‘Hidden gurus’ will be able to decrypt devices in Hong Kong national security cases
New rules allow authorities to demand passwords from suspects or external technicians, with penalties for non-compliance.
Hong Kong authorities have amended the implementation rules for the city's national security law, granting police explicit power to compel decryption of electronic devices during investigations. Security chief Chris Tang Ping-keung and acting justice secretary Horace Cheung Kwok-kwan briefed lawmakers, emphasizing the amendments only improve procedural clarity and do not create new law enforcement powers. The updated rules, gazetted on March 24, 2026, allow officers to demand passwords or decryption methods from suspects. Crucially, they can also require any 'specified person'—a category that includes external technicians—to assist in unlocking devices.
Legislator Elizabeth Quat raised specific concerns about these 'specified persons,' questioning whether 'hidden gurus' like computer shop technicians could be conscripted to help police bypass encryption. The rules also introduce potential penalties for suspects who provide incorrect passwords or falsely claim to have forgotten them. This move formalizes and potentially expands the pool of individuals authorities can legally compel to assist in decrypting data for national security cases, which can involve crimes like secession, subversion, terrorism, and collusion with foreign forces.
- Amendments allow police to demand device decryption from suspects or any 'specified person,' including external technicians.
- Suspects face potential punishment for providing wrong passwords or falsely claiming to have forgotten them.
- Officials Chris Tang and Horace Cheung insist the changes clarify procedures but do not grant new powers.
Why It Matters
Formalizes compelled decryption in security cases, expanding state access to digital evidence and implicating third-party technicians.