Hong Kong has introduced a new and controversial law that gives police the power to demand passwords for a person’s phones, laptops, and other electronic devices without requiring a warrant. This move comes under amendments to the city’s national security framework.

It has sparked concerns about privacy and civil liberties, particularly for travellers visiting the city, according to a report by The Guardian. The new law took effect immediately after being gazetted, significantly expanding the powers of law enforcement authorities.

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What the new law permits

Under the amended provisions, Hong Kong police can require individuals suspected of violating their national security to provide passwords, decryption keys, or any other necessary access to their electronic devices. Notably, this can be done without any prior judicial approval, meaning officers do not need a court-issued warrant to make such demands.

Failure to comply with such a request is now a criminal offence. Those who refuse to provide access could face up to one year in prison along with a fine of HK$100,000. Providing false or misleading information carries even stricter penalties, including up to three years in jail and a significantly higher fine of HK$500,000 or Rs 600,000 in Indian currency.

The law also extends powers to customs authorities, allowing them to seize devices or materials deemed to carry “seditious intention”, even in cases where no arrest has been made.

Why is it a concern for travellers

For travellers, the new law introduces a layer of uncertainty regarding digital privacy when visiting or transiting through Hong Kong. Individuals carrying personal or work devices may be required to unlock them if they fall under suspicion, raising concerns for professionals like journalists, business professionals, and activists in particular.

The broader context of the law lies in Hong Kong’s national security framework, introduced in 2020 and expanded further in recent years. Authorities argue that the measures are necessary to prevent and address threats to national security. However, legal experts and rights advocates have raised concerns over the lack of judicial oversight and the potential impact on privacy rights and fair trial protections.

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Urania Chiu, a law lecturer in the UK researching Hong Kong, was quoted as saying by The Times of India, “The sweeping powers given to law enforcement officers without any need for judicial authorisation are grossly disproportionate to any legitimate aim the bylaw purports to achieve.”

As global attention remains on Hong Kong’s evolving legal landscape, the new password law is likely to influence how travellers, companies, and international stakeholders approach data security while operating in or passing through the region.