If you value privacy, you may not want to go to Hong Kong anytime soon. Already reeling under the draconian National Security Law, the government of Hong Kong decided it didn’t go far enough. Now, the right to privacy is going out the window for computer passwords. Once a beacon of liberty, Hong Kong is fast becoming a warning sign for how fast tyranny can be imposed.
According to the amendment to the National Security Law (NSL), anyone who refuses to give up their computer password could be sentenced to a year in prison. This includes professionals whose devices contain privileged information, such as journalists, doctors, and lawyers, making the NSL even more stringent than it was before the amendment. Already, the NSL imposes harsh sanctions on anyone accused of sedition. Hundreds of Hong Kongers have been arrested under the law, with a conviction rate of over 80%%. Erasing any doubt that Hong Kong has the rule of law.
This amendment is significant for a couple of reasons. First, it interferes with the right to a fair trial. Defendants need to be able to communicate openly with their attorneys. If a lawyer’s computers and cellphones are subject to warrantless searches, defendants will not openly discuss their cases with their lawyers, hampering their ability to strategize. Second, the amendment can be used as a fishing expedition by law enforcement. Under the rule of law, the burden of proof lies with the prosecutor to prove that the accused has credibly committed a crime. After the recent amendment, Hong Kong law enforcement can simply search through people's records until they find something incriminating.
This doesn’t just affect Hong Kong residents; foreigners are also subject to the amendment to the NSL, including businessmen, tourists, and even people merely passing through. As a result, the US Consulate General in Hong Kong and Macau issued a travel warning for U.S. citizens traveling through or to the city, upsetting China’s Hong Kong Affairs Office. In an incredible twist of irony, the Hong Kong government wants to have its cake and eat it too. They want to be able to oppress their people and foreigners with impunity and not suffer the consequences of this policy on their economy and tourism. The US State Department is wise not to back down.
The change to the NSL won’t just affect tourism in the city; it will also affect its status as a financial hub. In years past, Hong Kong was one of Asia’s financial hubs due to a relaxed regulatory environment and its independent judiciary. However, the independent nature of Hong Kong declined to such a point that the US revoked Hong Kong’s special status in 2020. The amendment to the NSL only further hurts Hong Kong’s reputation, which will further damage its economy.
Unfortunately for the people of Hong Kong, loss of freedom is a feature, not a bug. When Beijing signed the Joint Declaration, returning Hong Kong to China from Britain, it promised it would allow Hong Kong 50 years of autonomy, respect for its liberties, and democracy for the city’s residents. China never intended to uphold those promises.
It wasn’t always like this in Hong Kong. There was a time when it was one of the freest cities on Earth. Milton Friedman filmed parts of his Free to Choose documentary there. The Heritage Foundation regularly ranked it at the top of its economic freedom ranking. This is the legacy of more than a century of British cultural influence. Free markets, the rule of law, and freedom of speech are some of the institutions the British left behind.
Not wanting to let those freedoms leave with the British, Hong Kongers like Jimmy Lai and Martin Lee fought to preserve them. Enduring imprisonment and ludicrous political prosecutions for their troubles. Despite their efforts, the march of tyranny carried on in Hong Kong.
Instead of autonomy, the Chinese Communist Party (CCP) imposed tyranny. Instead of liberty, it got laws that violated the freedom protected by the Basic Law, Hong Kong’s constitution. Instead of democracy, it has ‘patriots only’ requirements to stand for the Legislative Council. Beijing has reneged on every promise it made to Hong Kong.
Hong Kong is likely to continue its descent into tyranny, but the United States doesn’t need to whitewash it. The US and the West as a whole should continue to raise awareness about the tyranny in Hong Kong. The State Department should keep warning people about the dangers of traveling there. In addition, President Trump and other leaders should press Beijing to free Jimmy Lai and other dissidents. His upcoming visit to China in May is a prime opportunity to raise the issue of Mr. Lai’s freedom.
The latest amendment to the National Security Law takes the political climate in Hong Kong from bad to worse. Hundreds of people have already had their rights violated, and things will only get worse from here. If there is any hope for freedom in Hong Kong, supporters in the West have to fight for it.
