HKHRDA

S.1838 – Hong Kong Human Rights and Democracy Act of 2019

Shown Here:
Public Law No: 116-76 (11/27/2019)

Hong Kong Human Rights and Democracy Act of 2019

This bill directs various departments to assess whether political developments in Hong Kong justify changing Hong Kong’s unique treatment under U.S. law. (Hong Kong is part of China but has a largely separate legal and economic system.)

The Department of State shall report and certify annually to Congress as to whether Hong Kong is sufficiently autonomous from China to justify its unique treatment. The report shall address issues including (1) demands for universal suffrage; (2) law enforcement cooperation, including extradition requests; (3) sanctions enforcement and export controls; (4) decision-making within the Hong Kong government; (5) judicial independence; (6) civil liberties in Hong Kong, including freedom of assembly and freedom of the press; and (7) how any erosion to Hong Kong’s autonomy impacts areas of U.S.-Hong Kong cooperation.

The Department of Commerce shall report annually to Congress on China’s efforts to use Hong Kong to evade U.S. export controls and sanctions and the extent of such violations occurring in Hong Kong generally. The report shall also (1) identify any items that were improperly reexported from Hong Kong, (2) assess whether dual-use items subject to U.S. export laws are being transshipped through Hong Kong, and (3) assess whether such dual-use items are being used to develop various mass-surveillance and predictive-policing tools or the social-credit system proposed for deployment in China.

If the President determines that Hong Kong has proposed or enacted legislation that puts U.S. citizens at risk of extradition to mainland China or to another country that lacks defendants’ rights protections, the President shall report to Congress on (1) a strategy for protecting U.S. citizens and businesses in Hong Kong, and (2) whether Hong Kong is legally competent to administer various law-enforcement agreements between Hong Kong and the United States.

The State Department may not deny work- or student-visa applications from an otherwise qualified Hong Kong resident due to a politically motivated adverse action by the Hong Kong government against the applicant. The State Department shall encourage other democratic countries to take a similar approach.

The President shall report to Congress a list of individuals responsible for committing acts that violate internationally recognized human rights in Hong Kong, including the extrajudicial rendition or torture of any person in Hong Kong. The bill bars such individuals from entering the United States and imposes sanctions on them.

https://www.congress.gov/bill/116th-congress/senate-bill/1838

【TO ALL REPRESENTATIVES & SENATORS OF THE UNITED STATES CONGRESS】

Joint submission in support of

the Hong Kong Human Rights and Democracy Act of 2019 (H.R. 3289/S. 1838),

United States House of Representatives and Senate of the 116th Congress

by

22 post-umbrella professional groups in Hong Kong

“IDENTIFICATION OF PERSONS RESPONSIBLE FOR INFRINGEMENT OF AUTONOMY WITH RESPECT TO AND SUPPRESSION OF BASIC FREEDOMS IN HONG KONG

IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, and annually thereafter in conjunction with the publication of the report required under section 301 of the Hong Kong Policy Act of 1992 (22 U.S.C. 5731) the President shall submit, to the appropriate congressional committees, a list containing the name of each person who the President determines, based on credible information, is responsible for—

1.          the actual or threatened rendition or unlawful abduction to the mainland of the People’s Republic of China of any individual, or the arbitrary detention, torture, or forced confession of any individual before or after such rendition or abduction, in connection with the exercise by that individual of internationally recognized human rights in Hong Kong, including but not limited to such individuals extradited to the mainland of the People’s Republic of China under any amended fugitive offenders ordinance in Hong Kong;

2.          the passage of bills in the Hong Kong Legislative Council which erodes Hong Kong’s autonomy or restricts the exercise of internationally recognized human rights in Hong Kong, including but not limited to the rendition to the mainland of the People’s Republic of China of any individual in connection with the exercise by that individual of such internationally recognized human rights in Hong Kong; or

3.          any other acts or decisions which erodes Hong Kong’s autonomy by the Government of China that are inconsistent with its commitments in the Basic Law and the Joint Declaration identified in the report under section 205 of the Hong Kong Policy Act of 1992 (22 U.S.C. 5731) to be added by this Bill, or causes further restrictions of internationally recognized human rights in Hong Kong and the exercise thereof.

https://docs.google.com/document/d/e/2PACX-1vQWju0D13iQNlO2oUp7s5rEelmXzoQPyjKEj-RvgO8nDCBajgE_q-B5SZp8FtwMPwQefSo7OtAhqaSA/pub?fbclid=IwAR39p8r9zE25pwmdoRdbbHFBdU4a4qHoF6yiOmeXJCTUR3TYFbQpuJe1tEw

【TO ALL REPRESENTATIVES & SENATORS OF THE UNITED STATES CONGRESS】

2nd joint submission in support of 

the Hong Kong Human Rights and Democracy Act of 2019 (H.R. 3289/S. 1838),

United States House of Representatives and Senate of the 116th Congress

by 

23 post-umbrella professional groups in Hong Kong

C.        Conclusion

15.              Hong Kong’s autonomy, human rights, and democratization as guaranteed by the Joint Declaration and the Basic Law will be better preserved and fostered with the support of the international community. The Bill will reaffirm the commitment of the U.S., as an important stakeholder in Hong Kong’s autonomy, to the people of Hong Kong.

16.              We therefore respectfully urge you to consider our further recommendations and act quickly to pass the Bill within the 116th Congress, so that it can be signed into law as soon as possible.

https://docs.google.com/document/d/1-WJiGHoshGgl9RPbtPUnm_kh0s5-5EX–aBCL2K3f6M/edit?fbclid=IwAR0a6kqQHfaISL9cv6TaAxjFjrrA55QVAQbXkIQuMado2IFnUvx1J8YwlNA

21 Feb: //The United States government is going to conduct the first annual certification on the state of Hong Kong’s autonomy according to the “Hong Kong Human Rights and Democracy Act”. The Progressive Scholars Group and all other post-umbrella professional groups have submitted a Joint Submission to the United States President and all Congressmen. //
Full text (English only): https://bit.ly/2ue4Kew

https://drive.google.com/file/d/1AKZApyjHj1jcW8–vZZW3ZuLPV2e9Gp7/view?fbclid=IwAR3_AJeSmgeEiMghHgQGbZW7V1zDYt_SnNCCsa0vDjCfU84l68WSnb2EUzw

Categories: HKHRDA

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