords for electronics from arriving passengers.
If you refuse to cooperate, though, you’re not going to potentially go to jail for that:
- If you’re a foreigner, you can be denied entry to the United States for refusing to share log-in details for your electronics
- If you’re a United States citizen, you won’t be denied entry to the United States based on CBP’s inability to search your devices, though the devices may be subject to exclusion or detention
So that’s still a bit different than potentially facing prosecution for not providing the passwords for your electronics.
Bottom line
Hong Kong’s National Security Law has been updated, and it’s now a legal requirement to provide police with access to all electronics, including passwords. This includes transit passengers at Hong Kong Airport, and refusing to do so could result in prosecution.
This is one of the more extreme policies you’ll find out there, and I imagine this will only be used in a very targeted way.
Would this new rule impact your willingness to travel to or through Hong Kong?
