HKSAR Government strongly disapproves of misleading information and biased smear by foreign organisations and politicians, anti-China organisations and biased media regarding amendments to the Implementation Rules for Article 43 of the HKNSL and work of HKSAR in safeguarding national security.
The Hong Kong Police, Photo source: reference image
The Hong Kong Special Administrative Region (HKSAR) Government today (March 27) expressed strong dissatisfaction with the misleading information and sweepingly generalised descriptions by certain foreign organisations and 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 Special Administrative Region (the Implementation Rules), particularly Schedule 1 thereto. The HKSAR Government makes solemn clarifications to set the record straight.
A spokesperson for the HKSAR Government stressed, "Safeguarding national security is a top priority of every country. In accordance with international law and international relations based on the Charter of the United Nations, it is each and every sovereign state's inherent right to enact laws safeguarding national security having regard to its own actual circumstances, and it is also an international practice. No country will watch with folded arms and tolerate any of such acts and activities endangering national security without taking any action."
"The making of 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 Special Administrative Region (Amendment Rules) is in conformity with the Basic Law, including the provisions concerning human rights, as well as the relevant provisions under the Hong Kong National Security Law. The Amendment Rules only enhance the powers of law enforcement authorities of the HKSAR and the various measures available to them when handling cases concerning offence endangering national security. The Amendment Rules set out stringent requirements by providing in detail under what circumstances the law enforcement authorities can exercise the powers; and incorporating mechanisms with the Judiciary playing the role of approval authority for various measures introduced by the Amendment Rules, with a view to ensuring that when law enforcement officers carry out various measures, acts and activities endangering national security can be effectively prevented, suppressed and punished, and at the same time the lawful rights and interests of individuals and organisations are adequately protected in accordance with the requirements of Article 4 and Article 5 of the Hong Kong National Security Law," a Government spokesperson emphasised.
The spokesperson further stressed, "According to the amended Schedule 1 to the Implementation Rules, under normal circumstances, police officers must have reasonable grounds to suspect that an electronic equipment may contain evidence of an offence endangering national security, and must apply for a warrant and obtain authorisation from a magistrate before they can search the electronic equipment to obtain relevant criminal evidence in accordance with the warrant. Only after being legally authorised to search an electronic equipment can the police require a specified person to provide the password or decryption method of the electronic equipment. Therefore, It is not until legal authorisation to search an electronic equipment has been obtained can the police really require a specified person to provide the password or decryption method of the electronic equipment. There is no case that the police can randomly ask ordinary citizens on the street for their electronic devices (such as their mobile phones) and their password. The purpose for the police to require a specified person to provide the password or decryption method of an electronic equipment is to carry out the search duty already legally authorised.
"We must emphasise that the amended Schedule 1 of the Implementation Rules is consistent with the protection of the freedom and privacy of communication under Article 30 of the Basic Law, as well as the protection of privacy and correspondence under Article 14 of the Hong Kong Bill of Rights. Many common law jurisdictions authorise law enforcement officers to require the provision of decryption methods of electronic equipment during investigations and evidence gathering, such as the Regulation of Investigatory Powers Act 2000 of the United Kingdom, the Crimes Act 1914 of Australia, the Search and Surveillance Act 2012 of New Zealand and the Criminal Procedure Code 2010 of Singapore. The Federal government of the United States and its various states also authorise law enforcement agencies to require the relevant persons to provide password or other decryption assistance under specified circumstances.
National Security Law, Photo source: AP image
"In fact, the Court of Appeal has held in previous case that the Police may apply for a Magistrate's warrant to search an electronic equipment. Schedule 1 to the Implementation Rules before amendment already authorised a police officer, upon obtaining a warrant issued by a magistrate, to search electronic equipment that may contain evidence of offences endangering national security. The present amendments merely authorise police officers, in exercising the power mentioned above, to require specified persons to provide decryption methods, so that police officers can exercise search powers swiftly, and minimise the time required to decrypt electronic devices, thereby reducing the risk of not being able to identify other suspects involved in the case or obtaining certain crucial evidence in time. The relevant measures do not constitute any additional interference with the freedom or privacy of communication etc.
"The HKSAR law enforcement agencies have been taking law enforcement actions based on evidence and strictly in accordance with the law in respect of the acts of the persons or entities concerned, and have nothing to do with their political stance, background or occupation."
Central Government Offices, Photo source: reference image
"The HKSAR will continue to resolutely discharge the responsibility of safeguarding national security, effectively prevent, suppress and impose punishment for acts and activities that endanger national security in accordance with the law, and safeguard the rights and freedoms enjoyed by Hong Kong people in accordance with the law at the same time," the spokesman emphasised.
