Hong Kong: Key Issues in 2021

Hong Kong: Key Issues in 2021

December 23, 2020
Hong Kong: Key Issues in 2021
The Hong Kong Special Administrative Region (HKSAR,
country or with external elements to endanger national
or Hong Kong) is a city located off the southern coast of
security.” The NPCSC and the HKSAR government have
Guangdong Province, People’s Republic of China (PRC or
stated that the NSL was necessary to restore order
China). More than 90% of Hong Kong’s population is
following the large-scale protests of 2019. For more about
ethnically Chinese. The first language of the vast majority
the 2019 protests, see CRS In Focus IF11295, Hong Kong’s
is Cantonese, a variety of Chinese different from what is
Protests of 2019.
spoken in most of the PRC.
Hong Kong at a Glance
Under the provisions of a 1984 international treaty known
Population (2020): 7.5 mil ion
as the “Joint Declaration,” sovereignty over Hong Kong
Area: 1,082 square kilometers (418 square miles)
transferred from the United Kingdom to the PRC on July 1,
Per Capita GDP (2019): HK$381,714 (US$48,938)
1997. In the Joint Declaration, China pledged the former
British colony “will enjoy a high degree of autonomy,
Life Expectancy (at birth, 2018): Men: 82.2 years;
except in foreign and defence affairs,” and “will be vested
Women: 88.1 years
with executive, legislative and independent judicial power,
Leadership: Chief Executive Carrie Lam Cheng Yuet-ngor
including that of final adjudication.” China also promised
Source: Hong Kong Census and Statistics Department
that the “[r]ights and freedoms, including those of the
person, of speech, of the press, of assembly, of association,
The Hong Kong Police Force (HKPF) has arrested dozens
of travel, of movement, of correspondence, of strike, of
of people for alleged NSL violations. At least four people
choice of occupation, of academic research and of religious
have been formally charged under the NSL, including
belief will be ensured by law.”
Jimmy Lai Chee-ying, owner and publisher of the pro-
democracy newspaper, Apple Daily. The NSL, as written,
The Joint Declaration also required that the PRC pass a
applies to alleged violations committed by anyone,
Basic Law for the HKSAR that incorporates these
anywhere in the world, including in the United States. The
commitments, and those commitments were to “remain
maximum penalty for NSL violations is life in prison. For
unchanged for 50 years.” On April 4, 1990, China’s
more about the NSL, see CRS Report R46473, China’s
National People’s Congress passed the “Basic Law of the
National Security Law for Hong Kong: Issues for Congress.
Hong Kong Special Administrative Region (HKSAR) of
the People’s Republic of China” (Basic Law).
Disqualification of Legislators
Hong Kong courts disqualified six members of the city’s
Congress and the Trump Administration have expressed
Legislative Council (Legco) in 2016 and 2017 after the
their opposition to HKSAR and PRC government actions
HKSAR government challenged how they took their oaths
that appear to have violated those commitments, and have
of office. On November 11, 2020, the HKSAR government
imposed visa and economic restrictions on individuals and
disqualified four members of Legco based on a decision by
entities they view as responsible for the erosion of Hong
the NPCSC that established new qualifications to be a
Kong’s autonomy and the rights of Hong Kong residents.
Legco member. The following day, 15 members of Legco’s
The PRC government responded by imposing restrictions
pro-democracy coalition submitted their resignations in
on U.S. citizens it views as interfering in the internal affairs
opposition to the actions of the NPCSC and the HKSAR
of the HKSAR and the PRC, contributing to social unrest,
government. For more about the 2020 disqualifications, see
and threatening national security.
CRS Insight IN11533, Hong Kong Government
Disqualifies Four Legislative Council Members.
Key Events in 2020
The governments of the HKSAR and the PRC took several
As a result of the disqualifications and resignations, Legco,
actions in 2020 that seemingly reduced the city’s promised
which is supposed to have 70 members, now consists of
“high degree of autonomy,” placed new restrictions on the
41 “pro-establishment” coalition members who generally
rights of Hong Kong residents, and appear to be designed to
support the HKSAR government, and 2 other unaffiliated
suppress opposition to these actions.
members. For more about Legco, see CRS In Focus
IF10500, Hong Kong’s Legislative Council (Legco).
National Security Law
On June 30, 2020, China’s National People’s Congress
Arrests and Imprisonment of Dissidents
Standing Committee (NPCSC) drafted and approved a
The HKPF arrested more than 10,000 people for alleged
national security law (NSL) for the HKSAR, criminalizing
crimes committed during the 2019 protests. More than
the organization and perpetration of terrorist activities, as
2,300 of those arrested have been officially charged in
well as secession, subversion, and “collusion with a foreign
Hong Kong courts; more than 200 have been convicted,
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Hong Kong: Key Issues in 2021
including about 140 who pled guilty. In some cases, the
China,” and suspended such differential treatment. It also
accused have been remanded without bail. For example,
authorized the Secretaries of State and the Treasury to
Tam Tak-chi, chairman of People’s Power, a pro-
impose visa and economic sanctions on HKSAR and PRC
democracy political party, has been held pending trial since
officials determined to be responsible for the erosion of the
his arraignment in September 2020 for alleged violations of
