Congressional Eecutive Commission on China (CECC): Chairs Introduce the Jimmy Lai Hong Kong Political Prisoner Accountability Act of 2026

 

Pix credit here

 

The Congressional-Executive Commission on China was created by the U.S. Congress in 2000 "with the legislative mandate to monitor human rights and the development of the rule of law in China, and to submit an annual report to the President and the Congress. The Commission consists of nine Senators, nine Members of the House of Representatives, and five senior Administration officials appointed by the President." (CECC About). The CECC FAQs provide useful information about the CECC. See CECC Frequently Asked Questions. They have developed positions on a number of issues.

CECC tends to serve as an excellent barometer of the thinking of political and academic elites in the United States about issues touching on China and the official American line developed in connection with those issues. As such it is an important source of information about the way official and academic sectors think about China. As one can imagine many of the positions of the CECC are critical of current Chinese policies and institutions (for some analysis see CECC).

CECC periodically  proposes legislation that advances their normative and political agendas. Many of these do not produce legislation, all of them shape policy and if not policy, then the foundations and patterns of discourse in the US about China and its relationship to the US within the political classes and their networks (academics, press, social media agents, think tanks, etc.).

Hon g KOng has been very much on the minds of CECC lately. See, e.g.,  Congressional-Executive Commission on China (CECC) Heraring: Hearing Announcement: A Son and Daughter’s Appeal to Xi Jinping to Release Their Dad, Jimmy Lai. CECC has advanced a legislative program grounded in its emerging policies on US.-Hing KOng relaitons. See, e.g., Hong Kong Judicial Sanctions Act (S. 1755); HKETO Certification Act (S. 3655/H.R. 2661); The Jimmy Lai Way Act (H.R. 2522) Today CECC took that agenda another step forward when it announced the introduction of legislation:  the Jimmy Lai Hong Kong Political Prisoner Accountability Act of 2026. The social media release described that project this way:

 

Chairs Introduce the Jimmy Lai Hong Kong Political Prisoner Accountability Act of 2026

Wednesday, September 16, 2026

WASHINGTON, D.C.—Senator Dan Sullivan (R-AK) and Representative Chris Smith (R-NJ), Chair and Co-Chair, respectively, of the bipartisan, bicameral Congressional-Executive Commission on China (CECC), today introduced the Jimmy Lai Hong Kong Political Prisoner Accountability Act of 2026, a comprehensive, bipartisan bill to establish a deterrence and accountability framework for Hong Kong political prisoners. Commissioners Jeff Merkley (D-OR) and Tom Suozzi (D-NY) joined the Chairs in introducing this legislation.

The legislation would require the State Department to determine within 30 days whether abuse, medical neglect, torture, detention conditions, or other actions contributed to a political prisoner’s death and identify those responsible. It would then mandate sanctions within 60 days against responsible or complicit PRC and Hong Kong officials, requiring international coordination, as well as requiring regular reporting to Congress on the health of, and access to, Jimmy Lai and other political prisoners.

Senator Dan Sullivan, Chair of the CECC, stated:

“Jimmy Lai was sentenced to an appalling 20-year prison sentence simply for exercising his God-given rights and standing up for the people of Hong Kong. He should be released immediately. In the meantime, his sentence must not become a death sentence. Beijing and Hong Kong officials need to understand that how political prisoners are treated matters—and that a death caused by abuse, neglect, or inhumane conditions will bring real consequences.”

Representative Chris Smith, Co-Chair of the CECC, said:

“Jimmy Lai’s unjust, politically motivated imprisonment is an affront to free speech and human dignity. This critical legislation makes clear that political prisoners must be released, their families must receive answers, and those responsible for their abuse, torture, or neglect must be held to account. The United States will not allow Hong Kong political prisoners to be forgotten and overlooked, and this bill takes serious action to crack down on the CCP’s repression.”

CECC Commissioners will continue to work across the aisle to press for the immediate and unconditional release of Jimmy Lai and others unjustly detained and ensure that the United States stands firmly with the people of Hong Kong in defense of their fundamental freedoms.

