The U.S. Congressional-Executive Commission on China (CECC) released its latest annual
report, criticizing the Chinese Communist Party (CCP) and Hong Kong authorities for undermining democracy, freedom, and civil society in Hong Kong. Against this backdrop, it recommends the passage of the Hong Kong Safe Harbor Act and the Hong Kong People’s Freedom and Choice Act. It also urges the U.S. government to take the lead by removing barriers to U.S. visas for vetted Hong Kong residents.
The report described Hong Kong’s transformation from an open and free society to “a city gripped by fear, subject to invasive political control,” criticizing the authorities for undermining Hong Kong people’s freedom, democratic institutions, and the rule of law with criminal charges and prosecutions.
Since June 2019, more than 10,499 people have been arrested for political or protest activities, including 183 for crimes related to national security. The report specifically mentions the case of Jimmy Lai Chee-ying, the founder of Next Media, saying that he may face a long prison term. It also pinpoints two cases involving Tong Ying-kit, the defendant in the National Security Law case, and Ma Chun-man, the defendant in the 2nd of such cases. Tong was refused trial by jury, and Ma was sentenced to jail for speaking out.
In addition, 34 people have been detained for more than a year for participating in a pro-democracy primary election, as well as Cardinal Joseph Zen Ze-kiun, the emeritus bishop of the Catholic Diocese of Hong Kong, and other trustees of the “612 Fund.”
The report also criticized the authorities for continuing to use the Hong Kong National Security Law to arrest, prosecute and imprison democracy advocates, and threaten dissidents abroad. Under the guidance of mainland CCP media, Hong Kong officials used words and actions to target and suppress civic organizations that participated in the 2019 movement, isolating them from the international community and accelerating their disbandment.
After the implementation of the Hong Kong National Security Law, as of January 2022, at least 65 organizations have suspended operations or withdrawn from Hong Kong, including Amnesty International and HK Alliance in Support of the Patriotic Democratic Movements of China.
Public Participation Plummets After Revision of Electoral System
The report also pointed out that after the authorities revised Hong Kong’s electoral system, public participation was greatly reduced, describing it as “created a system that eliminates candidates whom central authorities do not endorse.” And even the voices from the wider Hong Kong political spectrum had dwindled rapidly before the said restructuring. The lack of public interest was evident in the latest Legislative Council elections in December 2021, which were almost reserved entirely for pro-Beijing candidates, and the turnout hit a record low amid calls for a boycott.In addition, this year (2022), only John Lee Ka-chiu, who served as Secretary for Security and defended the Hong Kong police during the 2019 campaign, was the sole candidate running for chief executive.
The report criticized that the new electoral system, both in design and actual operation, deviates from the ultimate goal specified in the Basic Law of Hong Kong, which is to elect the Legislative Council and the Chief Executive by universal suffrage.
It also points out that under the new election system, where the Chief Executive also serves as chairperson of the National Security Council, who has the right to appoint members of the Candidate Eligibility Committee, through which candidature for the Election Committee, the Legislative Council, and the Chief Executive is reviewed, as questionable on possible conflicts of interest.
The report also mentioned the incident involving the Hong Kong Police National Security Office in raiding the pro-democracy media, “Apple Daily” and “Stand News,” which froze their assets and arrested their top executives and editors under the National Security Law. These led to the eventual cessation of operation of the two and later resulted in a similar operation halt of other independent media.
Advocates Passage of HK Safe Harbor Act & HK People’s Freedom & Choice Act
In its report, CECC recommends that the U.S. authorities strengthen the enforcement of the sanction powers conferred by the Hong Kong Human Rights and Democracy Act, and the Hong Kong Autonomy Act. This should include sanctioning individuals and enterprises involved in undermining Hong Kong’s autonomy and rights protections, as well as violating the Sino-British Joint Statement. The United States should work with the United Nations and other allies to publicly denounce and engage in other diplomatic efforts to free political prisoners and address all such violations of international human rights standards.CECC also recommends that Congress pass the Hong Kong Safe Harbor Act and the Hong Kong People’s Freedom and Choice Act, to remove any obstacles in obtaining U.S. visas for vetted Hong Kong residents, especially for those who are trying to leave Hong Kong for fear of political persecution.
The report also makes several other recommendations, including extending the ban on the sale of equipment and crowd control technology to the Hong Kong police; funding non-governmental organizations outside Hong Kong, dedicated to promoting the rule of law, human rights, civil society development, and democracy and freedom in Hong Kong.
The Hong Kong government issued a press
release on Nov. 17, expressing its strong rebuttal to the claims of the CECC report.
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