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Hong Kong Human Rights and Democracy Act

The Hong Kong Human Rights and Democracy Act of 2019 is a bicameral and bipartisan American legislation that reintroduced the Hong Kong Human Rights and Democracy Act in light of the 2019 Hong Kong extradition bill proposal and the ensuing protests against it. The act "directs various departments to assess whether political developments in Hong Kong justify changing Hong Kong's unique treatment under U.S. law."[1][2][3]

Hong Kong Human Rights and Democracy Act of 2019
Great Seal of the United States
Long titleTo amend the Hong Kong Policy Act of 1992 and for other purposes.
Enacted bythe 116th United States Congress
Legislative history

The bill unanimously passed in the United States House of Representatives through a voice vote in October 2019.[4] In November 2019, the bill, with amendments that differ between the two versions,[5] was also unanimously confirmed in the United States Senate in a voice vote.[6][7] However, the two chambers of Congress need to work out the differences between the two versions of the legislation before it can be sent to President Donald Trump for approval.[7]

BackgroundEdit

The original version of the Hong Kong Human Rights and Democracy Act was introduced during the 113th session of Congress in response to the proposed electoral reforms for the 2017 Hong Kong Chief Executive election and 2016 Legislative Council election and the ensuing protests;[8][9] the House bill (H.R.5696[10]) was sponsored by Christopher Smith (R-NJ) while the Senate bill (S.2922[11]) was sponsored by Sherrod Brown (D-OH). The act stated that it was U.S. policy to:[11] (1) reaffirm the principles set forth in the United States-Hong Kong Policy Act of 1992; (2) support the democratic aspirations of the people of Hong Kong; (3) urge China's government to uphold its commitments to Hong Kong; (4) support the establishment by 2017 of a democratic option to nominate and elect the Chief Executive of Hong Kong, and the establishment by 2020 of democratic elections for all members of the Hong Kong Legislative Council; and (5) support freedom of the press. The act had since been reintroduced for each of the two proceeding sessions of Congress: H.R.1159[12] and S.3469[13] for the 114th Congress; and H.R.3856[14] and S.417[15] for the 115th Congress.

OriginsEdit

The 2019 Hong Kong Human Rights and Democracy Act was introduced during the 116th session of Congress in light of the 2019 Hong Kong extradition bill proposal and the ensuing protests against it;[16] House bill (H.R.3289[1]) was sponsored by Jim McGovern (D-MA)[16] and Chris Smith (R-NJ) while the Senate bill (S.1838[17]) was sponsored by Marco Rubio (R-FL). Co-sponsors for the House bill included Tom Suozzi (D-NY), Scott Perry (R-PA), Brad Sherman (D-CA), and Brian Fitzpatrick (R-PA). Co-sponsors for the Senate bill included Jim Risch (R-ID), Bob Menendez (D-NJ), Ben Cardin (D-MD), Tom Cotton (R-AR), Angus King (I-ME), Ed Markey (D-MA), and Josh Hawley (R-MO).[16]

Organization and overviewEdit

The act is divided into ten sections:

  • Sec. 1. Short title; table of contents
  • Sec. 2. Definitions
  • Sec. 3. Statement of policy
  • Sec. 4. Amendments to the United States-Hong Kong Policy Act of 1992
  • Sec. 5. Annual report on enforcement of United States export control and sanctions laws by Hong Kong
  • Sec. 6. Protecting United States citizens and others from rendition to mainland China
  • Sec. 7. Identification of persons responsible for abductions and for other actions to suppress basic freedoms in Hong Kong
  • Sec. 8. Inadmissibility of certain aliens and family members
  • Sec. 9. Financial measures
  • Sec. 10. Reports to Congress[1][17]

According to the Congressional Research office,[2][3] the Hong Kong Human Rights and Democracy Act would direct various departments to assess whether political developments in Hong Kong justify changing Hong Kong's unique treatment under U.S. law. Specifically, it would:

  • Require the Secretary of State to issue an annual certification of Hong Kong’s autonomy to justify special treatment afforded to Hong Kong by the U.S. Hong Kong Policy Act of 1992.[16]
  • Require the President to identify persons responsible for the abductions of Hong Kong booksellers and journalists and those complicit in suppressing basic freedoms in Hong Kong, including those complicit in the rendition of individuals, in connection to their exercise of internationally recognized rights, to mainland China for detention or trial, and to freeze their U.S.-based assets and deny them entry into the United States.[16]
  • Require the President to issue a strategy to protect U.S. citizens and businesses from the risks posed by a revised Fugitive Offenders Ordinance, including by determining whether to revise the U.S.–Hong Kong extradition agreement and the State Department’s travel advisory for Hong Kong.[16]
  • Require the Secretary of Commerce to issue an annual report assessing whether the government of Hong Kong is adequately enforcing both U.S. export regulations regarding sensitive dual-use items and U.S. and U.N. sanctions, particularly regarding Iran and North Korea.[16]
  • Make clear that visa applicants shall not be denied visas on the basis of the applicant’s arrest, detention or other adverse government action taken as a result of their participation in the protest activities related to pro-democracy advocacy, human rights, or the rule of law in Hong Kong.[16]