Highlights of the Jimmy Lai Hong Kong Political Prisoner Accountability Act of 2026:

• Require a 30-day determination. After credible information that a political prisoner died while in Hong Kong government custody or because of authorities’ actions while detained by that government, the Secretary of State, in coordination with the Secretary of the Treasury, must determine whether medical neglect, abuse or torture, detention conditions, or another act or omission caused or contributed to the death and identify those responsible.
• Mandate sanctions. Within 60 days of the determination, the Secretary must impose sanctions on each identified PRC or Hong Kong official, agent, or employee under the Global Magnitsky Human Rights Accountability Act, the Hong Kong Autonomy Act, and other applicable authorities. 
• Mobilize an international response. The Secretary must seek a UN human rights inquiry, raise the death in appropriate multilateral organizations, and coordinate sanctions with allies. 
• Impose visa restrictions. The Secretary must use available authorities to impose visa restrictions on adult family members of a covered foreign person sanctioned under the bill. 
• Track health and access. Within 90 days of enactment and annually thereafter, the Secretary must report to Congress on the health of Jimmy Lai and other political prisoners; restrictions on medical, legal, consular, and family access; and additional protective measures. 
• Consider broader accountability measures. The Secretary must review whether additional officials meet existing sanctions criteria and consider recommending that the President withdraw, condition, or limit privileges and immunities of Hong Kong Economic and Trade Offices in the United States. 

Below is a summary of the Jimmy Lai Hong Kong Political Prisoner Accountability Act of 2026, introduced by Senator Sullivan in the 119th Congress. My take: 

Overview

The bill establishes a U.S. sanctions framework triggered by the death of political prisoners in Hong Kong. It is named after Jimmy Lai Chee-Ying, the 78-year-old British citizen and founder of Apple Daily, who was sentenced to 20 years in prison on February 9, 2026 — the longest sentence imposed under Hong Kong's National Security Law. The bill was referred to committee upon introduction.

Key Definitions (Section 2)

The bill creates several important defined terms:

• Hong Kong political prisoner: Any individual detained or imprisoned for peacefully exercising rights protected under the Sino-British Joint Declaration, the Basic Law, or international human rights law — including freedoms of expression, press, assembly, association, religion, and political participation. Individuals charged under the National Security Law (2020), the Safeguarding National Security Ordinance (2024), the Crimes Ordinance sedition provisions, or the Public Order Ordinance are presumed to be political prisoners unless the Secretary of State determines otherwise based on credible, independently corroborated evidence.

• Covered foreign person: Any official, agent, or employee of the PRC or Hong Kong government determined to be responsible for, complicit in, or having directed the arrest, detention, prosecution, imprisonment, abuse, or death of a Hong Kong political prisoner.

Congressional Findings (Section 3)

Congress recites findings regarding Jimmy Lai's case — including his imprisonment since December 2020, largely in solitary confinement, and his conviction on December 15, 2025, under the National Security Law. The findings also note that over 1,000 individuals have been imprisoned under Hong Kong's national security legislation, including Chow Hang-tung, Joshua Wong, Lee Cheuk-yan, and Gwyneth Ho. Congress further finds that the PRC has denied independent international monitoring of detention conditions, disregarded UN human rights mechanisms, and denied or delayed consular access to foreign nationals in custody, including Jimmy Lai.

Statement of U.S. Policy (Section 4)

The bill declares that the United States has a direct and substantial national interest in the welfare and release of all Hong Kong political prisoners. It establishes that the death in custody of any such prisoner would result in "significant and immediate consequences" for U.S. relations with the PRC and Hong Kong. The policy further commits the U.S. to coordinating with allies — including the United Kingdom, Canada, Australia, and the European Union — on any response.

Mandatory Sanctions Framework (Section 5)

This is the operative enforcement provision:

1. Determination (30-day deadline): Upon receiving credible information that a Hong Kong political prisoner has died in custody, the Secretary of State must determine within 30 days whether the death resulted from denial of medical care, physical abuse or torture, substandard confinement conditions, or any other act or omission by detaining authorities.

2. Mandatory sanctions (60-day deadline): Within 60 days of making such a determination, the Secretary must impose sanctions on each responsible covered foreign person under the Global Magnitsky Human Rights Accountability Act, the Hong Kong Autonomy Act, and any other applicable congressional authority.

3. Termination conditions: Sanctions may only be lifted if the Secretary certifies to Congress that (a) a credible, independent, and transparent investigation into the death was conducted, (b) those responsible were prosecuted or held accountable under international fair trial standards, and (c) the prisoner's family received full information and appropriate remedies.

