Hearings to examine the nominations of Jason Evans, of Texas, to be an Under Secretary (Management), Thomas Rose, of Florida, to be Ambassador to the Republic of Poland, William White, of New York, to be Ambassador to the Kingdom of Belgium, and Peter Lamelas, of Florida, to be Ambassador to the Argentine Republic, all of the Department of State.

1[Senate Hearing 119-167]2[From the U.S. Government Publishing Office]34                                                        S. Hrg. 119-16756                        THE STATUS OF DEMOCRACY7                  AND HUMAN RIGHTS IN HONG KONG, FIVE8                YEARS AFTER THE PRC'S JUDICIAL TAKEOVER910=======================================================================1112                                HEARING1314                               BEFORE THE1516                        SUBCOMMITTEE ON WESTERN17                    HEMISPHERE, TRANSNATIONAL CRIME,18                  CIVILIAN SECURITY, DEMOCRACY, HUMAN19                   RIGHTS, AND GLOBAL WOMEN'S ISSUES2021                                 OF THE2223                     COMMITTEE ON FOREIGN RELATIONS2425                          UNITED STATES SENATE2627                    ONE HUNDRED NINETEENTH CONGRESS2829                             FIRST SESSION30                               __________3132                             JULY 22, 202533                               __________3435       Printed for the use of the Committee on Foreign Relations3637               [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]3839                  Available via http://www.govinfo.gov4041                                -------4243                   U.S. GOVERNMENT PUBLISHING OFFICE444561-656 PDF                 WASHINGTON : 20264647                 COMMITTEE ON FOREIGN RELATIONS4849                JAMES E. RISCH, Idaho, Chairman50PETE RICKETTS, Nebraska                JEANNE SHAHEEN, New Hampshire51DAVID MCCORMICK, Pennsylvania          CHRISTOPHER A. COONS, Delaware52STEVE DAINES, Montana                  CHRISTOPHER MURPHY, Connecticut53BILL HAGERTY, Tennessee                TIM KAINE, Virginia54JOHN BARRASSO, Wyoming                 JEFF MERKLEY, Oregon55RAND PAUL, Kentucky                    CORY A. BOOKER, New Jersey56TED CRUZ, Texas                        BRIAN SCHATZ, Hawaii57MIKE LEE, Utah                         CHRIS VAN HOLLEN, Maryland58RICK SCOTT, Florida                    TAMMY DUCKWORTH, Illinois59JOHN R. CURTIS, Utah                   JACKY ROSEN, Nevada60JOHN CORNYN, Texas61             Christopher M. Socha, Staff Director62           Naz Durakoglu, Democratic Staff Director63                   John Dutton, Chief Clerk6465        SUBCOMMITTEE ON WESTERN HEMISPHERE, TRANSNATIONAL CRIME,66              CIVILIAN SECURITY, DEMOCRACY, HUMAN RIGHTS,67                   AND GLOBAL WOMEN'S ISSUES6869                 JOHN R. CURTIS, Utah, Chairman70JOHN CORNYN, Texas                     TIM KAINE, Virginia71BILL HAGERTY, Tennessee                JEFF MERKLEY, Oregon72RICK SCOTT, Florida                    JACKY ROSEN, Nevada73TED CRUZ, Texas                        CHRISTOPHER MURPHY, Connecticut7475                              (ii)7677                         C  O  N  T  E  N  T  S7879                               ----------80                                                                   Page8182                               Statements8384Curtis, Hon. John R., U.S. Senator From Utah.....................     18586Kaine, Hon. Tim, U.S. Senator From Virginia......................     28788                               Witnesses8990Enos, Olivia, Senior Fellow, Hudson Institute, Washington, DC....     591    Prepared statement...........................................     79293Richardson, Dr. Sophie, Co-Executive Director, Chinese Human94  Rights Defenders, Washington, DC...............................    1395    Prepared statement...........................................    149697Siu, Joey, Executive Council Member, World Liberty Congress,98  Washington, DC.................................................    1799    Prepared statement...........................................    18100101Gallagher, Caoilfhionn, KC, International Legal Counsel to Jimmy102  Lai, Doughty Street Barristers, London, England................    21103    Prepared statement...........................................    23104105              Additional Material Submitted for the Record106107Chinese propaganda surges as the U.S. defunds Radio Free Asia,108  the Washington Post, June 6, 2025, submitted by Senator Tim109  Kaine..........................................................    43110111CCP cheers RFA Cantonese's demise, Radio Free Asia, July 9, 2025,112  submitted by Senator Tim Kaine.................................    47113114Why a Hong Kong law that is eroding press freedom is also bad for115  business, Committee to Protect Journalists, June 30, 2025,116  submitted by Senator Jeff Merkley..............................    