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SCMP Editorial

EditorialRule changes will help Hong Kong better combat national security threats

The amendments, such as the one related to providing passwords for electronic devices, bring the city in line with other parts of the world that have such requirements

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Police officers outside court in West Kowloon on February 23, on the day the Court of Appeal delivered a verdict on a case involving conspiracy to commit subversion. Photo: Dickson Lee
Threats to national security around the world have become more complex and varied amid heightened geopolitical tensions and technological advances. Laws designed to guard against such threats and the rules governing their implementation need to keep pace with developments. On Monday, Hong Kong introduced a raft of changes to regulations on the enforcement of the city’s national security law, passed by Beijing in 2020. It is the first time, except for a minor technical amendment in 2023, that the rules have been updated.

The changes, intended to better equip law enforcement agencies to investigate national security offences, cover various aspects of their operations. They include restrictions on the ability of suspects to leave Hong Kong, the freezing and forfeiture of funds relating to offences and authorising customs officers to seize seditious material. Amendments have also been made to assist officers in obtaining information from suspected foreign political organisations when investigating them.

One new rule gives police the power to require suspects to provide the passwords for their electronic devices, or other information needed to allow the authorities to access them. Failure to comply could result in a prison sentence of one year and a fine of HK$100,000 (US$12,765). This rule is intended to speed up investigations and to ensure evidence is not lost while police take the time to gain access. Officers below the rank of assistant commissioner are, in most cases, required to obtain a warrant from a magistrate before seizing the devices, providing some judicial oversight.
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It brings Hong Kong into line with other parts of the world that already require suspects to provide passwords. Common law countries, including Britain, Australia, New Zealand and Singapore, have similar laws, some with more severe penalties.

A rule allowing the authorities to secure the removal of material posted online that is deemed to be likely to constitute a national security offence has been expanded, in a bid to prevent such material from being widely reposted.

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The government stressed that the amendments comply with the Basic Law, including its human rights provisions. It is important that the right balance is struck between law enforcement and protections such as those relating to privacy and legal professional privilege.

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