[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5725 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 5725
To impose sanctions under the Global Magnitsky Human Rights
Accountability Act to combat the suppression of the freedoms of speech,
association, assembly, procession, and demonstration of the people of
Hong Kong, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 30, 2020
Mr. Gallagher introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committee on the
Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To impose sanctions under the Global Magnitsky Human Rights
Accountability Act to combat the suppression of the freedoms of speech,
association, assembly, procession, and demonstration of the people of
Hong Kong, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hong Kong Be Water Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Armed Services, the Select Committee on
Intelligence, the Committee on Banking, Housing, and
Urban Affairs, the Committee on the Judiciary, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Armed Services, the Permanent Select Committee on
Intelligence, the Committee on Financial Services, the
Committee on the Judiciary, and the Committee on
Appropriations of the House of Representatives.
(2) Basic law.--The term ``Basic Law'' means the Basic Law
of Hong Kong.
(3) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(4) Hong kong.--The term ``Hong Kong'' means the Hong Kong
Special Administrative Region of the People's Republic of
China.
(5) Joint declaration.--The term ``Joint Declaration''
means the Joint Declaration of the Government of the United
Kingdom of Great Britain and Northern Ireland and the
Government of the People's Republic of China on the Question of
Hong Kong, done at Beijing December 19, 1984.
(6) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(7) National.--The term ``national'' has the meaning given
that term in section 101(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)).
(8) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) In February 2019, the Government of Hong Kong proposed
the ``Fugitive Offenders and Mutual Legal Assistance in
Criminal Matters Legislation (Amendment) Bill 2019'' (in this
section referred to as the ``extradition bill'').
(2) The extradition bill would have allowed for the
extradition of individuals from Hong Kong to the mainland of
the People's Republic of China for the first time and offered
minimal if any legal recourse to those individuals identified
for extradition.
(3) The extradition bill was but the latest example of the
steady encroachment of the Government of the People's Republic
of China on the freedoms guaranteed to the people of Hong Kong
under the Joint Declaration and the Basic Law.
(4) Millions of the people of Hong Kong have taken to the
streets in peaceful protests since the introduction of the
extradition bill in order to defend Hong Kong's democracy
against predations by the Government of the People's Republic
of China, as enabled by Government of Hong Kong.
(5) The Government of Hong Kong has responded to those
peaceful protests with force and brutality, including by
authorizing the use by the police of tear gas, water cannons,
rubber bullets, and beatings, resulting in the arrests and
injuries of thousands of people.
(6) On October 1, 2019, the Hong Kong police fired live
ammunition at a teenage protestor, marking a dangerous
escalation in the Hong Kong police force's use of force against
protestors.
(7) The Government of Hong Kong has invoked the Emergency
Regulations Ordinance in order to expand the powers available
to Hong Kong's police as they suppress protesters.
(8) The Government of Hong Kong has coopted or coerced
local companies like MTR Corporation Limited and Cathay Pacific
Airways Limited into facilitating the suppression of protests
by denying protestors' access to reliable train services and
terminating staff who support the pro-democracy movement.
(9) The Government of Hong Kong continues to defy peaceful
protestors' rightful demands for the resignation of Chief
Executive of Hong Kong Carrie Lam, an impartial inquiry into
police brutality, and greater democratic freedoms, as
guaranteed to the people of Hong Kong by the Government of the
People's Republic of China.
(10) The unwillingness of the Government of Hong Kong to
meet protestors' demands is a direct product of its role, not
as a representative or protector of the people of Hong Kong,
but rather as a proxy for the regime of the Communist Party of
China in Beijing, which has demonstrated its intent to impose
its will on Hong Kong, including through paramilitary or
military force.
(11) The approach of that regime to Hong Kong is not
fundamentally dissimilar from the approach the regime has taken
elsewhere in the Indo-Pacific region and beyond, including by
using economic threats to compel Air Canada, Air France, Apple,
Audi, Blizzard Entertainment, British Airways, Calvin Klein,
Christian Dior, Coach, Dolce & Gabbana, Google, Malaysia
Airlines, Marriott Hotels, the National Basketball Association,
Qantas Airlines, Swarovski, Tiffany & Co., and Versace into
remaining silent in response to its treatment of protestors in
Hong Kong.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Government of the People's Republic of China has
willfully violated the terms of the Joint Declaration and the
Basic Law;
(2) the steady encroachment of the Government of the
People's Republic of China on the freedoms and democracy of the
people of Hong Kong reflects the fundamentally totalitarian
nature of the regime of the Communist Party of China; and
(3) the totalitarian ambitions of the Communist Party of
China do not end in the territory of the mainland of the
People's Republic of China, but rather extend to the remainder
of the Indo-Pacific region, as part of a broader hegemonic
vision that would see the Government of the People's Republic
of China exert domineering influence over the interests and
behavior of other countries in that region.
