Hong Kong’s Protests of 2019

Hong Kong’s Protests of 2019

Updated December 18, 2019
Hong Kong’s Protests of 2019
Overview
would have, among other things, allowed extradition of
Every week since June 9, 2019, thousands of residents of
persons from Hong Kong to Mainland China (see CRS In
the Hong Kong Special Administrative Region (HKSAR)
Focus IF11248, Hong Kong’s Proposed Extradition Law
of China, or “Hong Kongers,” have held marches and
Amendments). The Hong Kong Police Force estimated
rallies to protest the perceived erosion of their city’s “high
240,000 people attended the event. The following day,
degree of autonomy” promised in the 1984 Sino-British
Chief Executive Lam said that her government planned to
Joint Declaration, and Beijing’s efforts to “Mainlandize”
request that Hong Kong’s Legislative Council (Legco) take
Hong Kong’s culture, economy, and society. The Hong
up consideration of the bill on June 12, despite the protest.
Kong government, led by Chief Executive Carrie Lam
Cheng Yuet-ngor, and China’s central government have
On June 12, tens of thousands of people surrounded the
characterized the largely peaceful protests as “riots” and
Legco building in opposition to the extradition bill. Legco
“terrorism.” The Hong Kong Police Force has employed
cancelled its session for the day. After a standoff lasting
increasingly aggressive tactics to stop the protests, resulting
several hours, an estimated 5,000 Hong Kong police
in allegations that its officers are violating international
officers in riot gear used tear gas, rubber bullets, pepper
standards for responding to civil demonstrations.
spray, and truncheons to disperse the demonstrators. Chief
Executive Lam and Police Commissioner Steven Lo Wai-
The United States-Hong Kong Policy Act of 1992 (Hong
chung characterized the day’s demonstration a “riot.” Two
Kong Policy Act; P.L. 102-383; 22 USC Ch. 66, as
days later, Chief Executive Lam announced an indefinite
amended) calls on China to abide by the promises it made
delay in Legco’s consideration of the extradition bill.
in the 1984 Joint Declaration. It also states that the United
States will afford the Hong Kong Special Administrative
On the following Sunday, June 16, an estimated 2 million
Region, or HKSAR, separate treatment from China unless
Hong Kong residents again peacefully marched from
the President determines that Hong Kong is “not
Victoria Park to the HKSAR government headquarters; the
sufficiently autonomous to justify” such treatment.
Hong Kong Police Force stated that 334,000 people
participated. During the June 16 demonstration, the
On November 20, 2019, Congress passed the Hong Kong
protesters called on Lam to comply with “Five Demands”
Human Rights and Democracy Act of 2019 (HKHRDA,
(see text box). After the protest march, Chief Executive
P.L. 116-76), which requires the President to impose visa
Lam released a written apology, saying that she would pay
and economic sanctions on “each foreign person that the
more attention to the views of the Hong Kong people. Lam
President determines is responsible for (A) the extrajudicial
subsequently withdrew the extradition legislation, fulfilling
rendition, arbitrary detention, or torture of any person in
the first demand, but she has repeatedly stated that she will
Hong Kong; or (B) other gross violations of recognized
not comply with the other four demands.
human rights in Hong Kong.” The law also requires the
Secretary of State to certify annually to Congress that Hong
Kong is “sufficiently autonomous to justify special
The Protesters’ “Five Demands”
treatment by the United States for bilateral agreements and
1. Formally withdraw the extradition legislation
programs,” and prohibits the denial of a visa to a Hong
2. Drop all charges against arrested protesters
Kong resident to enter the United States “primarily on the
3. Retract the characterization of protests as “riots”
basis of the applicant’s subjection to politically-motivated
4. Establish an independent investigation into police brutality
arrest, detention, or other adverse government action.” On
the same day, Congress also passed P.L. 116-77, which
5. Implement the election of the Chief Executive and all Legco
prohibits the commercial export of covered munitions items
members by universal suffrage
to the Hong Kong Police Force for one year. President
Trump released a statement after signing the two bills on
Since June 16, one or more large-scale demonstrations have
November 27, 2019, stating his “hope that Leaders and
taken place every weekend, and on some weekdays as well.
Representatives of China and Hong Kong will be able to
In many cases, after the formal demonstrations were over,
amicably settle their differences leading to long term peace
some protesters marched to new locations or blocked off
and prosperity for all.”
streets, leading to the deployment of police officers in riot
gear. The arrival of the police frequently has led to
Protests Overview
confrontations, and eventually the use of tear gas, rubber
On June 9, 2019, protest organizers estimated that 1 million
bullets, and pepper spray to break up the protests. The
Hong Kongers participated in a peaceful march from
protesters have responded by donning makeshift riot gear
Victoria Park to the headquarters of the HKSAR
and throwing bottles, bricks, and Molotov cocktails at the
government in opposition to proposed legislation that
police, leading to accusations of violence by both sides.
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Hong Kong’s Protests of 2019
District Council Elections
HKSAR government has proposed education reforms, such
On November 24, 2019, Hong Kong held elections for its
as compulsory Mandarin language classes (Hong Kongers
