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New NSL Amendments Allow HK Police to Access Phone Passwords

Under the new amendments to the National Security Law, Hong Kong police can now demand passwords to phones and computers from individuals suspected of security law breaches, raising significant concerns about personal privacy and civil liberties.

Source: bbc.co.uk1 min read
New NSL Amendments Allow HK Police to Access Phone Passwords
Image via bbc.co.uk

In brief

Hong Kong police have been granted powers to demand phone and computer passwords from suspects under new amendments to the National Security Law (NSL). Refusal to comply could lead to a year in prison or hefty fines, while providing false information could result in longer sentences. The NSL, introduced in 2020 following pro-democracy protests, has been criticized for its broad and vague definitions of offenses. This latest move is seen by many as a further step in eroding civil liberties in the city.

Hong Kong police can now demand phone or computer passwords from those who are suspected of breaching the wide-ranging National Security Law (NSL).

Those who refuse could face up to a year in jail and a fine of up to HK$100,000 ($12,700; £9,600), and individuals who provide false or misleading information could face up to three years in jail.

It comes as part of new amendments to a bylaw under the NSL that the government gazetted on Monday.

The NSL was introduced in Hong Kong in 2020, in wake of massive pro-democracy protests the year before. Authorities say the laws, which target acts like terrorism and secession, are necessary for stability - but critics say they are tools to quash dissent.

The new amendments also give customs officials the power to seize items that they deem to have seditious intention.

Monday's amendments ensure that activities endangering national security can be effectively prevented, suppressed and punished, and at the same time the lawful rights and interests of individuals and organisations are adequately protected, Hong Kong authorities said on Monday.

Changes to the bylaw were announced by the city's leader, John Lee, bypassing the city's legislative council.

While law enforcement officials in many parts of the world have the authority to demand access to electronic devices as part of criminal investigations, the NSL covers a sweeping range of vaguely defined offences from secession, subversion, terrorism and collusion with external forces.

The NSL also allows for some trials to be heard behind closed doors.

The city has seen the arrests of hundreds of protesters, activists and former opposition lawmakers since the introduction of the NSL. In February, the father of pro-democracy activist in exile was jailed for trying to cash out her insurance policy, under a homegrown law that expands on the NSL.

Also in February, media tycoon Jimmy Lai was sentenced to 20 years in jail after being convicted of foreign collusion and publishing seditious material under the NSL.

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