Additional Measures (Section 6)

Beyond sanctions, the bill requires:

• Multilateral engagement: Requesting that the UN High Commissioner for Human Rights conduct an independent inquiry and raising the matter at the UN Human Rights Council and, where appropriate, the Security Council.
• Visa restrictions: Imposing visa restrictions on adult family members of sanctioned covered foreign persons.
• Annual reporting: Within 90 days of enactment and annually thereafter, the Secretary must report to Congress on the health status of Jimmy Lai and other political prisoners, any denial of medical care or consular access, and recommendations for additional protective measures.
• Accountability measures: Within 90 days of enactment, the Secretary must consider additional steps, including sanctions on officials responsible for arbitrary detention, and potentially recommending that the President withdraw or limit privileges and immunities extended to Hong Kong Economic and Trade Offices in the United States.

Sense of Congress (Section 7)

The bill expresses the sense of Congress that Jimmy Lai should be immediately and unconditionally released, that the PRC should grant full consular access consistent with the Vienna Convention on Consular Relations, that his prosecution represents a direct assault on press and expression freedoms, and that his case should be treated as a priority human rights matter in all U.S. diplomatic engagements with China and the United Kingdom.

Practical Significance

In essence, the bill creates a pre-committed, mandatory sanctions trigger tied to the death of any Hong Kong political prisoner — removing executive discretion on whether to impose sanctions and focusing it only on whom to sanction. It also builds in multilateral coordination obligations and ongoing congressional reporting requirements, ensuring sustained oversight of detention conditions in Hong Kong.

As of now, I was unable to find a specific, direct Chinese government response to this particular bill. This is likely because the legislation was only just introduced and a formal reaction may not yet have been issued.

However, the Chinese government's broader position on Jimmy Lai, U.S. sanctions proposals, and Hong Kong-related legislation is well documented and provides a strong indication of how Beijing is likely to frame any response. Here is what the official record shows:

China's Consistent Position on the Jimmy Lai Case

The PRC Ministry of Foreign Affairs has addressed Jimmy Lai repeatedly in 2026, deploying a consistent set of talking points:

• "Lai is the principal mastermind and perpetrator behind the series of riots that shook Hong Kong." This characterization has been used verbatim by MFA spokesperson Guo Jiakun at press conferences on both May 12 and May 15, 2026, in response to questions about whether China would consider releasing Lai at President Trump's request.

• "Hong Kong affairs are China's internal affairs." This is the standard formulation used to reject any foreign engagement on the issue.

• "The central government of China firmly supports the Hong Kong judicial authorities in performing duties in accordance with the law." This line was used by Guo Jiakun to shut down questions about Lai's potential release during the Trump–Xi summit in May 2026.

China's Reaction to the Sentencing and International Criticism (February 2026)

When Lai was sentenced to 20 years on February 9, 2026, multiple PRC and Hong Kong authorities issued statements:

• MFA spokesperson Lin Jian stated that "Jimmy Lai is a Chinese national" and that his actions "seriously breached the principles and bottom line of One Country, Two Systems".

• The Hong Kong and Macao Affairs Office of the State Council said the sentence "sends a stern and forceful message that no matter who it is, anyone who dares to challenge laws safeguarding national security will be severely punished".

• The Commissioner's Office of the Chinese Foreign Ministry in the HKSAR called on foreign media to "respect the city's independent judicial ruling" and "refrain from politicizing legal issues".

• Lin Jian urged "relevant countries to respect China's sovereignty, respect the rule of law in Hong Kong, not make irresponsible remarks on the Hong Kong SAR's handling of the case, and not interfere in Hong Kong's judicial affairs and China's internal affairs in any form".

• HKSAR Chief Executive John Lee called Lai's crimes "heinous and numerous" and said the sentence "demonstrates the rule of law, upholds justice, and is deeply gratifying to the public".

China's Position on U.S. Sanctions Legislation Generally

China has consistently condemned U.S. Hong Kong-related sanctions legislation. The Global Times reported that the MFA "slams US report on HK as 'replete with lies and fallacies'" in April 2026. More broadly, the MFA has stated that China "stand[s] firmly against illicit unilateral sanctions that have no basis in international law or the authorization of the UN Security Council". The 2026 Hong Kong Policy Act Report notes that the Hong Kong government has maintained that "Hong Kong law allows implementation of only UN sanctions, not 'unilateral' sanctions imposed by individual countries".