50117118                                 (iii)119120THE STATUS OF DEMOCRACY AND HUMAN RIGHTS IN HONG KONG, FIVE YEARS AFTER121                      THE PRC'S JUDICIAL TAKEOVER122123                              ----------124125                         TUESDAY, JULY 22, 2025126127                           U.S. Senate,128            Subcommittee on Western Hemisphere,129            Transnational Crime, Civilian Security,130                           Democracy, Human Rights,131                         and Global Women's Issues,132                            Committee on Foreign Relations,133                                                    Washington, DC.134    The committee met, pursuant to notice, at 2:40 p.m., in135room SD-419, Dirksen Senate Office Building, Hon. John Curtis,136chairman of the subcommittee, presiding.137    Present: Senators Curtis [presiding], Scott, Kaine,138Merkley, and Shaheen.139140            OPENING STATEMENT OF HON. JOHN CURTIS,141                    U.S. SENATOR FROM UTAH142143    Senator Curtis. The hearing will come to order.144    And as a first note of business, I'd like to note that if145your disruptive proceedings of the committee, you'll be146arrested, and you will be banned for 12 months from this147committee. I don't know who picked 12 months, but that sounds148appropriate.149    Second note, that the full title of this subcommittee is150Western Hemisphere, Transcontinental Crime, Civilian Security,151Democracy, Human Rights, and Global Women's Issues. While the152subcommittee's focus is on the Western Hemisphere, we also have153jurisdiction over global health rights and democracy. And154Ranking Member Kaine and I will be holding some hearings this155Congress on the topic of global human rights and democracies156such as this one.157    Five years ago, the Chinese Communist Party imposed the so158called National Security Law on Hong Kong, an act that marked159the end of one country, two systems, and culminated in the full160scale dismantling of Hong Kong's freedoms, rule of law, and161judicial independence.162    Last year, Hong Kong doubled down on its repression and163enacted the Article 23 law, a sweeping expansion of the164National Security Law that introduces dangerously vague165offenses like external interference and state secrets,166punishable by life in prison.167    This hearing is not just about an anniversary; it's about168the people whose lives have been reshaped by the loss of169liberty and the warning their story sends to the rest of the170world.171    We meet today to reaffirm a bipartisan truth. Human rights172do not end where the reach of the CCP begins. The United States173has a moral obligation to stand firmly with those in Hong Kong,174whose voices have been silenced, whose rights have been175stripped, and whose future has been thrown unto uncertainty by176the Chinese Communist Party.177    In the years since 2020, I've watched as courageous Hong178Kongers have been arrested, exiled, and silenced. Courageous179Hong Kongers like Jimmy Lai, prove the CCP's fears of free180voices. Mr. Lai has spent the last 4 \1/2\ largely in solitary181confinement. Authorities are so threatened by his image, that182the last photo of him taken 2 years ago by an AP photographer183led to that photographer's expulsion from Hong Kong. Since184then, guards have used umbrellas, tarps, and even boarded up185windows to keep the world from seeing him.186    I've watched as judges, once seen as guardians of an187impartial legal system, have become enforcers of Beijing's188repression. Let's be honest, what was once an imperial legal189system is now used as a political tool twisting the law not to190protect rights, but to erase them. That's why I introduced the191Hong Kong Sanctions Act in the House, to push for sanctions on192those in the judicial system responsible for the deterioration193of freedom. As if to prove my point, Hong Kong prosecutors194responded to this bill by pushing a warrant for my arrest in195Hong Kong.196    I'm proud to have joined with Senator Sullivan and my197fellow subcommittee members, Senator Merkley, in reintroducing198this bill in the Senate. And in the face of this, I have a199message for those who believe that threats and arrest warrants200from 8,000 miles away will intimidate us into silence. They201won't. We will not be silenced. The louder the CCP tries to202shut us down, the firmer our resolve becomes to defend freedom203in Hong Kong and anywhere it is under siege.204    Years ago, I spent time in Hong Kong and saw firsthand a205city alive with energy enterprise and freedom. Now instead of a206beacon of liberty, Hong Kong has become a key node in a global207network that assists Russia and other adversaries in evading208sanctions, money laundering, and circumventing export controls.209To crack down on Hong Kong's status as a money launder and210sanctions evasion hub, I've introduced the Stop CCP