Timeline of developmentsEdit

On October 15, 2019, the bill unanimously passed in a voice vote in the House of Representatives.[4][18]

On November 14, 2019, senators Jim Risch and Marco Rubio began a process for the United States Senate to pass the legislation by unanimous voice vote.[4] The bill acquired 50 sponsors on November 18, 2019,[19] all but guaranteeing its passage. The bill passed the Senate via unanimous consent on November 19, 2019,[6] with amendments that differ between the two versions.[5]

On November 20, 2019, the House passed the Senate's version of the Act. Congressman Thomas Massie was the lone dissenting vote.

ReactionsEdit

The Dallas Morning News,[20] New York Post,[21] The Boston Globe,[22] and The Washington Post[23] called for the passage of the Act. Academics who have called for the passage of the act include Larry Diamond,[24] Tom Campbell,[25] and Alexander Görlach.[26]

Hong Kong protesters against the extradition bill and members from the Hong Kong pro-democracy camp have called for the passage of the Act.[27] Activists Denise Ho and Joshua Wong appeared before the Congressional-Executive Commission on China (CECC) in September 2019 where they urged sitting congresspersons to support the bill and rejected the suggestion that the bill constituted an inappropriate U.S. involvement in another country’s affairs.[28][29]

The Hong Kong government criticized the bill, saying in a statement that it was an interference into the internal affairs of Hong Kong and the city would safeguard its own autonomy.[30]

China’s Foreign Ministry spokesman Geng Shuang responded that the bill "fully reveals the ill intentions of some people in the United States to mess up Hong Kong and contain China's development."[31] The managing director of a Hong Kong pro-democracy group said through a statement sent to Newsweek that the foreign ministry's response showed that the PRC was "sensitive and susceptible to international pressure."[32] After the House passed the Act, Beijing condemned the move and said it would take countermeasures.[33][34] An article in Politico said that Jim Risch (R-ID), chairman of the Senate Foreign Relations Committee, appeared undeterred by Beijing's reaction, telling reporters that he hoped for quick Senate action on the bill.[34]

According to an article in Newsweek, Smith described the suggestion that the passage of the legislation would give the PRC government more evidence of foreign interference as "cowardly propaganda".[35]

