The Hong Kong government on Monday gazetted and immediately implemented revised implementation rules under Article 43 of the National Security Law, empowering police to compel suspects to provide passwords for electronic devices and introducing new penalties and enforcement powers.
The Amendment Rules, effective today, state that police officers may require specified individuals under national security investigation to hand over passwords or decryption methods for electronic devices.
Failure to comply is now a criminal offense, punishable by a fine of up to HK$100,000 and one year in prison.
The amendments also clarify penalties for non-compliance with court orders to surrender travel documents, unauthorized departure from Hong Kong while under investigation for suspected national security offences, or breaching conditions attached to returned documents or approved travel.
Police, with approval from the Secretary for Security, can now order the removal of electronic messages deemed likely to constitute or incite national security crimes.
The Commissioner of Police may direct message publishers, platform operators, hosting services or network providers to remove or restrict such content within a specified time.
Customs officers gain authority to seize items reasonably suspected of carrying seditious intent during duties at designated locations, and the Commissioner of Customs can apply to a magistrate for forfeiture.
Government spokespeople explained that the changes draw from years of case-handling experience to refine enforcement tools, clarify procedures and strengthen agencies’ capabilities amid complex and unpredictable geopolitical risks.
They stressed the need for constant vigilance to fulfill constitutional duties in safeguarding national security. Officials insisted the revisions fully comply with the Basic Law, including human rights provisions, and the National Security Law itself, without affecting ordinary citizens’ daily lives or the normal operations of organizations.
Representatives from the Security Bureau and Department of Justice will brief lawmakers at a joint meeting of the Legislative Council’s Panel on Administration of Justice and Legal Services and Panel on Security tomorrow. (The Standard)