This blog is authored by Jonathan Stivers, U.S. Director at the CFHK Foundation.
As the dust settles from the U.S. election, we can consider what the results mean for U.S. policy towards Hong Kong. While the previous Trump Administration had a mixed record on China and Hong Kong human rights issues, there is hope that new personnel and new focus could help secure the release of prominent political prisoners and hold Chinese and Hong Kong officials accountable for the intensifying crackdown on the Hong Kong people – top priorities for the Committee for Freedom in Hong Kong (CFHK) Foundation.
The nomination of Senator Marco Rubio for Secretary of State is the most exciting news so far for Hong Kong supporters. Throughout his service in Congress, Sen. Rubio has been a champion of freedom and human rights in Hong Kong. Indeed, he has been a leader on every major Hong Kong initiative in Congress, working in a bipartisan way to build and solidify support for the cause. Further, he has shown the ability to effectively navigate complex international challenges, underscoring his qualifications to be Secretary of State.
It is worth detailing some of his efforts and accomplishments, which include:
Authoring and leading the campaign to pass the groundbreaking Hong Kong Human Rights and Democracy Act of 2019 that shifted U.S. policy towards Hong Kong in response to Beijing’s crackdown on pro-democracy advocates. The legislation requires an annual certification of Hong Kong’s autonomy to justify its special economic and trade privileges under U.S. law, which was subsequently revoked by the Trump administration after the bill was signed into law. The legislation also authorises sanctions against individuals found responsible for human rights abuses in Hong Kong.
Authoring the Hong Kong Economic and Trade Office (HKETO) Certification Act (S. 490), which requires the president to formally determine whether HKETOs can continue operating in the U.S. Sen. Rubio has stated that additional and separate diplomatic posts are no longer justified especially considering that the Hong Kong government is no longer autonomous and has placed bounties on U.S.-based activists and U.S. citizens.
Serving as Chairman of the Congressional Executive Commission on China (CECC), Sen. Rubio led efforts to produce strong, bipartisan hearings, press statements, and reports in support of the Hong Kong people. Policy recommendations emanating from his committee included sanctions on Chinese and Hong Kong government officials, as well as guidance on digital authoritarianism, foreign malign influence, transnational repression, and humanitarian parole for Hong Kong freedom fighters living in the U.S.
Providing strong support for Hong Kong political prisoners upon whose behalf the CFHK Foundation campaigns, including Jimmy Lai and the Hong Kong 47. On the first anniversary of the Hong Kong 47’s arrests, for example, Sen. Rubio joined 59 lawmakers from the U.S., Europe, India, and Australia in signing a statement demanding the release of the 47 Hong Kong pro-democracy politicians and activists.
Authoring the Hong Kong Human Rights and Democracy Reauthorization Act of 2024,(S. 4467) to ensure continued U.S. support to citizens facing oppression from the Chinese Communist Party and Hong Kong officials.
Introducing the Hong Kong Safe Harbor Act (S. 295) in response to Beijing imposing its National Security Law on Hong Kong. This bipartisan legislation aimed to ensure that the Hong Kongers who peacefully protested Beijing’s corrupt justice system, and have a well-founded fear of persecution, are eligible for Priority 2 Refugee status.
In response to his steadfast leadership on human rights in Hong Kong, the Chinese government imposed sanctions on Sen. Rubio. He responded by saying “I wear the ban from China as a badge of honor. If the totalitarian regime is against me; I must be doing something right.”
Moving forward, it is my hope that Sen. Rubio is confirmed swiftly by the U.S. Senate and can get to work with his team to address the multifaceted challenges that the Chinese Communist Party presents to the U.S. and the international community. Consistent with his previous work on China and Hong Kong, he will have strong bipartisan support from Members of Congress and the American people to make U.S. policy towards China’s human rights abuses much more effective.
The CFHK Foundation believes that the first order of business should be securing the release of political prisoners including British citizen Jimmy Lai and the Hong Kong 45, who recently received outrageous sentencing for exercising their basic human rights. During the campaign, Presidential candidate Trump stated that he will “100 percent” secure the release of Jimmy Lai, “I’ll get him out. He’ll be easy to get out,” he said. We hope Trump administration officials will help fulfill this campaign promise.
Cooperation and coordination with the UK government will be essential in this effort and could be a basis for confidence-building on other issues. There should be no question that securing release of these political prisoners would be a monumental accomplishment that would receive bipartisan praise and gratitude from human rights advocates and freedom-loving people around the world.
In addition, the new administration should consider actions to strengthen U.S. policy towards Hong Kong, including:
Shutting down the HKETO offices in the U.S.
Sanctioning Chinese and Hong Kong officials responsible for repression including judges whom we know are following Beijing’s orders to convict and sentence pro-democracy activists.
Imposing secondary sanctions on Hong Kong and Chinese banks financing illicit trade and providing services to sanctions evaders to Russia, North Korea, and Iran.
Designating Hong Kong as a Primary Money Laundering Concern (PMLC) jurisdiction under Section 311 of the USA Patriot Act.
Supporting Hong Kongers residing and working in the U.S. under the protection of Deferred Enforced Departure (DED).
At the CFHK Foundation, we believe there are new opportunities to strengthen U.S. policy to advance the freedom of the Hong Kong people. We look forward to working with Sen. Rubio, should he be confirmed in his new role, along with other strong advocates for the Hong Kong people in the U.S. Congress and the new administration.
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