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Senate committee chair proposes bill that would end Hong Kong’s special status under US law
Hong Kong Free Press
The chair of a US Senate committee has introduced a bill that would end Hong Kong’s special treatment under US law.
Democratic Senator Ben Cardin, who chairs the Senate Foreign Relations Committee, introduced the Hong Kong Policy Act of 2024 on Monday.
“The Hong Kong Policy Act of 2024 equips our country with the tools needed to protect U.S. interests, promote human rights, and provide relief to those fleeing persecution, supporting a future where the people of Hong Kong can live in freedom and dignity,” Cardin said in a statement issued on Monday.
Described as an “update” to US policy on Hong Kong, the act states that commitments made by Beijing under the Sino-British Joint Declaration had been “abrogated by the Government of the People’s Republic of China to the point that such commitments are no longer advancing autonomy, democratic institutions, or the protection of human rights from the people in Hong Kong.”
According to the bill, existing US protocols regarding the city “should be updated with a new policy framework that protects United States national security interests and is centred on the people in Hong Kong.”
It proposes amending the United States-Hong Kong Policy Act of 1992, which allowed the US to treat the city separately from mainland China in matters of trade and economy. Among the suggested changes are “that Hong Kong should no longer be afforded special privileges separate from the People’s Republic of China under United States law.”
The act also suggests establishing a “Hong Kong Internet Freedom Program” to support schemes that promoted access to online information, press freedom and “disruptive technologies that bypass internet blocking, filtering, and other censorship techniques” in the city.
Annual reports on Hong Kong government requests received by US entities for content takedowns or assistance with law enforcement activities would be required under the bill, as would regular updates to an advisory that provides businesses in or seeking to enter the city with information.
Additionally, the Hong Kong Policy Act of 2024 proposes establishing legal pathways for Hong Kong residents to move to the US, and temporary protected status for those already there.
HKFP has reached out to the Chief Executive’s Office for comment.
The introduction of a bill is the first step towards it becoming law, but does not guarantee that it will be enacted. For an act to progress, it must be reviewed by a relevant subcommittee and committee before it is reported to the House or Senate for consideration. It must then pass both houses of congress before being presented to the president, who may sign it into law or veto it.
Cardin’s bill is one of several Hong Kong-related items proposed by US lawmakers in recent years, including the Hong Kong Economic and Trade Office (HKETO) Certification Act, which passed the House in September and could see the closure of the city’s trade missions in the US.
During his first presidential term, Donald Trump signed an executive order removing Hong Kong’s special status under the 1992 Hong Kong Policy Act following the enactment of the national security law in June 2020.
Trump, who will return to the White House in January, also signed the Hong Kong Autonomy Act, placing sanctions on Hong Kong and mainland Chinese officials deemed to have played a role in violating human rights in the city.
More recently, the US in November said it was “taking steps” to impose visa restrictions “on multiple Hong Kong officials” responsible for implementation of the [national security law]” after 45 pro-democracy figures were jailed over their roles in an unofficial primary election. On Tuesday, Beijing said it would restrict the visas of US officials it accused of “interfering” in Hong Kong affairs.
Beijing inserted national security legislation directly into Hong Kong’s mini-constitution in June 2020 following a year of pro-democracy protests and unrest. It criminalised subversion, secession, collusion with foreign forces and terrorist acts – broadly defined to include disruption to transport and other infrastructure. The move gave police sweeping new powers and led to hundreds of arrests amid new legal precedents, while dozens of civil society groups disappeared. The authorities say it restored stability and peace to the city, rejecting criticism from trade partners, the UN and NGOs.
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