Source: Hong Kong Information Services
The Hong Kong Special Administrative Region Government today expressed strong dissatisfaction with misleading information and generalised descriptions by certain foreign organisations, politicians, anti-China organisations and media regarding the amended implementation rules for Article 43 of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong SAR.
In a statement issued tonight, the Hong Kong SAR Government made solemn clarifications to set the record straight, particularly concerning Schedule 1 of the rules.
It reiterated that the 2026 Implementation Rules for Amending the Implementation Rules for Article 43 of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong SAR conform with the Basic Law, including its human rights provisions, as well as the relevant requirements under the Hong Kong National Security Law.
The amendment rules are designed to enhance the powers and measures available to law enforcement authorities of the Hong Kong SAR when handling cases involving offences that endanger national security.
They set out stringent requirements specifying the precise circumstances under which these powers may be exercised.
The rules also incorporate mechanisms that place the Judiciary in a gatekeeping role. This ensures that while law enforcement can effectively prevent, suppress and punish acts endangering national security, the lawful rights of individuals and organisations remain adequately protected under Articles 4 and 5 of the Hong Kong National Security Law.
The Hong Kong SAR Government emphasised that under the amended Schedule 1, police officers must have reasonable grounds to suspect that an electronic equipment device contains evidence of a national security offence. In such cases, they must obtain a warrant from a magistrate before conducting a search for criminal evidence.
Only after receiving legal authorisation to search a device may the Police require a specified person to provide a password or decryption method.
Consequently, the Police cannot compel the disclosure of such access information until a formal search warrant has been granted.
The Government clarified that the Police do not have the power to randomly demand electronic devices, such as mobile phones or their passwords from citizens on the street. The requirement for a specified person to provide a password or decryption method is strictly for the purpose of carrying out a legally authorised search.
The Hong Kong SAR Government further stated that the amended Schedule 1 of the implementation rules is consistent with Article 30 of the Basic Law, which protects the freedom and privacy of communication, and Article 14 of the Hong Kong Bill of Rights, which safeguards privacy correspondence.
It was also noted that many common law jurisdictions have similar provisions for investigations. These include the Regulation of Investigatory Powers Act 2000 in the UK, Australia’s Crimes Act 1914, New Zealand’s Search & Surveillance Act 2012 and Singapore’s Criminal Procedure Code 2010. Similarly, the US federal and state governments authorise law enforcement agencies to require decryption assistance under specified circumstances.
The Government noted that the Court of Appeal has previously affirmed the authority of Police to apply for a magistrate’s warrant to search electronic equipment. Prior to the recent update, Schedule 1 of the Implementation Rules already empowered officers to conduct such searches upon obtaining a court-approved warrant.
The current amendments merely extend this power by allowing officers to require specified persons to provide decryption methods. This ensures that legally authorised searches can be conducted swiftly, reducing the risk of critical evidence being lost or other suspects remaining unidentified due to decryption delays.
These measures do not constitute any additional interference with the freedom or privacy of communication, the Hong Kong SAR Government added.
It said emphasised that law enforcement actions are taken strictly based on evidence and in accordance with the law. Such actions target the specific acts of the persons or entities concerned, and are entirely unrelated to their political stance, background or occupation.
Reaffirming its commitment, the Hong Kong SAR Government stressed that it will continue to resolutely safeguard national security. It remains dedicated to preventing, suppressing and punishing acts that endanger national security in accordance with the law, while simultaneously upholding the rights and freedoms guaranteed to Hong Kong people.