The Hong Kong People’s Freedom and Choice Act (the Act), which has been delayed for more than two months and has yet to make progress, has seen a glimmer of hope for last-minute passage by both houses of Congress before the end of the current session.
According to the congressional agenda, the full House of Representatives will consider and vote on the “Hong Kong People’s Freedom and Choice Act” on Monday (December 7). If the bill is passed by the House, it can be sent to the Senate for a vote, which would symbolize a major step forward on the way to completing the legislative process. After the bill passes both houses of Congress, it is then sent to the White House for the President’s signature.
The bill is classified as a “suspension,” which means that the bill is not controversial, has the support of at least two-thirds of the members of Congress, and the legislative process is fast-tracked, with a 40-minute time limit for debate in the full chamber and no new amendments to the bill. In other words, one can expect the bill to be passed on Monday afternoon EST.
Under H.R. 8428, the Hong Kong People’s Freedom and Choice Act, the U.S. government would provide “Temporary Protected Status” to Hong Kongers currently in the United States on visas who return to Hong Kong at risk of political persecution. The bill would also expedite the processing of refugee applications for Hong Kong residents fleeing political persecution in the United States and exclude this category from the overall annual U.S. refugee admissions limit.
In addition, even if the U.S. were to withdraw some or all of Hong Kong’s special economic and trade status treatment, the bill would distinguish Hong Kong from mainland China in the category of immigration policy. The bill would also promote international cooperation, particularly by encouraging like-minded allies to provide asylum to Hong Kongers oppressed by Beijing.
The “Hong Kong People’s Freedom and Choice Act” was first introduced in late June of this year by Democratic Congressman Tom Malinowski (D-NJ) and Republican Congressman Adam Kinzinger (R-IL). Members of both parties also attempted to include the bill as an amendment to the National Defense Authorization Act of 2021 (NDAA), but the bill did not make it to the House leadership’s agenda and died.
Representative Malinowski, who served as Assistant Secretary of State for Democracy, Human Rights, and Labor at the U.S. State Department, reintroduced the Hong Kong People’s Freedom and Choice Act (HKPCA) on September 29, after adopting portions of the Hong Kong Safe Harbor Act and other Hong Kong-related bills introduced by Republican Rep. John Curtis (R-UT). Two days after its reintroduction, the updated version of the Hong Kong People’s Freedom and Choice Act was quickly and unanimously passed out of the House Foreign Affairs Committee.
Samuel Chu, executive director of the Washington-based Hong Kong Democratic Foundation, told VOA by email that he expects a swift and overwhelming passage of the Hong Kong People’s Freedom and Choice Act, which will come up for a vote in the House of Representatives.
“The House vote will also send a signal to the current and incoming U.S. administrations that these are the measures we want to implement, and many of them, such as providing ‘Temporary Protected Status’ and expediting the (visa application) process, can be implemented immediately by executive authority,” Chu said.
Recess is imminent, and the bill will have a difficult time getting through both chambers.
House Majority Leader Rep. Steny Hoyer (D-MD) said in a conference call with reporters on Dec. 2 that he plans to have all of his agenda and work completed by Friday (Dec. 11) to allow enough time for members of Congress to return to their districts and conduct any necessary quarantine or quarantine measures. Hoyer also told reporters that he hopes the move will accelerate bipartisan consensus on a number of bills.
With the current timing of Congress’ agenda, it will remain difficult for bills to pass the House within the next week and be cleared by the Senate before it adjourns for the Christmas holiday recess at the end of the year.
However, a number of bipartisan senators, including Sen. Marco Rubio (R-FL), Sen. Ben Cardin (D-MD), and Sen. Jeff Merkley (D-OR), recently responded to a question from the Voice of America that if the bill is successfully sent to the Senate floor, it will be Willingness to support this effort. There is a high degree of cross-party consensus between Democrats and Republicans on issues that support Hong Kong.
Over the past week, Beijing has made a major move to settle scores with a number of Hong Kong pro-democracy activists. Former Hong Kong activists Wong Chi-fung, Lam Long-yen and Chow Ting were recently sentenced to 7 to 13 and a half months in jail for “inciting others to participate in an illegal assembly”; and the founder of Next Media, Chi-Ying Lai, was charged with fraud and remanded to jail until April next year. The news not only immediately drew strong opposition from dignitaries from many countries, but also members of the U.S. Congress from both parties have expressed outrage and condemnation.
“The recent arrests, detentions, and sentencing undoubtedly make this bill and U.S. action all the more urgent,” Zhu told VOA in a written response. “Providing safe passage and sanctuary for those at risk is one of the most concrete and tangible things the United States and its allies can do at this time. “
In addition to sanctioning officials in China and Hong Kong, Congress enacted legislation to provide protection for Hong Kong people.
After the Standing Committee of the National People’s Congress (NPC) passed the controversial Hong Kong National Security Law (NSA) in late June despite strong international opposition and protests from the Hong Kong public, the U.S. Congress responded only weeks later by quickly passing the punitive Hong Kong Autonomy Act (HKA). The Act went into effect in mid-July of this year.
The Hong Kong Autonomy Act imposes sanctions on Chinese officials and individuals who forcibly promote the controversial Hong Kong version of the National Security Law and undermine Hong Kong’s autonomy. Under the bill, banks that do business with Chinese officials who undermine Hong Kong’s autonomy will also be sanctioned.
In contrast to the Hong Kong Autonomy Act, the Hong Kong People’s Freedom and Choice Act, currently awaiting a vote, emphasizes the provision of asylum assistance to Hong Kong protesters who have been suppressed and persecuted by Beijing, especially those who have played an important role in demonstrations.
Zhu emphasized that the strong bipartisan support for these bills, and even the support of the general public, demonstrates the high priority and support that Congress places on Hong Kong issues.
“The Hong Kong People’s Freedom and Choice Act is legislation that supports expedited processing of refugees and asylum claims,” Chu said in an earlier interview with the Voice of America. “I think it really shows how bad things are in Hong Kong right now, and in 2020 we’re talking about Hong Kong people being treated as refugees by the America and other countries receive it.”
“Hong Kongers, especially those who have risked their lives and faced harsh political trials for their freedom, are in desperate need of help now,” said Zhu Muimin.
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