Hong Kong Economic and Trade Offices (HKETOs)

In May 2024, British authorities arrested an individual who was working at the HKETO in London on charges of “agreeing to undertake information gathering, surveillance and acts of deception.” Britain’s foreign ministry further summoned the Chinese Ambassador to answer for the espionage and cyberattacks on British soil. This follows German authorities arresting an individual who worked at the Hong Kong Trade and Development Council in Berlin, Germany on charges of espionage. Hong Kong police have issued reward notices for Hong Kong activists in the U.S., UK and Canada, including remarkably a U.S. citizen, for their advocacy for freedom in Hong Kong.

The ETOs operate at the pleasure of the U.S. President. Given that Hong Kong’s special status was decertified, the President could, at any time, say that the ETOs are no longer able to operate as Hong Kong government entities distinct from the PRC. At a minimum, the President should revoke any special privileges and immunities granted to employees of the U.S.-based ETOs and their family members. Should Hong Kong’s special status be recertified in the future, the Hong Kong ETOs, and their special immunities and privileges, could be reinstated. The U.S. should also look for any other organizations and entities that Hong Kong authorities are exploiting that expand CCP influence in the U.S. Currently in the Senate and the House, the Hong Kong Economic and Trade Office Certification Act (H.R. 1103; S. 490) requires the President to certify annually whether HKETOs should merit certain privileges and immunities. If the President certifies that they should not within 30 days after the date of the enactment of this Act, then they must terminate operations in the U.S. The bill passed both houses’ foreign affairs committees last year and is waiting to be discussed on the floor.