Hong Kong police use national security law for first time to block access to website recording anti-government protests, officers’ details
- Sources say the force has started asking internet providers to halt access to HKChronicles citing Article 43 of the law and its implementation rules
- Chief editor Naomi Chan says HKChronicles began receiving reports from users they had not been able to access the site since Wednesday evening
Sources said the force had started asking internet service providers (ISPs) to halt access to the HKChronicles website citing Article 43 of the law and its implementation rules. Officers can order ISPs to block access to electronic information deemed likely to constitute a crime endangering national security.
“The service providers could bear legal liability if they fail to comply,” a source said.
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Its database covers first-hand accounts of alleged police brutality against demonstrators, the personal details of officers and pro-Beijing figures, as well as information on “yellow ribbon” protester-friendly businesses and “blue ribbon” ones that support police.
The website’s chief editor Naomi Chan said HKChronicles began receiving reports from Hong Kong-based users that they could no longer access the site since Wednesday evening, and that the number of visitors from the city had fallen drastically.
“After discussing and investigating with our supporters, we found that some ISPs in Hong Kong have deliberately dropped any connection to our servers, so that the user could not receive replies from our servers, resulting in an inability to access our content,” she said in a statement.
Chan said based on reports from users, the ISPs involved included SmarTone, China Mobile, HKBN and PCCW.
“Owing to the current evidence and signs, we believe that Hong Kong ISPs [have] attempted to block our website and prevent citizens from accessing our content, which could involve the government’s request or cooperation,” she said.
The website on Thursday said it had changed to another internet server and there could be some bugs and errors.
A spokeswoman for HKBN said the firm had not blocked broadband users from accessing the website while PCCW had no comment. SmarTone could not be reached for comment while China Mobile had not responded to the Post’s inquiries.
The Security Bureau and police both declined to comment on individual cases, saying only that the force could invoke Article 43 of the national security law and its implementation rule 4, to request ISPs to block access to certain electronic messages deemed likely to constitute or cause an offence endangering national security.
A spokesman for the force said: “Police will take any action to handle the matter in accordance with the law and the actual situation.”
Chan also slammed the ISPs for restricting residents’ right to access information, advising local users to make preparations to counter internet blockage on a larger scale in the future and to “face the darkness before dawn”.
Lento Yip Yuk-fai, chairman of the Hong Kong Internet Service Providers Association, said that if police requested the website be blocked on national security grounds they should explain the legal justifications to the public as well as the companies.
“The telecoms companies are usually cooperative over police requests,” he said.
“But police should explain clearly the legal grounds for such requests, such as how the website will infringe the national security law, the rights of the website operator and whether there is any appeal channel against the police’s request.”
Yip said usually police would ask ISPs to remove certain posts or content deemed inappropriate such as those related to criminal activities, privacy infringement or doxxing.
“But it’s rare to target the overall website,” he said.
Francis Fong Po-kiu, honorary president of the Hong Kong Information Technology Federation, said he believed HKChronicles used the services of Cloudflare, an American website security company that provided server services around the world.
“If the website uses its hosting services, when its access is blocked by the internet service providers it can request another IP address to continue operating. It’s like changing telephone numbers – if this number isn’t working then you change to another phone number,” he said.
“In the other words, it is meaningless for police to ask internet service providers to block the website’s IP address. It can always change its IP address to prevent its access from being blocked.”
Barrister Anson Wong Yu-yat said police could take legal action if they believed the website operator had a role in disseminating information deemed to be a threat to national security.
“On the condition the operator is in Hong Kong, police could arrest the website operator if they believe the operator has facilitated the dissemination of questionable messages,” he said.
If the service provider failed to comply with the police request under the national security law it was subject to a fine of HK$100,000 and six months’ imprisonment, Wong said.
