Traveling with your cell phone in your pocket and your laptop in your backpack is part of the routine of many travelers. In places like Hong Kong, however, that normality has just taken on a different nuance. Recently, refusing to comply with a police request to facilitate access to these devices in certain investigations is no longer just an uncomfortable decision, but can lead to criminal consequences. What could previously be interpreted as a privacy issue now falls squarely within the scope of the law.
The change. The Hong Kong Government amended on March 23, 2026 the application rules linked to the national security lawintroducing new powers for security forces in this type of investigation. According to the Consulate General of the United States in the cityfrom then on refusing to provide passwords or decryption assistance may constitute a criminal offense. The obligation is not limited to delivering a code, but includes decryption methods and the assistance necessary to access the information contained on mobile phones, computers and other electronic devices in investigations related to national security.
Scope of measurement. This is not an issue reserved for residents of US origin or especially exposed profiles. The change affects anyone in the city, including foreign citizens, as well as those arriving at or simply transiting through the international airport. At the same time, the information collected by Euronews specifies that the measure operates in investigations connected to the national security law and that it affects not only the owner of the device, but also anyone who controls it, is authorized to access it or knows the keys necessary to unlock it.
Legal consequences. Refusal to collaborate does not remain an administrative clash, but can lead to specific criminal sanctions. Refusing to provide passwords or required assistance can lead to up to one year in prison and a fine of up to HK$100,000 (about €11,000). The scenario becomes even tougher if the person provides false or misleading information, since in that case the penalties can reach up to three years in prison and fines of up to 500,000 Hong Kong dollars (about 55,000 euros).


Beyond the password. The scope of the reform is not limited to specific access to a device. Authorities now have greater ability to seize and retain mobile phones, computers or other personal equipment as evidence if they allege they are linked to national security crimes. Added to this is another relevant element collected by the aforementioned medium: the obligation to collaborate can be imposed even when there is a duty of confidentiality or other restrictions on the disclosure of information, as in the case of journalists, doctors or lawyers.
Context. Hong Kong authorities maintain that these tools are necessary to prevent, suppress and punish activities that put national security at risk, and defend that the rules respect the Basic Law and human rights protections. Faced with that position, Reuters picks up criticism from jurist Urania Chiuresearcher and law professor in the United Kingdom, who considers it disproportionate to grant such broad powers to security forces without judicial authorization. That is where this reform stops being a simple procedural change and begins to reopen the debate on privacy, communications and freedoms.
Images | Jiachen Lin | Nick Low

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