[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 98 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
S. RES. 98

 Condemning Beijing's destruction of Hong Kong's democracy and rule of 
                                  law.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 26, 2025

   Mr. Risch (for himself and Mrs. Shaheen) submitted the following 
  resolution; which was referred to the Committee on Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
 Condemning Beijing's destruction of Hong Kong's democracy and rule of 
                                  law.

Whereas, in 1997, Great Britain handed Hong Kong over to Chinese rule under 
        guarantees that Hong Kong would become a Special Administrative Region 
        under the ``one country, two systems'' principle, pursuant to which Hong 
        Kong's Basic Law would apply and would enshrine ``fundamental rights'' 
        of Hong Kong residents and a political structure, including an 
        independent judiciary, the right to vote, and freedoms of assembly and 
        speech, among others;
Whereas the Government of the People's Republic of China (PRC) has repeatedly 
        undermined Hong Kong's autonomy since the 1997 handover, including 
        actions which resulted in political protests in Hong Kong, including the 
        2014 Umbrella Movement protesting Beijing's attempt to reform Hong 
        Kong's electoral system, and the 2019-2020 protests, which opposed the 
        Hong Kong government's decision to implement an extradition law that 
        would have subjected Hong Kongers to prosecution in mainland China;
Whereas the Hong Kong Police Force used excessive force to try to quell the 
        2019-2020 protestors, many of whom were under the age of 30;
Whereas the Government of the People's Republic of China responded to these 
        protests by passing and implementing the Law of the People's Republic of 
        China on Safeguarding National Security in the Hong Kong Special 
        Administrative Region (commonly referred to as the ``Hong Kong national 
        security law'') a poorly defined criminal statute with extraterritorial 
        reach that includes overly broad charges to punish people for exercising 
        their fundamental rights and freedoms;
Whereas, since its enactment in June 2020, this law has been used by the 
        Government of the People's Republic of China as a pretext to crack down 
        on legitimate and peaceful expression, including the exercise of 
        freedoms of assembly, speech, and religious belief guaranteed to Hong 
        Kong under the Basic Law, to replace the Hong Kong legislature with 
        individuals loyal to the Chinese Communist Party, and to pass new 
        immigration laws that subject Hong Kong citizens and residents, as well 
        as PRC nationals and foreign nationals, to exit bans in Hong Kong 
        similar to those implemented in mainland China;
Whereas, in March 2024, the Hong Kong government enacted national security 
        legislation to implement Article 23 of the Basic Law, officially called 
        the ``Safeguarding National Security Ordinance'' and also referred to as 
        the ``Article 23 Ordinance'', which expanded the number of broadly 
        defined national security criminal offenses to include, among other 
        things, ``external interference'' and ``sabotage'', weakened legal 
        protections for suspects accused of national security offenses, 
        authorized new punitive measures targeting Hong Kong citizens and non-
        citizens overseas, and created risks for Hong Kong residents who 
        interact with foreigners;
Whereas nearly 300 people have been arrested under the Hong Kong national 
        security law and the Article 23 Ordinance;
Whereas the Government of the People's Republic of China uses the Hong Kong 
        national security law and the Article 23 Ordinance to harass, target, 
        and threaten non-Hong Kong citizens and those outside of Hong Kong, and 
        has become a significant perpetrator of transnational repression, 
        including by posting cash bounties for democracy activists living in 
        self-exile outside of Hong Kong;
Whereas, on November 19, 2024, the Hong Kong government sentenced a group of 
        pro-democracy activists, journalists, and former lawmakers commonly 
        known as the ``Hong Kong 47'' to jail terms ranging between 4 and 10 
        years as a demonstration of the Hong Kong government's willingness to 
        intimidate and persecute its political opponents;
Whereas, Mr. Jimmy Lai, a 77-year-old Hong Kong pro-democracy advocate and media 
        entrepreneur, has been targeted and persecuted for decades, most 
        recently through multiple prosecutions, including related to exercising 
        his rights to freedom of peaceful assembly and freedom of expression, 
        his sentencing to over five years in prison under politically motivated 
        fraud charges and the seizure of his multimillion dollar independent 
        media organization Apple Daily by the Hong Kong authorities;
Whereas, Mr. Lai, one of the highest profile cases under the 2020 ``national 
        security law'', has been imprisoned in solitary confinement with 