State Media Framing

Chinese state media, including the Global Times and China Daily Hong Kong, have published extensive commentary characterizing Western criticism and sanctions proposals as "blatant interference in Hong Kong's judicial independence" and "hegemonic practices". A China Daily op-ed by the secretary-general of the Hong Kong Coalition accused "certain Western politicians" of using Lai "as a pawn to meddle in China's internal affairs and contain China's development".

Bottom Line

While no official Chinese government statement specifically addressing the Jimmy Lai Hong Kong Political Prisoner Accountability Act of 2026 has been published yet — which is expected given that the bill was introduced only today — Beijing's response to the broader Jimmy Lai case and to U.S. sanctions proposals has been emphatic and uniform: the Lai case is an internal affair, his prosecution was lawful, and any foreign sanctions legislation constitutes interference in China's sovereignty.

 

 

The text of the proposed legislation follows below and may be accessed HERE.,

 

 BUR26668 W6F S.L.C.
119TH CONGRESS
2D SESSION S. ll
To impose sanctions and other policy consequences in response to the death
of political prisoners in Hong Kong, and for other purposes.
IN THE SENATE OF THE UNITED STATES
llllllllll
Mr. SULLIVAN introduced the following bill; which was read twice and referred
to the Committee on llllllllll
A BILL
To impose sanctions and other policy consequences in re-
sponse to the death of political prisoners in Hong Kong,
and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled,2
SECTION 1. SHORT TITLE.3
This Act may be cited as the ‘‘Jimmy Lai Hong Kong4
Political Prisoner Accountability Act of 2026’’.5
SEC. 2. DEFINITIONS.6
In this Act:7
(1) APPROPRIATE CONGRESSIONAL COMMIT-8
TEES.—The term ‘‘appropriate congressional com-9
mittees’’ means—10
2
BUR26668 W6F S.L.C.
(A) the Committee on Foreign Relations1
and the Committee on Banking, Housing, and2
Urban Affairs of the Senate; and3
(B) the Committee on Foreign Affairs and4
the Committee on Financial Services of the5
House of Representatives.6
(2) BASIC LAW.—The term ‘‘Basic Law’’ means7
the Basic Law of the Hong Kong Special Adminis-8
trative Region of the People’s Republic of China,9
adopted on April 4, 1990.10
(3) COVERED FOREIGN PERSON.—The term11
‘‘covered foreign person’’ means any official, agent,12
or employee of the Government of the People’s Re-13
public of China or the Government of Hong Kong14
determined to be responsible for, complicit in, or15
having directed—16
(A) the arrest, detention, prosecution, im-17
prisonment, or abuse of a Hong Kong political18
prisoner; or19
(B) the death, or actions contributing to20
the death including medical neglect, of a Hong21
Kong political prisoner while in custody.22
(4) HONG KONG.—The term ‘‘Hong Kong’’23
means the Hong Kong Special Administrative Re-24
gion of the People’s Republic of China.

3
BUR26668 W6F S.L.C.
(5) HONG KONG POLITICAL PRISONER.—1
(A) IN GENERAL.—The term ‘‘Hong Kong2
political prisoner’’ means any individual de-3
tained or imprisoned by authorities in Hong4
Kong or elsewhere by the Government of the5
People’s Republic of China who the Secretary6
determines—7
(i) was arrested, detained, prosecuted,8
convicted, or imprisoned, in whole or in9
substantial part, because of—10
(I) the peaceful exercise of a11
right protected under the Sino-British12
Joint Declaration, the Basic Law, or13
applicable international human rights14
law, including the freedoms of expres-15
sion, the press, assembly, association,16
religion, or political participation; or17
(II) the individual’s political18
views, affiliations, advocacy, jour-19
nalism, religious activity, labor activ-20
ity, or engagement with a foreign gov-21
ernment, international organization,22
or civil society organization; or23
(III) was subjected to a politi-24
cally motivated arrest, detention, pros-25



4
BUR26668 W6F S.L.C.
ecution, conviction, or imprisonment;1
or2
(ii) is or was charged with or con-3
victed of an offense under—4
(I) the National Security Law;5
(II) the sedition provisions of the6
Crimes Ordinance (Cap. 200) of Hong7
Kong;8
(III) the Public Order Ordinance9
(Cap. 245) of Hong Kong;10
(IV) the Safeguarding National11
Security Ordinance, enacted in 2024;12
or13
(V) any successor, amended, or14
substantially similar legislation en-15
acted to suppress political opposition,16
restrict civil liberties, or punish the17
exercise of fundamental freedoms.18
(B) RELEVANT OFFENSES.—In making a19
determination under subparagraph (A), the20
Secretary shall consider whether the individual21
was charged with or convicted of an offense22
under—23
(i) the National Security Law;24



