The Hong Kong Human Rights and Democracy Act of 2019 (HKHRDA)Naomi Xu Elegant (November 20, 2019). "The U.S. Senate Passed 2 Bills Supporting Hong Kong Protesters. But They Might Do More Harm Than Good". Fortune. . (; ) is a United States federal law that requires the U.S. government to impose sanctions against mainland China and Hong Kong officials considered responsible for human rights abuses in Hong Kong, and requires the United States Department of State and other agencies to conduct an annual review to determine whether changes in Hong Kong's political status (its relationship with mainland China) justify changing the unique, favorable trade relations between the U.S. and Hong Kong. The passage of the bill was supported by pro-democracy activists in Hong Kong, and in 2019 received near-unanimous support in Congress.Simon Denyer & Tiffany Liang (November 21, 2019). "China says Trump is on 'edge of precipice' as Hong Kong rights bill hits his desk". The Washington Post. .
Initially introduced in 2014 following the Umbrella Movement and 2014 democracy protests in Hong Kong, the legislation was re-introduced to the next three successive Congresses, but did not gain a vote until 2019, following the 2019 Hong Kong extradition bill proposal and the ensuing protests against it. A House version of the bill unanimously passed in the United States House of Representatives through a voice vote in October 2019. In November 2019, the Senate version of the bill, with amendments that differ from the House bill, unanimously passed the Senate on a voice vote. The House accepted the Senate version of the bill later that month, sending it to the desk of President Donald Trump, who signed it one week later. The bill was accompanied by a companion bill restricting U.S. exports of crowd control devices to the Hong Kong police forces, which passed both chambers of Congress unanimously and signed by Trump on the same occasion.
Legislative history 2014–2018 The bill was initially introduced in 2014 during the 113th Congress as an amendment to the United States-Hong Kong Policy Act of 1992, following the Umbrella Movement and 2014 democracy protests in Hong Kong. The House bill (H.R. 5696) was sponsored by Republican Representative Chris Smith (R-NJ), while the Senate bill (S.2922) was sponsored by Sherrod Brown (D-OH). The act stated that it was U.S. policy to: "(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 was reintroduced into the next two proceeding sessions of Congress: in the 114th Congress as H.R. 1159 and S. 3469, and in the 115th Congress as H.R. 3856 and S. 417.
2019 The 2019 Hong Kong Human Rights and Democracy Act was introduced during the 116th Congress, and gained traction in light of the 2019 Hong Kong extradition bill proposal and the ensuing protests against it; House bill (H.R.3289 ) was sponsored by Jim McGovern (D-MA) and Chris Smith (R-NJ) while the Senate bill (S.1838) 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).
On October 15, 2019, the House version of the bill unanimously passed in a voice vote in the House of Representatives.
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. The bill acquired 50 sponsors on November 18, 2019, all but guaranteeing its passage. The bill passed the Senate via unanimous consent on November 19, 2019, with amendments that differed between the two versions.
On November 20, 2019, the House passed the Senate version of the Act on a 417–1 vote. Congressman Thomas Massie (R-KY) was the lone dissenting vote. The House passed the Senate version in order to expedite the process. The passage of the bills by both chambers sent the legislation to President Donald Trump. In an appearance on Fox & Friends shortly after the bill's passage, Trump said that he might veto the bill, saying that it might impact his talks with China over the U.S.-China trade war, saying, "We have to stand with Hong Kong, but I'm also standing with President Xi ; he's a friend of mine."David J. Lynch (November 22, 2019). "Trump says he might veto legislation that aims to protect human rights in Hong Kong because bill could affect China trade talks". The Washington Post. . Trump signed the bill on November 27, 2019. As he was signing the bill, Trump issued a signing statement hedging his support, saying that "certain provisions of the Act," which he did not specify, "would interfere with the exercise of the President's constitutional authority to state the foreign policy of the United States," and that his administration would "treat each of the provisions of the act consistently with the president's constitutional authorities with respect to foreign relations."Emily Cochrane, Edward Wong & Keith Bradsher (November 27, 2019). "Trump Signs Hong Kong Democracy Legislation, Angering China". The New York Times. .Statement by the President , White House Press Office (November 27, 2019). In response, Senate Democratic Leader Chuck Schumer wrote, "Decency, humanity, and the rule of law compel you to enforce it. Stop playing games."
