Refusal to comply is now a criminal offense.
The first comment on this article:
As a Hong Kong resident, I should point out that this report was a bit over-sensationalised. The police need a warrant from a court in order to require access to a device, and to obtain such a warrant they need to demonstrate a “national security” reason.
I don’t see this situation as being much different in reality from the situation in other countries – the police and border forces of the UK and New Zealand, for example, have very similar powers. And so does the USA for that matter, where as I understand it, the EFF’s advice is only to bring empty or burner devices across the US border
I am not a lawyer & cannot offer a sound legal assessment
A big difference for the U.S. is that they cannot compel citizens to reveal passwords but they can keep the device if you refuse.
For non-citizens they can deny entry.
The difference for this Hong Kong law is that you are now considered a criminal for refusal and therefore can be charged with a crime and thrown in jail.
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FYI this occurred three months ago.
The comment @privacy.slouchy quoted gives perspective, even if the example countries cited do not make it a crime. It also says the power to compel someone to decrypt requires a warrant, though in the context of Hong Kong’s National Security Law I would question the efficacy of warrants at keeping checks on police powers.
Generally, any scumbag who has enough power over someone can coerce them to do anything. People who lack knowledge of applicable laws, travelers who need to make a flight, victims of police brutality etc. are vulnerable to being coerced into handing over devices, decrypting, unlocking, being searched etc. even when the law doesn’t provide police with such powers nor crimes for refusing to comply. With this in mind, one must recognize such coercive behavior exists everywhere, though there are things people can do to make themselves more resistant against it.
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I could tell you the same about North Korea, the police in North Korea need a valid reason and a warrant from a court before they can arrest a citizen, this is no different from the USA or Germany.
What is different are the political systems of China, North Korea and the USA. You know, free press, elections, free speech, all those annoying things that China and North Korea are not too happy about. A national security reason to seize your devices in China is that you are trying to overthrown the Communist Party rule and you criticise them too much or you could be trying to set up an online independent newspaper.
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National security in Hong Kong means any criticism of the Chinese government. (See NSL). Which judges? The so-called patriot judges aren’t very friendly to HKers.
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