The Hong Kong government has introduced stringent new regulations requiring individuals to surrender their phone and computer passwords during investigations involving the city’s national security law. Under the amendments that came into effect on Monday, 23 March 2026, those who refuse to provide any necessary decryption methods to allow police access to electronic equipment face a maximum penalty of one year in prison. This marks a significant shift in the territory’s legal landscape, as withholding access to digital devices was not previously classified as a criminal act of obstruction.
In addition to potential jail time, offenders can be fined up to HK$100,000 (approximately US$12,780) for non-compliance. These updated rules cast a wide net, applying not only to suspects under active investigation for endangering national security but also to the owners or possessors of the equipment. Furthermore, the mandate extends to any individual authorised to access the devices or anyone known to possess the relevant decryption information. Authorities have also increased penalties for providing false or misleading information during such probes, which can now result in up to three years’ imprisonment and a fine of HK$500,000.
The amendments were gazetted by Chief Executive John Lee in conjunction with the Committee for Safeguarding National Security, utilizing executive powers to bypass the city’s legislature for immediate implementation. A government spokesperson stated that the measures are vital to ensure that activities threatening national security are effectively suppressed and punished. Officials maintained that the new provisions align with the Basic Law and existing human rights protections, claiming they will not interfere with the daily lives of law-abiding citizens or the normal operations of local institutions.
The scope of these powers has also been expanded to include customs officers, who are now authorised to seize items deemed to have “seditious intention.” This applies even if no arrests have been made, targeting the potential smuggling of materials from overseas that could be used to undermine state authority. These enforcement mechanisms are part of a broader effort to strengthen the city’s legal framework following the implementation of the Beijing-imposed national security law in 2020 and Hong Kong’s own domestic security legislation passed in 2024.
Critics and legal experts have expressed concerns regarding the impact on fundamental liberties, specifically the right to privacy of communication and the right to a fair trial. However, the government insists that the “complex and volatile geopolitical situation” necessitates a high degree of vigilance and a robust legal system to mitigate risks that may arise suddenly. Representatives from the Security Bureau and the Department of Justice are scheduled to brief lawmakers on the technical details and procedural safeguards of the amendments during a joint panel meeting this week.