5
BUR26668 W6F S.L.C.
(ii) the sedition provisions of the1
Crimes Ordinance (Cap. 200) of Hong2
Kong;3
(iii) the Public Order Ordinance (Cap.4
245) of Hong Kong;5
(iv) the Safeguarding National Secu-6
rity Ordinance, enacted in 2024; or7
(v) any successor, amended, or sub-8
stantially similar law used to suppress po-9
litical opposition, restrict civil liberties, or10
punish the exercise of internationally rec-11
ognized human rights.12
(C) PRESUMPTION.—An individual charged13
with or convicted of an offense described in sub-14
paragraph (B) shall be presumed to be a Hong15
Kong political prisoner unless the Secretary de-16
termines, on the basis of credible and independ-17
ently corroborated evidence, that the individual18
does not meet the criteria outlined in subpara-19
graph (A).20
(6) JOINT DECLARATION.—The term ‘‘Joint21
Declaration’’ means the Joint Declaration of the22
Government of the United Kingdom of Great Britain23
and Northern Ireland and the Government of the24
People’s Republic of China on the Question of Hong25



6
BUR26668 W6F S.L.C.
Kong, signed on December 19, 1984, and registered1
with the United Nations on June 12, 1985.2
(7) NATIONAL SECURITY LAW.—The term ‘‘Na-3
tional Security Law’’ means the Law of the People’s4
Republic of China on Safeguarding National Secu-5
rity in the Hong Kong Special Administrative Re-6
gion, signed on June 30, 2020.7
(8) SECRETARY.—The term ‘‘Secretary’’ means8
the Secretary of State, in coordination with the Sec-9
retary of the Treasury.10
SEC. 3. FINDINGS.11
Congress finds the following:12
(1) Jimmy Lai Chee-Ying is a 78-year-old cit-13
izen of the United Kingdom, resident of Hong Kong,14
Catholic, and the founder of Apple Daily, one of the15
most widely read pro-democracy newspapers in Hong16
Kong. Lai has been imprisoned since December17
2020, largely in solitary confinement. On December18
15, 2025, Lai was convicted by a Hong Kong na-19
tional security court on two counts of conspiracy to20
commit collusion with foreign forces under the Na-21
tional Security Law and one count of conspiracy to22
publish seditious publications under the Crimes Or-23
dinance, to which Lai pleaded not guilty. On Feb-24
ruary 9, 2026, Lai was sentenced to 20 years in25



7
BUR26668 W6F S.L.C.
prison, the longest sentence imposed under the Na-1
tional Security Law since the Government of the2
People’s Republic of China enacted the legislation in3
2020.4
(2) The continued imprisonment of, denial of5
counsel of choice and of the Catholic sacrament of6
Holy Communion to, and the prolonged nature of7
the prosecution of Jimmy Lai represent a clear vio-8
lation of the rights guaranteed to Hong Kong resi-9
dents under the Joint Declaration and the Basic10
Law, including the rights to a fair trial, freedom of11
expression, freedom of religion, and freedom of the12
press.13
(3) The United States Government has des-14
ignated Jimmy Lai as a priority human rights case.15
The United States, the United Kingdom, Canada,16
Australia, the European Union, and other demo-17
cratic nations have called for the immediate and un-18
conditional release of Lai.19
(4) More than one thousand other individuals20
have been imprisoned in Hong Kong under the Na-21
tional Security Law, the Safeguarding National Se-22
curity Ordinance, and related legislation, including23
media professionals, lawyers, legislators, labor lead-24



8
BUR26668 W6F S.L.C.
ers, faith leaders, social workers, academics, stu-1
dents, and activists. Among such individuals are—2
(A) Chow Hang-tung, a prominent bar-3
rister and pro-democracy activist; Joshua4
Wong, a former student leader and democracy5
advocate;6
(B) Lee Cheuk-yan, a veteran labor leader7
and legislator; and8
(C) Gwyneth Ho, a journalist and democ-9
racy advocate.10
(5) Many of the imprisoned individuals are held11
under restrictive conditions, denied family contact,12
and subjected to prolonged pretrial detention.13
(6) The conditions of detention for political14
prisoners in Hong Kong raise serious concerns re-15
garding physical and mental health. Detainees have16
been held for extended periods in solitary or near-17
solitary confinement, denied adequate medical care,18
subjected to restrictions on family visits and legal19
access, and held in facilities without any effective,20
independent mechanism for oversight or redress.21
(7) The Government of the People’s Republic of22
China and the Government of Hong Kong bear re-23
sponsibility for safeguarding the life and health of24
every individual held in their custody. A death in25