        inadequate medical treatment since December 31, 2020;
Whereas 5 Special Rapporteurs, as well as the United Nations Human Rights 
        Council Working Group on Arbitrary Detention, have found that Mr. Lai is 
        unlawfully and arbitrarily detained and have called for his immediate 
        and unconditional release;
Whereas the trial of Mr. Lai, which began on December 18, 2023, has been delayed 
        repeatedly;
Whereas international legal experts at the United Nations have expressed 
        concerns regarding prosecutors' use of witness testimony against Mr. Lai 
        that may have been obtained through torture, Hong Kong authorities' 
        interference with the independence of the judiciary throughout the case, 
        and harassment and intimidation of Mr. Lai's lawyers, undermining his 
        right to a defense;
Whereas the Government of the People's Republic of China's undermining of 
        democracy in Hong Kong has ramifications for the international order, 
        including with regard to the future of Taiwan;
Whereas the Hong Kong government has conducted a public relations campaign to 
        convince global business leaders that Hong Kong remains a critical and 
        attractive international financial center, while simultaneously 
        undermining the independence of institutions that encouraged its growth 
        over the past several decades;
Whereas Hong Kong has increasingly become a hub for the transshipment of export-
        controlled goods and sanctions evasion relating to the People's Republic 
        of China, the Democratic People's Republic of Korea, the Russian 
        Federation, and the Islamic Republic of Iran, directly supporting 
        Russia's defense industrial base and enabling its continuing war of 
        aggression against Ukraine;
Whereas Hong Kong still maintains a separate voting share from the People's 
        Republic of China at many multilateral organizations--including the Asia 
        Pacific Economic Cooperation forum, the Financial Action Task Force, the 
        International Olympic Committee, and the World Trade Organization--
        effectively doubling the People's Republic of China's voting power at 
        these critical institutions; and
Whereas the Hong Kong Human Rights and Democracy Act (Public Law 116-76; 22 
        U.S.C. 5701 note), signed into law in November 2019, requires the 
        President to impose sanctions to promote accountability for those 
        responsible for certain conduct that undermines fundamental freedoms and 
        autonomy in Hong Kong: Now, therefore, be it
    Resolved, That the Senate--
            (1) condemns the Government of the People's Republic of 
        China's ``Hong Kong national security law'', the Hong Kong 
        government's ``Safeguarding National Security Ordinance'', and 
        related abuses of internationally recognized human rights;
            (2) urges all governments that value democracy or autonomy 
        to hold the Chinese Communist Party and the Hong Kong 
        authorities accountable for their destruction of Hong Kong's 
        autonomy, rule of law, and freedoms;
            (3) supports the people of Hong Kong as they fight to 
        exercise fundamental rights and freedoms, as enumerated by--
                    (A) 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;
                    (B) the International Covenant on Civil and 
                Political Rights, done at New York December 19, 1966; 
                and
                    (C) the Universal Declaration of Human Rights, done 
                at Paris December 10, 1948;
            (4) condemns the Government of the People's Republic of 
        China's practice of bringing false and politically motivated 
        charges against Hong Kongers and the expansion of Hong Kong's 
        national security regime that destroys the rule of law and 
        undermines citizens' rights in Hong Kong;
            (5) calls upon the Hong Kong government to immediately drop 
        all sedition, national security law, and Article 23-related 
        charges and free all defendants immediately, including Jimmy 
        Lai;
            (6) expresses extreme concern about the Government of the 
        People's Republic of China' state-directed theft of Apple 
        Daily, and holds that Hong Kong no longer has credibility as an 
        international business center due to the erosion of the 
        regulatory, legal, and judicial environments that have promoted 
        its economic growth for decades;
            (7) encourages the United States Government and other 
        governments to take steps at multilateral institutions to 
        ensure that voting procedures recognize that there is no longer 
        a meaningful distinction between Hong Kong and mainland China; 
        and
            (8) urges the United States Government to use all available 
        and appropriate tools, including those authorized by the Hong 
        Kong Human Rights and Democracy Act, in response to the 
        Government of the People's Republic of China's actions in Hong 
        Kong.
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