18 District Councils. In a record turnout in which nearly 3
primarily speak Cantonese) and a “patriotic” curriculum in
million people (71% of eligible voters) voted, pro-protest
Hong Kong’s primary and secondary schools. China’s
candidates won nearly 390 of the 452 contested seats, and
central government is requiring the HKSAR government to
took control of 17 of the 18 District Councils in which pro-
pass laws prohibiting “disrespecting” China’s national
government members had been the majority.
anthem and flag. China’s central government and the
HKSAR government also have agreed to allow up to 150
Past Large-Scale Protests
“Mainlanders” per day to settle permanently in Hong Kong.
This is not the first time Hong Kong residents have
Many Hong Kongers see this is a way to undermine Hong
protested in large numbers against actions they see as
Kong’s “current cultural system.”
eroding the city’s autonomy. On July 1, 2003, an estimated
500,000 people rallied against a proposed anti-sedition law
Hong Kong’s economy is also seen as undergoing a gradual
introduced by then-Chief Executive Tung Chee-hwa; the
“Mainlandization.” Most companies included in Hong
bill was subsequently withdrawn. In 2014, tens of
Kong’s Hang Seng Index are now Mainland companies.
thousands of Hong Kongers participated in the so-called
Many Hong Kong stores cater to Mainland tourists and
“Umbrella Movement,” occupying major streets for nearly
Mainland traders, who buy goods in Hong Kong for resale
three months after China’s National People’s Congress
across the border. Hong Kong students compete with
Standing Committee (NPCSC) placed unacceptable
Mainlanders for places in schools and for jobs. Since July 1,
conditions on the nomination process in order for the Chief
1997, Hong Kong housing prices have nearly doubled, but
Executive to be elected by universal suffrage.
salaries have remained nearly stagnant, making buying an
apartment almost impossible for most young people.
Issues Motivating the Protests
While the proposed extradition bill precipitated the
China’s Response
continuing demonstrations, other long-standing issues are
Following the passage of P.L. 116-76 and P.L. 116-77,
motivating the protesters. These include the perceived
China officially suspended U.S. Navy port-of-call visits to
erosion of Hong Kong’s autonomy, the “Mainlandization”
Hong Kong and announced it would place restrictions on
of the city, and worsening economic opportunities.
the activities of the National Endowment for Democracy,
Freedom House, and Human Rights Watch, accusing them
Erosion of Hong Kong’s Autonomy
of financing and organizing the protests. President Xi
Hong Kong, a former British colony, reverted to Chinese
Jinping has expressed his support for Chief Executive Lam
control on July 1, 1997, under the terms of the “Joint
and has encouraged her to restore order in the city and seek
Declaration,” an international treaty that promised Hong
ways to alleviate Hong Kong’s deep-seated problems.
Kong a “high degree of autonomy” in its internal affairs.
Even before formation of the HKSAR, China’s central
Implications for Taiwan
government created a “provisional Legislative Council” to
The Hong Kong protests are a factor in Taiwan’s
replace the last Legco elected during British rule, claiming
presidential and legislative elections, scheduled for January
that changes made by the British in the 1996 Legco election
11, 2020. In January 2019, China’s President Xi called for
procedures violated the provisions of the Joint Declaration.
exploring “a Taiwan plan for ‘one country, two systems,’”
More recently, Beijing has overruled Hong Kong
appearing to propose that China subsume Taiwan under
institutions on internal HKSAR issues.
terms analogous to those China promised to Hong Kong
and neighboring Macau, a former Portuguese colony.
Under the Basic Law, which set up Hong Kong’s governing
Events in Hong Kong this year have raised new alarms in
bodies and processes, the HKSAR is supposed to have an
Taiwan about Taiwan’s likely fate were China to attempt to
autonomous judicial system. In January 1999, Hong Kong’s
implement such a plan, likely contributing to a surge in the
Court of Final Appeal issued a decision regarding the status
polls for Taiwan’s China-skeptic President Tsai Ing-wen,
of Mainland children born to Hong Kong permanent
who is running for re-election.
residents, ruling that Article 24 of the Basic Law granted
these children the “right of abode” in Hong Kong. In June
Issues for Congress
1999, the NPCSC issued its own “interpretation” of Article
The 116th Congress may monitor the Administration’s
24, overruling the Court of Final Appeal.
implementation of P.L. 116-76 and P.L. 116-77. Other
pending Hong Kong-related legislation includes the Hong
On November 7, 2016, the NPCSC issued an interpretation
Kong Be Water Act (S. 2758), which would impose
of the Basic Law’s provision for oath-taking, indicating that
sanctions on Chinese and HKSAR officials who have
Legco members were to be disqualified if they were not
“knowingly suppressed or facilitated the suppression of the
“sincere and solemn” or if they diverged from a prescribed
freedoms of speech, association, assembly, procession, or
script. In part relying on the NPCSC interpretation, then-
demonstration of the people of Hong Kong.”
Chief Executive Leung successfully sued to have six pro-
democracy Legco members disqualified.
Michael F. Martin, Specialist in Asian Affairs
Susan V. Lawrence, Specialist in Asian Affairs
“Mainlandization”
Many Hong Kong protesters also decry what they view as
IF11295
the attempted “Mainlandization” of Hong Kong. The
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Hong Kong’s Protests of 2019

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