9
BUR26668 W6F S.L.C.
custody resulting from the denial of adequate med-1
ical care, from inhumane conditions of confinement,2
or from other mistreatment, or a death not subject3
to a prompt, independent investigation, would con-4
stitute a grave violation of the right to life under Ar-5
ticle 6 of the International Covenant on Civil and6
Political Rights, done at New York December 19,7
1966, and of internationally recognized standards8
governing the treatment of detainees, including the9
United Nations Standard Minimum Rules for the10
Treatment of Prisoners, adopted in New York De-11
cember 17, 2015 (commonly known as ‘‘the Nelson12
Mandela Rules’’) and the United Nations Body of13
Principles for the Protection of All Persons under14
Any Form of Detention or Imprisonment, adopted in15
New York December 9, 1988.16
(8) The Government of the People’s Republic of17
China—18
(A) has not permitted independent inter-19
national monitoring of detention conditions in20
Hong Kong for political prisoners;21
(B) has disregarded the findings and rec-22
ommendations of United Nations human rights23
mechanisms concerning detained individuals24



10
BUR26668 W6F S.L.C.
and repeated calls for the release of such indi-1
viduals; and2
(C) has systematically denied or delayed3
consular access to foreign nationals in custody,4
including Jimmy Lai, a citizen of the United5
Kingdom entitled to consular access by the6
United Kingdom under the Vienna Convention7
on Consular Relations, done at Vienna April 24,8
1963.9
(9) The Global Magnitsky Human Rights Ac-10
countability Act (22 U.S.C. 10101 et seq.) and the11
Hong Kong Human Rights and Democracy Act of12
2019 (22 U.S.C. 5701 note; Public Law 116–76)13
provide authorities to impose targeted sanctions on14
individuals responsible for human rights abuses in15
Hong Kong. The death of a political prisoner in cus-16
tody should be understood as among the gravest pos-17
sible human rights violations to which these authori-18
ties apply, and Congress affirms that such an event19
demands an immediate and consequential response20
by the United States Government.21
(10) The experience of other authoritarian22
states demonstrates that the failure of democratic23
governments to impose meaningful consequences for24