See alsoEdit

ReferencesEdit

  1. ^ a b c "H.R.3289 – Hong Kong Human Rights and Democracy Act". Archived from the original on September 12, 2019. Retrieved September 10, 2019 – via Congress.gov.   This article incorporates text from this source, which is in the public domain.
  2. ^ a b Congressional Research Service. "S. 1838: Hong Kong Human Rights and Democracy Act of 2019". Archived from the original on September 27, 2019. Retrieved September 27, 2019 – via GovTrack.us.   This article incorporates text from this source, which is in the public domain.
  3. ^ a b Congressional Research Service. "H.R. 3289: Hong Kong Human Rights and Democracy Act of 2019". Archived from the original on September 27, 2019. Retrieved September 27, 2019 – via GovTrack.   This article incorporates text from this source, which is in the public domain.
  4. ^ a b c "U.S. senators seek quick passage of Hong Kong rights bill". Reuters. November 14, 2019. Archived from the original on November 15, 2019. Retrieved November 15, 2019.
  5. ^ a b Flatley, Daniel (November 19, 2019). "U.S. Senate Unanimously Passes Measure Backing Hong Kong". Bloomberg News. Archived from the original on November 20, 2019. Retrieved November 19, 2019.
  6. ^ a b Duehren, Andrew (November 19, 2019). "Senate Unanimously Approves Measure Backing Hong Kong Protesters". The Wall Street Journal. Retrieved November 19, 2019.
  7. ^ a b Cowan, Richard; Zengerle, Patricia (November 19, 2019). "U.S. Senate passes HK rights bill backing protesters, angers Beijing". Reuters. Retrieved November 19, 2019.
  8. ^ "The Future of Democracy in Hong Kong | Hearing Before the Congressional-Executive Commission on China" (PDF). GPO. November 20, 2014. Archived (PDF) from the original on September 27, 2019.
  9. ^ "The Future of Democracy in Hong Kong". Congressional-Executive Commission on China. November 20, 2014. Archived from the original on September 27, 2019. Retrieved September 27, 2019.
  10. ^ "H.R.5696 – Hong Kong Human Rights and Democracy Act". Archived from the original on September 27, 2019. Retrieved September 27, 2019 – via Congress.gov.
  11. ^ a b "S.2922 – Hong Kong Human Rights and Democracy Act". Archived from the original on September 27, 2019. Retrieved September 27, 2019 – via Congress.gov.
  12. ^ "H.R.1159 – Hong Kong Human Rights and Democracy Act". Archived from the original on September 27, 2019. Retrieved September 27, 2019 – via Congress.gov.
  13. ^ "S.3469 – Hong Kong Human Rights and Democracy Act of 2016". Archived from the original on September 27, 2019. Retrieved September 27, 2019 – via Congress.gov.
  14. ^ "H.R.3856 – Hong Kong Human Rights and Democracy Act of 2017". Archived from the original on September 27, 2019. Retrieved September 27, 2019 – via Congress.gov.
  15. ^ "S.417 – Hong Kong Human Rights and Democracy Act of 2017". Archived from the original on September 27, 2019. Retrieved September 27, 2019 – via Congress.gov.
  16. ^ a b c d e f g h "Commissioners Reintroduce The Hong Kong Human Rights and Democracy Act". Congressional-Executive Commission on China. June 13, 2019. Archived from the original on August 23, 2019.   This article incorporates text from this source, which is in the public domain.
  17. ^ a b "S.1838 – Hong Kong Human Rights and Democracy Act of 2019". Archived from the original on September 27, 2019. Retrieved September 27, 2019 – via Congress.gov.
  18. ^ Lipes, Joshua (October 15, 2019). "US House of Representatives Unanimously Pass Hong Kong Human Rights And Democracy Act". Radio Free Asia. Archived from the original on October 16, 2019. Retrieved October 15, 2019.
  19. ^ "Details for S. 1838: Hong Kong Human Rights and Democracy Act of 2019". GovTrack.us. Retrieved November 20, 2019.
  20. ^ "Why Congress Should Pass the Hong Kong Human Rights and Democracy Act". The Dallas Morning News. August 22, 2019. Archived from the original on August 29, 2019. Retrieved October 15, 2019.
  21. ^ "Hong Kong's hopes rest with Washington". New York Post. September 11, 2019. Archived from the original on September 27, 2019.
  22. ^ "Hong Kong's fight for freedom is ours, too". The Boston Globe. June 19, 2019. Archived from the original on September 27, 2019. Retrieved September 27, 2019.
  23. ^ "Hong Kong's fight for freedom is ours, too". The Washington Post. June 19, 2019. Archived from the original on September 27, 2019. Retrieved September 27, 2019.
  24. ^ Diamond, Larry (August 19, 2019). "Why President Trump must keep speaking out on Hong Kong". The Hill. Archived from the original on October 8, 2019.
  25. ^ Campbell, Tom (September 23, 2019). "Realpolitik and America's approach to Hong Kong". Orange County Register. Archived from the original on October 12, 2019.
  26. ^ Görlach, Alexander (July 23, 2019). "Opinion: Hong Kong and the broken promise". Deutsche Welle. Archived from the original on July 24, 2019.
  27. ^ Some relevant sources include:
  28. ^ Zengerle, Patricia (September 17, 2019). "Activists push U.S. Congress to pass Hong Kong bill". Reuters. Archived from the original on September 18, 2019.
  29. ^ "Hong Kong's Summer of Discontent and U.S. Policy Responses". Congressional-Executive Commission on China. September 17, 2019. Archived from the original on September 23, 2019. Retrieved September 27, 2019.
  30. ^ Ng, Eileen (September 9, 2019). "Hong Kong tells US to stay out; students form protest chains". Associated Press. Archived from the original on October 16, 2019.
  31. ^ Wong, Catherine; Jiangtao, Shi (September 26, 2019). "China lashes out at proposed US law". South China Morning Post. Archived from the original on September 27, 2019. Retrieved September 28, 2019.
  32. ^ Brennan, David (September 26, 2019). "China Threatens to 'Hit Back Forcefully' Against the U.S. as Hong Kong Support Bill Moves Through Congress". Newsweek. Archived from the original on October 12, 2019.
  33. ^ "Beijing sends stern warning over HK bill". South Morning China Post. October 16, 2019. Archived from the original on October 17, 2019. Retrieved October 19, 2019.
  34. ^ a b "China threatens 'strong countermeasures' if Trump signs bill supporting Hong Kong rights". Politico. Politico. October 17, 2019. Archived from the original on October 19, 2019. Retrieved October 19, 2019.
  35. ^ Brennan, David (September 9, 2019). "'Hong Kongers Should be Allies of the United States': Congress Urged to Enable Sanctions Against Chinese Officials who Threaten Territory's Autonomy". Newsweek. Archived from the original on September 29, 2019.

External linksEdit

Full text of the Act: