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Hong Kong authorities have legislated that foreigners residing in or transiting through the city must provide police with passwords and decryption authorities for their electronic devices, including smartphones and laptops, if deemed necessary. China has summoned the U.S. Consul General in Hong Kong in response, the South China Morning Post (SCMP) reported on the 29th.
Hong Kong Government Headquarters [SCMP Hong Kong Capture]
SCMP reported that the implementation rules for the Safeguarding National Security Ordinance (Article 23 of the Basic Law), which contain these provisions, were published in the gazette on the 23rd and communicated to foreign diplomatic missions in Hong Kong.
Article 23 of the Basic Law is a law passed by the Hong Kong Legislative Council in March 2024, ostensibly to punish acts that threaten national security, such as treason, incitement, and subversion, in response to escalating pro-democracy protests in Hong Kong since 2014. It is referred to as a "Hong Kong version of the National Security Law" that restricts freedoms and human rights in Hong Kong.
Hong Kong authorities have significantly strengthened regulations to suppress anti-government activities in the implementation rules for Article 23 of the Basic Law.
Key provisions of the implementation rules stipulate a maximum penalty of three years imprisonment and a fine of 500,000 Hong Kong dollars (approximately 96.3 million Korean won) for providing false or misleading information that threatens national security.
Additionally, police authorities are empowered to sanction specific groups reasonably suspected of being foreign political organizations or foreign spies, and to order the deletion of online messages deemed to threaten national security from electronic platforms.
Crucially, if there is suspicion of a threat to national security, foreigners residing in or transiting through Hong Kong can be required to unlock their electronic devices. Refusal to comply can result in a maximum penalty of one year imprisonment and a fine of 100,000 Hong Kong dollars (approximately 19.2 million Korean won).
Hong Kong authorities have explained that similar regulations exist in the United Kingdom and Singapore.
However, there have been widespread complaints from foreign residents and visitors in Hong Kong regarding these implementation rules for Article 23 of the Basic Law, and strong backlash from the United States has been reported.
The primary concern is the potential for indiscriminate searching of personal information of local foreigners and casual travelers under the pretext of national security.
For visitors to Hong Kong, criticism has been raised that this constitutes an excessive infringement on privacy and freedom, going beyond the standard security screening procedures at international airports.
In this context, it is also pointed out that caution is needed if one's belongings contain items such as maps or photographs that could be considered security threats when traveling to or transiting through Hong Kong.
In response, the U.S. Consulate General in Hong Kong has informed U.S. citizens residing in the territory about the unfairness of the implementation rules and issued a so-called "security alert," urging caution.
Consequently, on the 27th, Cui Jianchun, Commissioner for the Office of the Commissioner of the Ministry of Foreign Affairs of China in Hong Kong (hereinafter referred to as the Commissioner's Office), questioned the U.S. Consulate General's "security alert," emphasizing that "U.S. citizens refusing to provide passwords and decryption authorities for their personal electronic devices constitutes a criminal offense."
SCMP reported that Chinese authorities summoned Julie Eadeh, the U.S. Consul General in Hong Kong.
The reaction from the Donald Trump administration to this matter has not yet been released.
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