BUR26668 W6F S.L.C.
the death of political prisoners creates incentives for1
future abuses.2
SEC. 4. STATEMENT OF UNITED STATES POLICY REGARD-3
ING POLITICAL PRISONERS IN HONG KONG.4
It is the policy of the United States that—5
(1) the United States has a direct and substan-6
tial national interest in the welfare and release of all7
individuals detained, imprisoned, or otherwise de-8
prived of liberty in Hong Kong, or by authorities of9
the People’s Republic of China, for the peaceful ex-10
ercise of internationally recognized human rights11
and fundamental freedoms, including rights and12
freedoms protected under the Joint Declaration, the13
Basic Law, and applicable international law, and14
such individuals shall be regarded by the United15
States Government as political prisoners, because16
the detention and treatment of such individuals di-17
rectly implicate—18
(A) the preservation of the rule of law and19
fundamental rights and freedoms in Hong20
Kong;21
(B) the high degree of autonomy promised22
to Hong Kong and the adherence of the Peo-23
ple’s Republic of China to its obligations and24
commitments with respect to Hong Kong;25
12
BUR26668 W6F S.L.C.
(C) the security and interests of United1
States citizens, businesses, and other persons in2
Hong Kong;3
(D) the continued role of Hong Kong as an4
open and reliable international financial, com-5
mercial, and cultural center; and6
(E) the broader interest of the United7
States in upholding respect for internationally8
recognized human rights, international commit-9
ments, and the rule of law in the Indo-Pacific10
region and in relations with the People’s Re-11
public of China;12
(2) in advocating for the immediate and uncon-13
ditional release of all Hong Kong political prisoners,14
including Jimmy Lai Chee-ying, the United States15
should make clear to the Government of the People’s16
Republic of China and the Government of Hong17
Kong that the death in custody of any such Hong18
Kong political prisoner as a result of the actions or19
omissions of detaining authorities would result in20
significant and immediate consequences for relations21
with the United States;22
(3) the United States will hold the Government23
of the People’s Republic of China and the Govern-24
ment of Hong Kong accountable for ensuring the25
13
BUR26668 W6F S.L.C.
health, safety, and humane treatment of all Hong1
Kong political prisoners, including access to ade-2
quate medical care and, in the case of foreign na-3
tionals, timely and meaningful consular access;4
(4) the United States will respond promptly and5
proportionately to the death in custody of any Hong6
Kong political prisoner resulting from the actions or7
omissions of the detaining authorities, including8
through appropriate sanctions, diplomatic measures,9
the use of the voice, vote, and influence of the10
United States at the United Nations and other11
international organizations and multilateral fora,12
and other actions affecting relations with the Gov-13
ernment of the People’s Republic of China and the14
Government of Hong Kong; and15
(5) the United States should coordinate with al-16
lies and partners, including the United Kingdom,17
Canada, Australia, the European Union, and other18
democratic governments, to ensure a timely and co-19
ordinated international response to the death in cus-20
tody of any Hong Kong political prisoner, including21
through parallel sanctions, coordinated diplomatic22
measures, and other collective actions to increase ac-23
countability and deter further abuses.24
14
BUR26668 W6F S.L.C.
SEC. 5. SANCTIONS WITH RESPECT TO THE DEATH OF A1
HONG KONG POLITICAL PRISONER.2
(a) DETERMINATION REQUIRED.—Not later than 303
days after receiving credible information that an individual4
who is a Hong Kong political prisoner has died while in5
the custody of the Government of Hong Kong, or because6
of the actions of authorities while detained by the Govern-7
ment of Hong Kong, the Secretary shall—8
(1) determine whether the death of such indi-9
vidual was the result of—10
(A) the denial of adequate medical care;11
(B) physical abuse, torture, or cruel, inhu-12
man, or degrading treatment;13
(C) conditions of confinement inconsistent14
with international standards, including the Nel-15
son Mandela Rules; or16
(D) any other act or omission by detaining17
authorities that contributed to or caused the18
death; and19
(2) identify each covered foreign person respon-20
sible for, complicit in, or having directed any of the21
actions described in subparagraphs (A) through (D)22
of paragraph (1).23
(b) MANDATORY SANCTIONS.—24
(1) IN GENERAL.—Not later than 60 days after25
making a determination under subsection (a), the26
15
BUR26668 W6F S.L.C.
Secretary shall impose the sanctions described in1
paragraph (2) with respect to each covered foreign2
person identified under subsection (a)(2).3
(2) SANCTIONS DESCRIBED.—The sanctions de-4
scribed in this paragraph are—5
(A) the sanctions authorized in section6
1263(b) of the Global Magnitsky Human7
Rights Accountability Act (subtitle F of title8
XII of Public Law 114–328; 22 U.S.C. 101019
et seq.);10
(B) the sanctions authorized in Hong11
Kong Autonomy Act (Public Law 116–149; 2212
U.S.C. 5701 note); and13
(C) any other sanctions authorized by an14
Act of Congress that the Secretary determines15
appropriate.16
(c) TERMINATION OF SANCTIONS.—The Secretary17
may terminate the application of sanctions under this Act18
with respect to a covered foreign person if the Secretary19
certifies to Congress that—20
(1) the Government of the People’s Republic of21
China or the Government of Hong Kong has con-22
ducted a credible, independent, and transparent in-23
vestigation into the death of the Hong Kong political24
prisoner concerned;25
16
BUR26668 W6F S.L.C.
(2) the persons responsible for the death have1
been prosecuted or otherwise held accountable2
through a process meeting international fair trial3
standards; and4
(3) the family of the Hong Kong political pris-5
oner concerned has received full, impartial informa-6
tion regarding the circumstances of the death and7
appropriate remedies.8
(d) REPORT TO CONGRESS.—9
(1) IN GENERAL.—Not later than 30 days be-10
fore terminating sanctions with respect to a covered11
foreign person under subsection (c), the Secretary12
shall submit to Congress a report that includes—13
(A) an identification of any senior official14
of the Government of the People’s Republic of15
China or the Government of Hong Kong who16
bore command or supervisory responsibility over17
the covered foreign person at the time of the18
death of a Hong Kong political prisoner; and19
(B) a determination of whether such offi-20
cial is subject to sanctions under this section or21
existing authorities.22
(2) FORM.—Each report required by paragraph23
(1) shall be submitted in unclassified form.

