Hong Kong authorities have introduced new implementation rules under Article 43 of the National Security Law (NSL), granting police the power to compel designated individuals to unlock electronic devices such as phones and computers. The amendments took effect on March 23 and were enacted by Chief Executive John Lee and the Committee for Safeguarding National Security, bypassing the Legislative Council.
Under the new rules, a “specified person” — broadly defined to include not just suspects but anyone who owns, has access to, or knows the password of a relevant device — must provide decryption information upon police request. Refusing or providing false information is a criminal offense. Penalties for refusal reach up to HK$100,000 (approximately USD $12,800) and one year in prison, while providing misleading information carries up to HK$500,000 (approximately USD $64,100) and three years imprisonment.
The government insists the changes will not affect ordinary residents’ daily lives or legal rights, and points to similar laws in the UK, Australia, New Zealand, Ireland, and Singapore as precedent. Additional amendments also expand customs officers’ powers to seize items deemed seditious, and allow authorities to order platforms to remove content deemed a threat to national security.
Critics, however, have raised serious concerns. Legal scholars warn that the broad definition of “specified person” could sweep in entirely unrelated individuals — such as family members sharing a device. Georgetown University researcher Eric Yan-ho Lai noted that even judicial oversight under the NSL may be insufficient, as courts can be overridden by a certificate from the Chief Executive declaring national security relevance.
Legal commentators also highlighted that while the government cited foreign laws as models, procedural safeguards in those jurisdictions — such as requiring separate warrants specifically for password disclosure — appear stricter than what Hong Kong’s new rules require.
Source: BBC Chinese, March 27, 2026
https://www.bbc.com/zhongwen/articles/cwyv7wx9jd2o/simp