Security chief Chris Tang on Tuesday said amendments to the implementation rules of the National Security Law do not mean police officers can arbitrarily request people on the street to surrender their phone passwords.

As part of the amendments that were gazetted and took effect a day earlier, people who refuse to provide passwords or decryption for smartphones or electronic devices when asked to do so by the authorities could be jailed for up to a year.

Tang told a Legislative Council meeting such refusal would be the same as preventing officers with a warrant from entering a suspect's residence.

He also made it clear police are required to apply for a search warrant.

"The amendments only target national security cases... requiring police officers to apply for a search warrant and clearly specifying which type of electronic devices they are asking the passwords for. We won't do this casually," Tang said.

"[Comments suggesting that] a police officer will ask you on the street for a password to your electronic device are false, and are used to scare people."

DAB lawmaker Chris Ip raised the deterrent effect of the penalty, saying some might think refusing to offer their passwords would only result in a year in jail while handing them over could result in a decade behind bars.

"Some might say if they don't offer their passwords, then there's nothing the authorities could do and at most, it would be spending a year in jail. But no, we actually have the technology to decrypt [the devices]. It just takes some time," Tang responded.

Several other lawmakers said some people may claim to have forgotten their passwords.

The secretary for security said it would depend on the case's circumstances.

"For example, if that person unlocked the smartphone five times today, it would be impossible to say that person forgot [the password]," Tang said.



Edited by Edmond Fong