BUR26668 W6F S.L.C.
SEC. 6. ADDITIONAL ACTIONS.1
(a) MULTILATERAL ENGAGEMENT.—Upon a deter-2
mination that an individual who is a Hong Kong political3
prisoner has died while in the custody of the Government4
of Hong Kong, the Secretary shall—5
(1) use the voice, vote, and influence of the6
United States at the United Nations and other7
international organizations and multilateral fora—8
(A) to formally request that the United9
Nations High Commissioner for Human Rights10
conduct an independent inquiry into the death11
and the conditions of detention of Hong Kong12
political prisoners; and13
(B) discuss such death at the United Na-14
tions Human Rights Council and, where appro-15
priate, the United Nations Security Council or16
other multi-lateral entities where the United17
States and the People’s Republic of China are18
members; and19
(2) seek to coordinate sanctions with allies in-20
cluding the United Kingdom, Canada, Australia, and21
the European Union.22
(b) VISA RESTRICTIONS ON FAMILY MEMBERS.—23
Notwithstanding any other provision of law, the Secretary24
shall use any authorities available to impose visa restric-25
18
BUR26668 W6F S.L.C.
tions on adult family members of any covered foreign per-1
son sanctioned under section 5(b).2
(c) REPORT ON MEDICAL CARE DENIAL.—Not later3
than 90 days after the date of the enactment of this Act,4
and annually thereafter, the Secretary shall submit to the5
appropriate congressional committees a report on—6
(1) the current health status of Jimmy Lai7
Chee-ying and other Hong Kong political prisoners,8
to the extent such information is available;9
(2) any denial or restriction of medical care,10
legal access, consular access, or family contact for11
such Hong Kong political prisoners; and12
(3) recommendations for additional measures13
the United States Government should take to pro-14
tect the lives and wellbeing of Hong Kong political15
prisoners.16
(d) ACCOUNTABILITY MEASURES.—Not later than 9017
days after the date of the enactment of this Act, the Sec-18
retary shall consider, and as appropriate take or rec-19
ommend to the President, additional steps to address the20
conduct, policies, or practices that contribute to, or facili-21
tate the mistreatment of, political prisoners in Hong22
Kong, including conduct that undermines the independent23
rule of law, facilitates arbitrary detention, or results in24
the denial of adequate medical care or other protections25
19
BUR26668 W6F S.L.C.
necessary to ensure the health and safety of persons in1
custody, including—2
(1) determining whether any current or former3
official of the Government of Hong Kong or the4
Government of the People’s Republic of China, or5
any other foreign person, responsible for or complicit6
in the arbitrary detention, arrest, or prosecution of7
political prisoners in Hong Kong, or other gross vio-8
lations of internationally recognized human rights9
against political prisoners in Hong Kong, meets the10
criteria for the imposition of sanctions under appli-11
cable law;12
(2) taking, or recommending that the President13
take, appropriate action under applicable law with14
respect to any person determined pursuant to para-15
graph (1) to meet the criteria for the imposition of16
sanctions; and17
(3) recommending that the President, pursuant18
to the International Organizations Immunities Act19
(22 U.S.C. 288 et seq.) withdraw, condition, or limit20
the privileges, exemptions, and immunities extended21
to one or more Hong Kong Economic and Trade Of-22
fices operating in the United States, or to any offi-23
cer or employee thereof, to the fullest extent per-24
mitted by law.25
20
BUR26668 W6F S.L.C.
SEC. 7. SENSE OF CONGRESS REGARDING JIMMY LAI CHEE-1
YING.2
It is the sense of Congress that—3
(1) Jimmy Lai Chee-ying should be immediately4
and unconditionally released from detention in Hong5
Kong;6
(2) the Government of the People’s Republic of7
China should immediately grant full and uncondi-8
tional consular access to Jimmy Lai consistent with9
the Vienna Convention on Consular Relations;10
(3) the prosecution of Jimmy Lai under the11
National Security Law represents a direct assault on12
the freedoms of expression and press guaranteed to13
the people of Hong Kong under the Joint Declara-14
tion, and constitutes a particularly severe violation15
of internationally recognized human rights norms;16
and17
(4) the United States Government should treat18
the case of Jimmy Lai as a priority human rights19
matter in all diplomatic engagements with the Gov-20
ernment of the People’s Republic of China and the21
Government of the United Kingdom.