"You Could Face Jail Time Just for Visiting Hong Kong"...The 'Security Law' You Can't Afford to Ignore

"Visitors Also Face Penalties for Refusing to Provide Phone Passwords"


Up to One Year in Prison or Fines for Refusal

U.S. Consulate Issues 'Security Alert' to Citizens

China Summons U.S. Consul General in Hong Kong

Hong Kong authorities are facing controversy after mandating the submission of electronic device passwords from foreign residents and visitors. In response, the U.S. Consulate General in Hong Kong issued a "security alert" to U.S. nationals, prompting China to summon the U.S. Consul General in Hong Kong.

Hong Kong authorities are facing controversy for mandating the submission of electronic device passwords from resident foreigners and visitors. According to the revised regulations, refusal to submit passwords may result in up to one year of imprisonment or a fine of 100,000 Hong Kong dollars (approximately 19.2 million Korean won). Getty Images

On March 28 (local time), the South China Morning Post (SCMP) reported, "After the U.S. Consulate General in Hong Kong issued an alert to its citizens regarding the amended law that punishes refusal to submit smartphone passwords in Hong Kong, the Chinese government summoned the U.S. Consul General in Hong Kong to lodge a protest."

In a statement, the Hong Kong office of China’s Ministry of Foreign Affairs said, "We express strong dissatisfaction and resolute opposition, and we urge the U.S. side to immediately stop interfering in Hong Kong affairs and China’s internal matters in any form."

Regarding this, the U.S. Consulate stated, "We do not comment on the specifics of diplomatic interactions."

The Hong Kong government also expressed strong regret early this week over what it called "misleading information and excessively generalized explanations" by foreign institutions and media concerning the implementation rules of the recently amended Safeguarding National Security Ordinance (Article 23 of the Basic Law), and said it would work to correct the record.

Smartphone. Photo is unrelated to specific expressions in the article. Pixabay

This response came after the U.S. Consulate issued a security alert to Americans in Hong Kong. The alert stated, "It is now a crime for anyone to refuse to provide passwords or decryption information for personal electronic devices, such as mobile phones and laptops, upon the request of Hong Kong police." It further explained, "This law applies not only to those staying in Hong Kong but also to Americans transiting through Hong Kong International Airport," and noted, "Authorities have expanded powers to seize and retain personal devices if they deem it related to national security."

According to the amended regulations, refusal to provide passwords may result in up to one year of imprisonment or a fine of 100,000 Hong Kong dollars (approximately 19.2 million KRW). Providing false or misleading information can result in up to three years of imprisonment and a fine of 500,000 Hong Kong dollars (approximately 96.3 million KRW).

A spokesperson for the Hong Kong government explained that, as a rule, police must have reasonable grounds to suspect that an electronic device contains evidence of a national security violation, and they must obtain a court warrant to conduct a search. The spokesperson emphasized, "Only after legal authorization is granted can a specific individual be required to provide a password or decryption method," and added, "There is no situation where police can arbitrarily demand passwords and access to citizens’ mobile phones on the street."

The government also claimed that the amendment is consistent with the Basic Law and the Bill of Rights, adding that similar regulations exist in other countries such as the United Kingdom and Singapore. In these countries, refusal to provide passwords can result in up to five years and ten years of imprisonment, respectively. The government further stressed that law enforcement is based on conduct and evidence, not political positions or backgrounds.

On March 24, Hong Kong published the amendment in the official gazette. This marks the first major amendment to the implementation rules since China introduced the National Security Law in 2020. The amendment also grants the Commissioner of Police the authority to require certain organizations to provide relevant information if they are deemed foreign political organizations or agents. Additionally, authorities have been granted the power to order the removal of online content considered to threaten national security.

This content was produced with the assistance of AI translation services.