HKSAR’s autonomy, the undermining of democracy in
Hong Kong’s pre-NSL sedition law. In other cases, the
Hong Kong, or the loss of the rights of Hong Kong
Hong Kong courts have dismissed charges because of a
residents. Since the issuance of EO13936, 20 PRC officials
lack of credible evidence, prompting claims by protesters
and 8 HKSAR officials have been sanctioned, including
that the HKPF and the HKSAR Department of Justice are
HKSAR Chief Executive Carrie Lam Cheng Yuet-ngor and
using their authority to suppress political opposition.
HKPF Commissioner Chris Tang Ping-keung.
Coronavirus Disease 2019 (COVID-19) Outbreak
Response of HKSAR and PRC
Hong Kong had fewer than 1,000 confirmed COVID-19
The HKSAR and PRC governments have condemned the
cases until early April 2020, due in part to the voluntary
passage of the Hong Kong-related laws, the issuance of
adoption of anti-contamination measures by Hong Kong
EO13936, the suspension of Hong Kong’s special
residents and in part to the HKSAR government closing its
treatment, and the imposition of sanctions on their officials.
borders and adopting other precautions. The relaxation of
The HKSAR government described the sanctions as
these preventive measures led to a rise in COVID-19 cases
“blatant interference in the internal affairs of the PRC,
in July, and the re-imposition of restrictions. Pro-
violating international law and basic norms governing
democracy advocates have accused the HKSAR
international relations.” The PRC government has imposed
government and the HKPF of using the COVID-19
visa and other sanctions on U.S. officials.
pandemic as an excuse to prohibit protests and to postpone
for a year Legco elections scheduled for September 6, 2020.
Issues in 2021
The 117th Congress and the presumed Biden Administration
U.S. Policy
will likely face several issues in U.S. relations with the
U.S. relations with Hong Kong are governed by the United
HKSAR and the PRC, including continuing threats to the
States-Hong Kong Policy Act of 1992 (USHKPA; P.L. 102-
rights of Hong Kong residents; erosion of the rule of law;
383), which commits the United States to treating the
and the possible departure of international businesses.
HKSAR as separate from the rest of China in a variety of
political, economic, trade, and other areas so long as the
Threats to the Rights of Hong Kong Residents
HKSAR remains “sufficiently autonomous.” The act also
The HKSAR government and the HKPF probably will
states, “Support for democratization is a fundamental
continue to arrest, detain and charge Hong Kong dissidents
principle of United States foreign policy. As such, it
for alleged violations of the NSL and other laws. The
naturally applies to United States policy toward Hong
HKSAR government has also taken steps to censor political
Kong. This will remain equally true after June 30, 1997.”
content in the local media, including Apple Daily and
RTHK. The Education Department is revising school
New Legislation
curriculum to promote more patriotic opinions of the PRC.
The 116th Congress passed three Hong Kong-related laws.
The Hong Kong Human Rights and Democracy Act of
Erosion of Hong Kong’s Rule of Law
2019 (HKHRDA; P.L. 116-76) amended the USHKPA to
Hong Kong’s independent judiciary, and its traditional
require the Secretary of State provide an annual
utilization of British Common Law, is a major factor in the
certification to Congress that Hong Kong remains
city’s development into an international financial and trade
sufficiently autonomous to warrant separate treatment from
center. The PRC government has suggested that Hong
China, and to protect the ability of Hong Kong protesters to
Kong judges should be more “patriotic” and consider the
obtain U.S. visas. The HKHRDA also requires that the
best interests of the HKSAR and PRC in its decisions.
President impose sanctions on foreign persons
Some pro-government commentators have criticized Hong
“undermining fundamental freedoms and autonomy in
Kong judges for being too sympathetic to the Hong Kong
Hong Kong,” and safeguard U.S. citizens and others from
protesters in their rulings. The HKSAR government has
rendition to China. P.L. 116-77 prohibited the sale of
reassigned a few judges so they will no longer hear cases
certain types of U.S. riot control equipment to the HKPF for
pertaining to the 2019 protests. In addition, the NSL
one year, or to November 26, 2020. The Hong Kong
contains provisions that allow cases to be referred to courts
Autonomy Act (HKAA, P.L. 116-149) requires the
in mainland China for adjudication.
President to impose sanctions on foreign individuals and
entities that materially contribute to China’s failure to
Departure of International Businesses
preserve Hong Kong’s autonomy.
The social unrest of 2019, the imposition of the NSL, the
perceived crackdown on political opposition, and the
U.S. Sanctions
erosion of the rule of law reportedly are leading to some
On July 14, 2020, President Trump issued the President’s
U.S. and other international companies reexamining their
Executive Order on Hong Kong Normalization (EO13936),
presence in Hong Kong. In the second half of 2020, the
citing the authority provided by the USHKPA, the
number of foreign firms in Hong Kong shrank for the first
HKHRDA, and the HKAA. The order stated that the
time in 11 years.
HKSAR “is no longer sufficiently autonomous to justify
differential treatment in relation to the People’s Republic of
Michael F. Martin, Specialist in Asian Affairs
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Hong Kong: Key Issues in 2021

IF11711

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