US citizens traveling to Hong Kong are being warned that refusal to hand over passwords or access to their personal devices is now a criminal offense.
The US Consulate General in Hong Kong and Macao issued a warning that the Hong Kong government has changed the rules relating to the National Security Law on March 23.
The change applies to everyone in Hong Kong, including residents, visitors and travelers transiting through the airport.
“It is now a criminal offense to refuse to give the Hong Kong police the passwords or decryption assistance to access all personal electronic devices, including cellphones and laptops,” the statement said.
The new rule makes it illegal to refuse police requests for passwords or assistance in gaining access to personal electronics, including cell phones and laptops.
Refusal to comply is now a criminal offense and can lead to up to a year in jail and a fine of up to HK$100,000, or $12,760 USD.
Those who provide “false or misleading information” could face up to three years in jail, the BBC reported.
“In addition, 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,” the Consulate General noted.
The travel process is now intensified for anyone carrying smartphones, laptops or other personal electronic devices — including people simply passing through Hong Kong International Airport.
On its TravelGov account, the U.S. State Department’s Bureau of Consular Affairs doubled down on the message, stressing that the rule even applies to U.S. citizens abroad, even if they’re just passing through.
The consulate said U.S. citizens should contact American officials if they are arrested or detained and advised travelers to enroll in the Smart Traveler Enrollment Program (STEP) to receive security updates and alerts.
It’s unclear how the new rule will be enforced or how frequently it will be done, but travelers should be aware of the risks before traveling to or through Hong Kong.
Urania Chiu, a law lecturer in the UK researching Hong Kong, told Reuters that the new implementations are in conflict with fundamental liberties, including the privacy of communication and the right to a fair trial.
“The sweeping powers given to law enforcement officers without any need for judicial authorization are grossly disproportionate to any legitimate aim the bylaw purports to achieve,” Chiu said.
Meanwhile, Hong Kong authorities said that the changes are being implemented to ensure that “activities endangering national security can be effectively prevented, suppressed and punished, and at the same time the lawful rights and interests of individuals and organizations are adequately protected.”
A Hong Kong government spokesperson added that the provision “will not affect the lives of the general public or the normal operation of institutions and organizations.”
The National Security Law was introduced in Hong Kong in 2020 amid pro-democracy protests the year prior. Authorities claim that the laws, which target certain acts such as terrorism and secession, are necessary for stability, though critics say they’re made to stop any dissent.