Money211Laundering Act.212    The struggle for democracy and human rights in Hong Kong is213not over. And this subcommittee will continue to shine a214spotlight on the abuses and advocate for accountability and215action.216    With that, I now recognize the distinguished ranking217member, my honor to serve with you, Senator Kaine, for your218remarks.219220                 STATEMENT OF HON. TIM KAINE,221                  U.S. SENATOR FROM VIRGINIA222223    Senator Kaine. Thank you, Mr. Chairman, and thanks to the224great witnesses and all who are attending.225    As the Chairman mentioned, this subcommittee has one of the226longest titles of any subcommittee in the Senate. It's 15227words. Maybe somebody can beat us. But it is important to note228that while the regional focus of the subcommittee is the229Western Hemisphere, all of the Foreign Relations subcommittees230also have subject matter jurisdictions.231    And it's really, really good that this jurisdiction focuses232on human rights and other really important issues. And the233chair and I have agreed that while the majority of our hearings234will likely be within the hemisphere, we will also do some235global hearings like this one, on important human rights236issues, which are obviously important in the Western Hemisphere237as well.238    As we begin, I'm going to address one topic at the239beginning that ties into the hearing today. It's really240important for me and my constituents in Virginia, because241Virginia is home to many thousands of dedicated public242servants, including those who work at the State Department and243related agencies. The RIFs in recent weeks at State have really244focused on efforts to dismantle the Bureau of Democracy, Human245Rights, and Labor at State.246    I'm not sure our adversaries have vigorous human rights247portfolios where they think about human rights around the world248and try to influence them in a positive direction. And I'm not249sure that their ministries of foreign affairs really focus so250much on these issues as we do. It's been a hallmark of this251committee and of our State Department generally, that this has252been a priority across Administrations of both parties.253    To the State Department employees whose morale is pretty254low now, and those of you who've received RIF notices, I just255want to say I really admire your devotion to public service. I256have visited with you all over the globe. I commend you for257wanting to make the world a safer place and standing up for258human rights values. We can proudly proclaim them even though259we need to be humble always about our own efforts and the need260to do more both at home and abroad. Whether through political261means, judicial redress of grievances, legislative advocacy, or262organizing, please stay engaged.263    And it's directly relevant to our hearing today, I would264like to introduce, Mr. Chair, an article from June 6, 2025, the265Washington Post--``Chinese propaganda surges as the U.S.266defunds Radio Free Asia.'' If I could ask that to be entered267into the record.268    [Editor's note.--The information referred to above can be269found in the ``Additional Material Submitted for the Record''270section at the end of this document.]271    Senator Curtis. Without objection.272    Senator Kaine. The proposed U.S. 2026 fiscal year budget273proposes to take 82 percent of the funding out of our global274media efforts. And we need to fight disinformation in the275information space. We're not only laying people off; we're276hobbling those efforts. I don't think we can safely assume that277we can take the State Department's pro-human rights, pro-278democracy efforts and just subsume them within the regionals279and have the priority be what they need to be.280    I also believe that the rescissions package that we passed281last week will do additional damage to this important priority.282And I do think it's important for the U.S. again, with the283humility about our own imperfections to continue to stand up284for folks around the world who are under the thumb of285authoritarians and dictators, and you can't do that without286people.287    All right, this is a really timely hearing, and we're going288to hear from witnesses about their assessment of where289democratic values and human rights stand in Hong Kong, as the290chair said, 5 years after the enactment of the National291Security Law.292    As you all might know, the PRC imposed this law 5 years ago293on Hong Kong to clamp down on civil society following large294scale protests against the bill, allowing the extradition of295fugitives to mainland China, which many in Hong Kong viewed as296directly in contravention of commitments that the PRC had made297with respect to the status of Hong Kong and those living there.298Some of the drastic impacts of implementation law, including a299chilling effect on activists, political opposition groups,300dissidents, and other civil society