Provisions of the act The Act is divided into ten sections:
Short title; table of contents Definitions Statement of policy Amendments to the United States-Hong Kong Policy Act of 1992 Annual report on violations of United States export control laws and United Nations sanctions occurring in Hong Kong. Protecting United States citizens and others from rendition to the People's Republic of China. Sanctions relating to undermining fundamental freedoms and autonomy in Hong Kong. Sanctions reports. Sense of Congress on People's Republic of China state-controlled media. Sense of Congress on commercial exports of crowd control equipment to Hong Kong.
The HKHRDA directed various departments to assess whether political developments in Hong Kong justify changing Hong Kong's unique treatment under U.S. law, and specifically: Requires 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. Requires the President to identify, and impose sanctions against, 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. Sanctions against officials responsible for human rights abuses in Hong Kong would include asset freezesExplainer: U.S. Legislation on Hong Kong: What Does It Mean? , Reuters (November 21, 2019). under the International Emergency Economic Powers Act as well as visa bans, including the denial of visa applications to travel in the United States and the revocation of existing visas. Requires 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. Requires 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. Makes 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.
The application of targeted sanctions directed by the Act is modeled after similar provisions in the Magnitsky Act and the Global Magnitsky Act.Julian Ku (November 25, 2019). "The Hong Kong Human Rights and Democracy Act Is Redundant, but Still Worthwhile". Lawfare. . Legal scholar Julian Ku notes that the sanctions provision of the HKHRDA "may be read to require the president to impose targeted individual sanctions" because the legislation states that the president "shall" impose sanctions against individuals determined to have violated the act's human rights provisions. Ku notes, however, that because the HKHRDA "gives the president the power to 'determine' who has violated those human rights obligations" the president might 'refuse to designate anyone as an HKHRDA human rights offender, even if there is substantial evidence of that person's violations." Ku suggests that "this legal ambiguity as to whether the president can simply refuse to designate anyone as violating the HKHRDA's targeted sanctions provisions could become an area of intrabranch conflict if the White House refuses to exercise its authority under this section."
Reactions U.S. newspaper editorials The editorial boards of several U.S. newspapers called for passage of the Act, including USA Today,With Hong Kong Human Rights and Democracy Act, U.S. Congress stands up to China , USA Today (November 21, 2019). The Dallas Morning News, The New York Times,Editorial Board, Hong Kong Voted. Is Beijing Listening? , The New York Times (November 25, 2019). New York Post, The Boston Globe, The Washington Post, and The Wall Street Journal.Editorial Board, Hong Kong's Freedom Message: Trump should sign Congress's rights and democracy legislation , Wall Street Journal (November 24, 2019).
Hong Kong pro-democracy movement Hong Kong protesters against the extradition bill and members from the Hong Kong pro-democracy camp have called for the passage of the Act.Some relevant sources include:
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. Wong and his fellow Demosisto activist Jeffrey Ngo urged passage of the bill in a 2017 op-ed in The Washington Post.Joshua Wong & Jeffrey Ngo (May 3, 2017). "Stand Up for Democracy in Hong Kong". The New York Times. .
One day after the bill's passage on November 27, pro-democracy demonstrators in Hong Kong celebrated the new law and held a pro-American rally. At the rally, held on U.S. Thanksgiving Day, Hong Kong pro-democracy activist Nathan Law called the law a "timely Thanksgiving present." Thousands of activists at the "Thanksgiving Rally" waved American flags and sang The Star-Spangled Banner, the U.S. national anthem, expressing gratitude to the United States, Congress and President Trump for passing the law.
Academics Julian Ku, a legal scholar at Hofstra University School of Law, called the HKHRDA "redundant, but still worthwhile." Ku wrote:
Academics supporting the Act include Larry Diamond, Tom Campbell, Alexander Görlach, and James Carafano.