Warrantless search allowed by HK law
New law gives security forces overriding authority to enter property and look for evidence; online censorship allowed
new security law gives Hong Kong authorities the power to conduct warrantless searches and surveillance as well as internet censorship. Security forces are allowed to enter property, look for evidence and confiscate proceeds related to an offense deemed to endanger national security. Also, officials may stop people under investigation for such offenses from leaving the city.
THE HONG KONG GOVERNMENT WILL VIGOROUSLY IMPLEMENT THIS LAW
Carrie Lam Hong Kong Chief Executive
HONG Kong—china’s new national security law gives Hong Kong authorities the power to conduct warrantless searches and surveillance as well as internet censorship among other things, a government document released on Monday revealed.
In the 116-page document, Hong Kong said security forces had overriding authority to enter and search properties for evidence, and stop people under investigation from leaving the city.
The new law may also allow for confiscation of the proceeds related to any offense endangering national security. It will require foreign and Taiwan political organizations and agents to provide information on activities concerning Hong Kong.
Last week, Beijing imposed the law on Hong Kong, a major financial and trade hub, despite protests from Hong Kongers and Western nations.
It targets subversion, secession, terrorism and colluding with foreign forces—its wording kept secret until the moment it was enacted.
Apart from censoring internet content, China has legislated powers to access user data, a move resisted by US tech giants, citing rights concerns.
Late on Monday, US Secretary of State Mike Pompeo spoke out against “Orwellian” moves to censor activists, schools and libraries since the law was enacted.
“Until now, Hong Kong flourished because it allowed free thinking and free speech, under an independent rule of law. No more,” Pompeo said.
China has made no secret of its desire to use the law to crush that democracy movement.
“The Hong Kong government will vigorously implement this law,” Chief Executive Carrie Lam, the city’s Beijing-appointed leader, told reporters on Tuesday.
With prodemocracy books quickly pulled out of libraries and schools, the government signaled in the document released on Monday night that it would also expect obedience online.
Police were granted powers to control and remove online information if there were “reasonable grounds” to suspect the data breaches the national security law.
Internet firms and service providers can be ordered to remove the information and their equipment can be seized. Executives can also be hit with fines and up to one year in jail if they refuse to comply.
The companies are also expected to provide identification records and decryption assistance.
However, the biggest American tech companies offered some resistance.
Facebook, Google and Twitter said on Monday they had put a hold on requests by Hong Kong’s government or police force for information on users.
Twitter and Google told Agence France-presse (AFP) that they, too, would not comply with information requests by Hong Kong authorities in the immediate future.
Twitter told AFP it had “grave concerns regarding both the developing process and the full intention of this law.”
Tiktok, which is owned by Chinese company Byte Dance, announced it was pulling out of Hong Kong altogether.
“In light of recent events, we’ve decided to stop operations of the Tiktok app in Hong Kong,” Tiktok said.