stakeholders.301    Let me give a couple of quick examples. Hong Kong national302security police have arrested the father and brother of303activist Anna Kwok for allegedly dealing with her finances.304This is the first use of the city's security law to deal with305the relatives of activists who have had to flee Hong Kong in306fear of retaliation.307    Many activists, including Ms. Joey Siu, who's here today,308have bounties for their capture based on spurious accusations309about their human rights work being driven by collusion with310foreign actors. As if people who live in Hong Kong can't have311their own desire for human rights. Why would human rights have312to be something that could only be ginned up by collusion with313foreign actors, rather than something that lives within the314heart of freedom loving people anywhere in the world?315    Let me very be very clear--Oh, I also wanted to mention316Jimmy Lai, who is still in prison, has been described by317Amnesty International as a prisoner of conscience. Protesting318should not be a crime. Demanding to live in a free and319democratic society should not be a crime. Speaking out against320authoritarianism should not be a crime.321    I look forward to hearing from all of our witnesses today322about their experience being unjustly persecuted for wanting to323live in a democratic society, their assessment of where the324U.S. policy has had success or could have more success, how325Congress can play a role in fostering democracy and respect for326human rights. The shared values of democracy, freedom of327expression, rule of law, should remain at the core of our328foreign policy. I know the chairman of this subcommittee329believes deeply in that, and I do as well.330    Let me turn it back over to the chair to introduce the331witnesses and then get this hearing underway.332    I see the vote still hasn't started, so we may be able to333do a really long hearing before we have to go vote.334    Senator Curtis. Thank you, Senator Kaine. It is really an335honor to do this work with you, and appreciate your reminder336when we first met that the committee's jurisdiction was over337human rights and far broader than just the Western Hemisphere.338    And I jumped into this so quickly, I didn't really have a339chance to welcome our witnesses. I'm sorry I wasn't here to340greet you before. This is a very impressive group of witnesses,341and I'm pleased to have every single one of you here today.342    We're going to start with Olivia Enos, a senior fellow at343the Hudson Institute, where she writes on a wide range of human344rights and national security issues in Asia. She's also an345adjunct professor at Georgetown University and a contributor at346Forbes. She previously worked as Washington's director of the347Committee for Freedom in Hong Kong Foundation and before that,348as a sitting policy analyst for Asian Studies at the Heritage349Foundation, where she wrote about international human rights350issues including human trafficking, transnational crime,351religious freedom, and democratic freedoms among other social352issues in China, North Korea, Burma, and other parts of Asia.353    She received her MA in Asian studies from Georgetown354University, and a BA in government from Patrick Henry College.355    And the time is now yours. We just jumped right over to356assuming you all know how to work the buttons. You each have 5357minutes, so please begin.358359           STATEMENT OF OLIVIA ENOS, SENIOR FELLOW,360               HUDSON INSTITUTE, WASHINGTON, DC361362    Ms. Enos. Chairman Curtis and Ranking Member Kaine and363other members of this subcommittee, thank you so much for364inviting me to testify today.365    Since 2020, freedom in Hong Kong declined precipitously.366The impacts of this decline affect not only the fundamental367human rights of Hong Kongers, but also the national and368economic security of the U.S. and the world.369    Hong Kong was once a bastion of liberty in Asia, but since3702019, the special administrative region has taken just shy of3712,000 political prisoners, including well known figures like372Jimmy Lai, Gwyneth Ho, and Joshua Wong. It has shuttered pro-373democracy press like Apple Daily and Stand News, and engages in374transnational repression through the issuance of bounties on375well known overseas pro-democracy advocates, including U.S.376citizen Joey Siu, who is testifying here today, my former377committee for Freedom in Hong Kong Foundation colleague Francis378Hui, and 17 other Hong Kongers in the U.S., United Kingdom, and379Australia.380    Hong Kong's near overnight transformation is the result of381the passage of the National Security Law, which created four382new political crimes including secession, subversion,383terrorism, and collusion with foreign and external forces. The384NSL was compounded by the passage of Article 23 legislation,385which added an additional five new categories of security386crimes