US State Dept warning on travel to or transiting Hong Kong

[offshore171]

Australian customs, immigration also can also inspect your phone not to

Can they jail you for not disclosing the password though? Or just impound the device and seek a warrant?

I imagine they can deny entry to the country if a non citizen.

 

[OZDUCK]

Doesn’t Australia have the same laws though?

I work in London for a UK company and Australia is on our list of “high risk” travel countries where border authorities can force anyone to handover and unlock their devices for searching.

Offshore171 Can they jail you for not disclosing the password though? Or just impound the device and seek a warrant?

I imagine they can deny entry to the country if a non citizen.


Section 186 of The Customs Act applies. There is no legislation to force the supply of a password but the device can be retained, examined and copied. The current policy is that the device must be returned after 14 days.

https://www.abf.gov.au/entering-and-leaving-australia/crossing-the-border/at-the-border#:~:text=Electronic%20devices,retained%20for%20no%20longer%20than

And a Law Firms explanation as well.

Does Australian Border Force Need a Warrant To Take Your Mobile Device? - Criminal Defence Lawyers in Perth

Yes the ABF can take your device without a warrant, although you don't need to provide any passwords. Get the full story here.

www.criminal-lawyer-perth.com.au

 

[RooFlyer]

For all the China haters out there, Australian customs, immigration also can also inspect your phone not to mention the good old USA and many other countries. If you have something to hide, bring a burner phone for your OS trips!

Sorry, comparing Australian immigration and laws to China's is a bit of a stretch. And its not as if anyone needs anything to hide. A search like this can be just a pretext to detention which in China would be pretty opaque.

The reason I posted in the first place under 'Travel News' was to alert travellers that this was now in force in China - just beware. An initial refusal, unaware of the laws might be bad enough ...

 

[kpc]

Sorry, comparing Australian immigration and laws to China's is a bit of a stretch. And its not as if anyone needs anything to hide. A search like this can be just a pretext to detention which in China would be pretty opaque.

The reason I posted in the first place under 'Travel News' was to alert travellers that this was now in force in China - just beware. An initial refusal, unaware of the laws might be bad enough ...

How about comparing it to the US then?

 

[RooFlyer]

How about comparing it to the US then?

I would compare the US in practice unfavourably to Australia (but of course as a non-US national comparison between the two is a bit unfair- I have many more rights as an Australian in Australia compared to an Australian in the USA) but I would still compare China extremely unfavourably to the US.

 

[kpc]

I would compare the US in practice unfavourably to Australia (but of course as a non-US national comparison between the two is a bit unfair- I have many more rights as an Australian in Australia compared to an Australian in the USA) but I would still compare China extremely unfavourably to the US.

I have recently been to China and Hong Kong, and have no hesitation in returning again. Won't say anymore...

 

[Pushka]

I have recently been to China and Hong Kong, and have no hesitation in returning again. Won't say anymore...

None of this worries me. I did delete an X account before I went to USA last year though . But they didn't even take my fingerprints at the US border.