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Expert insights on National Security Law amendments
The Implementation Rules of the National Security Law and their latest amendments were the focus of a recent Ming Pao news feature, where Felix Ng, Partner of Head of our Criminal Defence and Securities & Regulatory practice, provided expert insight drawing on his two decades of experience in criminal investigations.
During the discussion, he examined whether there are legal obligations of suspects to disclose digital device passwords during criminal investigations, drawing a comparison with the regulatory regime under the Securities & Futures Ordinance (SFO; Cap 571) for financial misconduct cases.
Digital device passwords and SFO investigative powers
Felix noted that in general criminal cases, search warrants issued by criminal courts typically grant the power to the investigation authorities to seize devices but not to compel the provision of passwords. However, he highlighted that under the SFO, the Securities and Futures Commission (SFC) already possesses statutory authority to require such disclosure, subject to other protection under section 187 of SFO and legal professional privilege (LPP).
Felix then examined the latest amendments in 2026 to the Implementation Rules for Article 43 of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, which were recently gazetted to streamline enforcement powers including granting powers to authorities to compel the provision of passwords to digital devices during investigations concerning national security offences. (For the relevant HKSAR government press release: please click here)
The original Ming Pao News article
Read the full Ming Pao article here (available in Chinese only): Warrants generally do not grant police access to passwords: New amendment partially alters common law evidence-gathering powers, scholar notes
About Felix Ng: Preeminent Hong Kong criminal lawyer
As one of the industry’s leading white-collar crime and regulatory lawyers – most recently recognised by the Doyle’s Guide 2026 as a Preeminent Hong Kong criminal lawyer, he manages complex investigations and proceedings initiated by authorities such as the SFC, Competition Commission, the Independent Commission Against Corruption (ICAC), the Commercial Crime Bureau (CCB), the Stock Exchange of Hong Kong (HKEX), alongside various international enforcement agencies. He advises listed companies, global financial institutions, and multi-national corporations on matters such as commercial fraud, anti-corruption, money laundering, market manipulation, data privacy, and the evolving landscape of cryptocurrency and regulatory compliance.
Further reading on Hong Kong Criminal and National Security Law
We invite you to read our relevant articles on these evolving legal issues:
- CFI upholds SFC’s investigative powers on seizure of digital devices: An analysis of the court’s confirmation of the SFC’s digital search authority as noted in Cheung Ka Ho Cyril v SFC [2020] HKCFI 270, one of the two cases discussed in the Ming Pao news article abovementioned.
- Hong Kong’s national security law overview: A comprehensive guide by Haldanes criminal law partner, Andrew Powner.
- 4 criminal offences defined by the NSL (and its implementation): A breakdown of the core offences and procedural rules under the law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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