If you’re traveling to or even through Hong Kong, this is at least something to be aware of (thanks to @istrakhov for flagging this)…
In this post:
Hong Kong implements strict new electronics search law
The United States Department of State has warned Americans about new rules that have just been implemented in Hong Kong, related to the National Security Law. Specifically, it’s now a criminal offense to refuse to give Hong Kong police the passwords or decryption assistance to access all personal electronic devices, including mobile phones and laptops.
This legal change applies to everyone in Hong Kong, including those arriving at or even just transiting Hong Kong International Airport (HKG). Furthermore, the Hong Kong government also has more authority to take and keep any personal devices, as evidence, that they claim are linked to national security offenses.
China has increasingly restricted freedom of speech in Hong Kong in recent years, with things really changing in 2019. Odds are that this would only be used in very targeted ways, and only for those that the government of China may view as problematic. But still, it’s something to be aware of, especially in the context of a global airline hub.
I think the wildest aspect of this policy is that it even applies to those in transit. So that means even if you don’t actually enter Hong Kong, you could still be forced to share the passwords of your devices, or face legal consequences.
How does this compare to the law in the United States?
Many people are pointing out that there’s a certain irony to the Department of State under the current administration warning of the possibility of invasive searches of electronics, given what we’ve seen at our own borders, and beyond.
However, there’s a bit more nuance to this in the United States. Yes, we’ve seen an increase in the number of electronics being searched at the border, and United States Customs and Border Protection (CBP) can request passwords for electronics from arriving passengers.
If you refuse to cooperate, though, you’re not going to potentially go to jail for that:
- If you’re a foreigner, you can be denied entry to the United States for refusing to share log-in details for your electronics
- If you’re a United States citizen, you won’t be denied entry to the United States based on CBP’s inability to search your devices, though the devices may be subject to exclusion or detention
So that’s still a bit different than potentially facing prosecution for not providing the passwords for your electronics.
Bottom line
Hong Kong’s National Security Law has been updated, and it’s now a legal requirement to provide police with access to all electronics, including passwords. This includes transit passengers at Hong Kong Airport, and refusing to do so could result in prosecution.
This is one of the more extreme policies you’ll find out there, and I imagine this will only be used in a very targeted way.
Would this new rule impact your willingness to travel to or through Hong Kong?
ps in the US a foreigner may be denied entry and imprisoned in a concentration camp for months for not disclosing passwords.
Incorrect. US doesn’t imprison. They may deny entry and make you fly home. Also there’s no concentration camps. Clearly a zero T commenter.
The US government doesn’t understand irony here. Bunch of clown US Americans are. Their Christian fascist government does precisely the same. Visa ESTA applications require disclosure to of several years social media history.
I guess I’ll never experience Cathay Pacific or the HKG lounges. Not worth the risks.
Applying this to transit-only passengers is dumb. But that’s what you get under communist rule.
It’s actually something closer to a fascist dictatorship organised around a personality cult at this stage, much like the DPRK.
Sensationalist rubbish. The actual position is much more nuanced (but wouldn’t make as good a story would it?):
“It is not until legal authorisation to search an electronic equipment has been obtained that police can really require a specified person to provide the password or decryption method of the electronic equipment,” he stressed. “There is no case in which police can randomly ask ordinary citizens on the street for their electronic devices, such as their...
Sensationalist rubbish. The actual position is much more nuanced (but wouldn’t make as good a story would it?):
“It is not until legal authorisation to search an electronic equipment has been obtained that police can really require a specified person to provide the password or decryption method of the electronic equipment,” he stressed. “There is no case in which police can randomly ask ordinary citizens on the street for their electronic devices, such as their mobile phones and their password.” The spokesman stressed that the revised rules were in line with the Basic Law, the city’s mini-constitution, and its Bill of Rights, adding many common law jurisdictions also authorised law enforcement officers to require the provision of decryption methods of electronic equipment during investigations and evidence gathering.
Fake news
If you're not going to China or Hong Kong or Macau, it is not necessary to transit HKG. Just transit on EVA Air, Starlux, China Airlines (through Taiwan), Singapore Airlines, etc.
There are actually many countries with such a "key disclosure law" that compels the disclosure of a password or decryption key under pain of criminal prosecution, with Australia, France, and the UK being examples. Of course, there's a point about the likelihood of HK to abuse this law compared to those countries, but just from a standpoint of whether its existence should give you pause, you may be travelling through many Western countries with a...
There are actually many countries with such a "key disclosure law" that compels the disclosure of a password or decryption key under pain of criminal prosecution, with Australia, France, and the UK being examples. Of course, there's a point about the likelihood of HK to abuse this law compared to those countries, but just from a standpoint of whether its existence should give you pause, you may be travelling through many Western countries with a similar law without realizing.
Burner phones and burner laptops. Or boycott Cathay Pacific.
Sum Ting Wong?? Lol
Boomer humor
That’s really funny!
Now do a black person, or a Jewish person!
What is not clear is if this applies to all potential crimes or only to national security offences. Not good in any case but less concerning if so. However, the government now tends to classify everything they dont like as national security
Disappointing news, but I assume this was already the policy for mainland China so it’s not surprising. Won’t change my plans to visit in September, but it will be something that gives me pause.