April 2, 2025 – The Committee for Freedom in Hong Kong (CFHK) Foundation applauds the U.S. Department of State for its recent Hong Kong Policy Act report and certification that Hong Kong continues to no longer warrant the differential treatment under U.S. law it enjoyed before the 1997 handover to the People’s Republic of China (PRC).
The annual report, which covers the period from January through December 2024, determines that officials in Beijing and Hong Kong continue to use “national security” as a pretext to undermine the territory’s judicial independence and rule of law, and that there is “no expectation of a fair trial” in national security cases, such as the prosecution of pro-democracy advocate Jimmy Lai and Tiananmen Square Massacre vigil organizer Chow Hang-tung.
The report details the use of the 2020 National Security Law (NSL) and the 2024 Safeguarding National Security Ordinance (SNSO) (also known as Article 23) to surveil and prosecute critics of the Hong Kong and Beijing governments. In particular, it cites the sentencing of 45 of the Hong Kong 47 pro-democracy advocates, former lawmakers, and journalists to up to 10 years in prison for their involvement in a 2020 unofficial primary election, despite this being peaceful political activity protected by Hong Kong’ Basic Law and recognized in the International Covenant on Civil and Political Rights.
The State Department also references the issuing of bounties for Hong Kong activists based overseas, including CFHK Foundation staffer Chloe Cheung, and the revocation of passports for U.S.-based activists, as in the case of her colleague, Frances Hui.
CFHK Foundation U.S. Director Jonathan Stivers said:
“The Hong Kong Policy Act report contains detailed findings that Chinese and Hong Kong government officials are intensifying the crackdown on Hong Kong. The passage of the Article 23 Ordinance, in particular, expanded the nature and scope of the persecution and prosecution of pro-democracy advocates while continuing to erode the fundamental freedoms of the Hong Kong people. The harsh sentences of the Hong Kong 45 political prisoners and the sham trial of pro-democracy advocate Jimmy Lai are evidence that the rule of law is no longer respected in Hong Kong.
“We appreciate the State Department’s strong report and the long overdue sanctions on six key individuals who have implemented repressive policies and eroded freedom and rule of law in Hong Kong. The message should be clear that Chinese and Hong Kong officials will be held accountable for their actions and all political prisoners in Hong Kong should be released, immediately and unconditionally.”
Hong Kong Policy Act Report – Additional Key Findings:
- The SNSO, enacted on March 23, 2024, was used to further erode the rule of law and undermine human rights and fundamental freedoms. It expanded the government’s surveillance powers and there were credible reports that government security services monitored pro-democracy and human rights activists, their families and acquaintances, and journalists in Hong Kong.
- Hong Kong authorities aggressively prosecuted pro‑democracy and media freedom advocates, including pro-democracy advocate and media owner Jimmy Lai, and former editors of Stand News.
- Hong Kong authorities used the NSL and the SNSO to issue new arrest warrants and bounties targeting six overseas democracy advocates and cancelling passports for seven others, including some based in the United States including a U.S. citizen.
- In October 2024, a Hong Kong court denied jailed Tiananmen Square Massacre vigil organizer Chow Hang-tung’s application to introduce overseas evidence via live television link in her NSL trial. The prosecution cited two non-public letters from a committee established by the Hong Kong government, which reportedly instructed the court to deny the request.
- Freedom of the press declined due to passage of the SNSO, the trial of Jimmy Lai, entry bans and other restrictions for foreign journalists, a conviction of the defunct Stand News for publishing seditious materials, harassment and intimidation of journalists and their families and associates.
- Internet freedom was curtailed as Hong Kong authorities blocked human rights related content and ordered internet platforms to remove the popular protest anthem “Glory to Hong Kong.”
- Freedom of Assembly and Association further diminished as Labor Day marches were cancelled and eight individuals were arrested related to a Tiananmen vigil including pro-democracy activist Chow Hang-tung and her mother. There has not been a public commemoration of the Tiananmen Square Massacre since 2019.
- Education and Academic Freedom were restricted and a new “national security education” curriculum was introduced. Public libraries, schools, and universities self-censored to comply with the NSL and library users were forced to register to access “Special Collections” containing books about the Tiananmen Square Massacre and works written by pro-democracy advocates.
- Freedom of Religion has been downgraded as churches have self-censored sermons and other religious activities. Hong Kong authorities arrested and prosecuted religious leaders for activities and nonviolent political expression. The NSL trial of Cardinal Joseph Zen, the former Catholic Bishop of Hong Kong and an outspoken defender of civil rights, remained pending. On March 28, 2024, Cardinal Stephen Chow stated the Catholic Diocese had to adjust certain religious practices to avoid breaking the new security law.
- Hong Kong authorities maintain that they do not have to implement “unilateral” sanctions by the U.S. In 2024, the U.S. designated 54 Hong Kong entities that provided support for a foreign military acting contrary to U.S. national security interests.
The Hong Kong Policy Act report is required by law under Section 1256 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (P.L. 115-232) (22 U.S.C 5731) and other legislation including the Hong Kong Policy Act of 1992 and the annual State-Foreign Operations Appropriations bills.
