Hong Kong authorities are facing controversy after moving to codify a rule that would require not only foreigners living in Hong Kong but also visitors to provide passwords to their electronic devices to police when necessary.
According to the South China Morning Post (SCMP), on the 23rd a set of implementation rules for the Safeguarding National Security Ordinance (Article 23 of the Basic Law), which compels foreigners to hand over passwords to electronic devices such as smartphones and laptops and to grant decryption authority to police, was published in the official gazette and notified to foreign diplomatic missions.
Article 23 of the Basic Law is a law focused on punishing acts that threaten national security, such as treason, sedition, and subversion. Prompted by the 2014 Hong Kong pro-democracy protests, it passed in March 2024 and is known as the "Hong Kong version of the National Security Act."
Authorities are believed to have significantly strengthened provisions in the recent implementation rules to suppress dissident activities. Providing disinformation that threatens national security is punishable by up to three years in prison and a fine of 500,000 Hong Kong dollars (about 96.32 million won), and police sanctions were also authorized against groups suspected of being external political organizations or potential foreign spies.
In addition, if a security threat is suspected, foreigners residing in Hong Kong and those transiting through the city can be forced to unlock electronic devices in their possession. Refusal is punishable by up to one year in prison and a fine of 100,000 Hong Kong dollars.
In response, the U.S. Consulate General in Hong Kong issued a "security alert" to inform its nationals living locally of the unfairness of the implementation rules, and this led to the summoning of U.S. Consul General Julie Eade in Hong Kong.
However, the Hong Kong government said the strengthened implementation rules would have a limited impact on the daily lives of ordinary citizens.