SEC. 5. GLOBAL MAGNITSKY SANCTIONS WITH RESPECT TO CERTAIN GOVERNMENT
OFFICIALS THAT ENGAGE IN SUPPRESSION OF FREEDOMS OF
SPEECH, ASSOCIATION, ASSEMBLY, PROCESSION, AND
DEMONSTRATION OF THE PEOPLE OF HONG KONG.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and as appropriate thereafter, the President
shall impose the sanctions described in subsection (c) with respect to
each foreign person described in subsection (b) if the President has
credible information that the foreign person has knowingly suppressed
or facilitated the suppression of the freedoms of speech, association,
assembly, procession, or demonstration of the people of Hong Kong, as
guaranteed under Article 27 of the Basic Law.
(b) Foreign Persons Described.--A foreign person described in this
subsection is a foreign person who is--
(1) a current or former official of the Government of Hong
Kong;
(2) a current or former official of the Government of the
People's Republic of China; or
(3) acting on behalf of, or in cooperation with, an
official of either such Government.
(c) Sanctions Described.--The sanctions described in this
subsection are the sanctions described in section 1263(b) of the Global
Magnitsky Human Rights Accountability Act (subtitle F of title XII of
Public Law 114-328; 22 U.S.C. 2656 note).
(d) Report on Implementation.--Not later than 15 days after
imposing sanctions under subsection (a), the President shall submit to
the appropriate congressional committees a report regarding measures
taken to implement this section.
(e) Termination.--This section shall terminate on the date on which
the President determines and certifies to the appropriate congressional
committees that the Government of Hong Kong is no longer suppressing,
or complicit in the suppression of, the freedoms of speech,
association, assembly, procession, and demonstration of the people of
Hong Kong.
SEC. 6. FREEZING OF ASSETS OF CHINESE NATIONALS AND STATE-OWNED
ENTERPRISES UNDERMINING THE AUTONOMY, BASIC LIBERTIES,
AND HUMAN RIGHTS OF THE PEOPLE OF HONG KONG.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and as appropriate thereafter, the President
shall exercise all powers granted by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to
block or prohibit all transactions in property and interests in
property of each foreign person described in subsection (b) that the
President determines has attempted to undermine the autonomy, basic
liberties, and human rights of the people of Hong Kong, if such
property and interests in property are in the United States, come
within the United States, or are or come within the possession or
control of a United States person.
(b) Foreign Persons Described.--A foreign person described in this
subsection is--
(1) a national of the People's Republic of China;
(2) an entity owned or controlled by the Government of the
People's Republic of China; or
(3) an individual who is a member of the board of
directors, an executive officer, or a senior official of an
entity described in paragraph (2).
(c) Inapplicability of National Emergency Requirement.--The
requirements of section 202 of the International Emergency Economic
Powers Act (50 U.S.C. 1701) shall not apply for purposes of this
section.
SEC. 7. EXCEPTIONS; WAIVERS.
(a) Exception for Humanitarian Assistance.--The requirement to
impose sanctions under sections 5 and 6 shall not apply with respect to
activities to provide humanitarian assistance to the people of Hong
Kong.
(b) Exception for Intelligence Activities.--The requirement to
impose sanctions under sections 5 and 6 shall not apply with respect to
activities subject to the reporting requirements under title V of the
National Security Act of 1947 (50 U.S.C. 3091 et seq.), or any
authorized intelligence activities of the United States.
(c) Exception Relating to Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions authorized under this Act shall not include the
authority or requirement to impose sanctions on the importation
of goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or manmade substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(d) Waiver.--The President may waive the imposition of sanctions
under section 5 or 6 with respect to a foreign person if the President
determines and reports to the appropriate congressional committees that
the waiver is--
(1) in the national security interests of the United
States; or
(2) necessary to prevent undue economic harm to the people
of Hong Kong.
SEC. 8. IMPLEMENTATION; REGULATIONS; PENALTIES.
(a) Implementation.--The President may exercise all authorities
provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
to carry out this Act.
(b) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
section.
(c) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of section 5 or 6 or any
regulation, license, or order issued to carry out either such section
shall be subject to the penalties set forth in subsections (b) and (c)
of section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
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