The Hong Kong government recently amended the implementing regulations of the National Security Law for the Hong Kong Special Administrative Region. The new amendments expand the investigative powers of law enforcement agencies, including allowing the police to require any person to provide the passcode for electronic devices to assist in unlocking them when investigating cases involving threats to national security. Refusal to cooperate may result in a maximum fine of 100,000 Hong Kong dollars and one year’s imprisonment; providing false passwords or misleading information may result in a fine of 500,000 Hong Kong dollars and three years’ imprisonment.
According to documents submitted by the government to the Legislative Council, the police may seize electronic devices and request assistance in decrypting them from relevant individuals whenever they suspect such devices are related to national security cases. The Hong Kong government stated that the amendments aim to strengthen law enforcement capabilities and more effectively prevent and investigate acts endangering national security. It emphasized that the measures comply with the Hong Kong Bill of Rights Ordinance and will not affect law-abiding citizens.
The amendments also strengthen the authority to restrict the departure of persons under investigation. If the police deem it necessary, they may require the relevant individuals to surrender their travel documents; violators may be fined HK$100,000 and imprisoned for one year. The police may also apply to the court for multiple extensions of the restriction preventing those under investigation from leaving the territory for up to six months.
The new provisions also broaden the definitions of “foreign forces” and their “agents,” expanding them from primarily referring to foreign political organizations and their agents to encompass a wider range of foreign organizations. The government stated that this move is in response to changes in the geopolitical environment and the threats posed to Hong Kong by foreign forces.
Commentary:
These new provisions reflect how the role of the law in Hong Kong today has gradually shifted away from a focus on safeguarding human rights. By broadening the definition of “foreign forces,” the authorities have ensured that the scope of the National Security Law is no longer limited to Hong Kong itself. In other words, even Hong Kong residents who have emigrated overseas may fall within the law’s purview and become potential targets of investigation due to past statements or connections.
Furthermore, in modern society, mobile phones are not merely tools for daily communication; they also store vast amounts of private conversations, photos, documents, and other personal data. Once forcibly unlocked, this information could be subject to comprehensive scrutiny, making it difficult to effectively safeguard personal privacy and data security.