including treason, insurrection, and sedition, theft of387state secrets, and espionage, external interference, and388sabotage activities.389    Hong Kong authorities today act as an extension of the390Chinese Communist Party. This is most evident in the distinct391erosions in the rule of law, which have implications that392extend far beyond the undermining of civil liberties and393freedoms.394    In a groundbreaking CFHK report, Hong Kong advocate and395lawyer Samuel Bickett documented evidence for Hong Kong's396ongoing policies of sanctions evasion on behalf of rogue397actors, including but not limited to Russia, Iran, and North398Korea. Bickett's report goes beyond the headlines that we all399know, that Chief Executive John Lee has openly flouted U.S. and400international law by refusing to enforce sanctions and provides401credible evidence that Hong Kong companies engage in ship to402ship transfers, provide dual use technologies or components,403and establish shell companies to evade sanctions on behalf of404rogue regimes.405    Most notably, Hong Kong contributes substantially toward406Russia's war of aggression against Ukraine. From August to407December 2023 alone, Bickett's report found that Hong Kong408provided over $2 billion in shipments of banned goods to409support Russia. Hong Kong presents among the clearest examples410of what happens when the U.S. does not effectively counter the411CCP's threats to human rights and good governance.412    And America is not immune from the impacts of Hong Kong's413decline. As a direct result of the CCP's undermining of rule of414law, Hong Kong is now a risky place to do business;415transnational repression including on U.S. soil is increasing,416and the rights of Hong Kongers continue to be violated.417    Unfortunately, Hong Kong's decline is happening amid waning418commitments from the U.S. to safeguard and defend human rights.419Reductions in force at the Bureau of Democracy, Human Rights420and Labor at the U.S. Department of State, planned cuts to421nearly all U.S. Government grants supporting human rights and422democracy globally, and the targeting of Radio Free Asia, which423recently shuttered its Cantonese service, hamstring U.S.424ability to advance human rights in Hong Kong and beyond.425    These cuts are being made at precisely the same time that426the CCP is threatening human rights at historic levels. This427will have severe implications for U.S. national security in the428present, and will undercut U.S. efforts to support human rights429abroad for decades to come.430    While it may be true that in the short term it is unlikely431that Hong Kong will revert to its previous freedom loving semi-432autonomous state, it is inaccurate to say that there are no433tools of the U.S.' disposal to hold the CCP and Hong Kong434officials accountable and alleviate the suffering of the Hong435Kong people.436    I ask that my full testimony, which includes more than 20437policy recommendations, be submitted for the record, but I will438highlight seven policy actions now. Congress and the439Administration should first oppose cuts to grants and key440personnel supporting democracy and human rights at the441Department of State. Second, issue targeted sanctions against442individuals and entities responsible for implementing,443enforcing, prosecuting, and ruling on the NSL in Article 23444legislation.445    Third, consider whether certain entities or sets of446transactions in Hong Kong can be designated as primary money447laundering concerns. Fourth, continue appropriations for Radio448Free Asia and press for pre-existing funds to be released so449that they can continue operating and ideally restart at the450very least the Cantonese, Uyghur, and Tibetan services. Five,451press for the release of all political prisoners in Hong Kong452and consider creating an office of political prisoner advocacy453at the U.S. Department of State.454    Six, consider revoking the Hong Kong economic and trade455office's special privileges and immunities, and finally,456continue to provide refugee and asylum safe haven to Hong457Kongers in need. Thank you.458    [The prepared statement of Ms. Enos follows:]459460                 Prepared Statement of Ms. Olivia Enos461462    Since 2020, freedom in Hong Kong has declined precipitously. This463decline has affected not only the fundamental human rights of Hong464Kongers but also the national and economic security of the United465States and the world.466    Hong Kong was once a bastion of liberty in Asia. Since 2019, the467special administrative region has taken nearly 2,000 political468prisoners, \1\ including well-known figures like Jimmy Lai, Gwyneth Ho,469and Joshua Wong. It has shuttered pro-democracy news outlets like Apple470Daily and Stand News. The Hong Kong government also engages in471transnational repression through the issuance of bounties on well-known472pro-democracy advocates who live overseas, including US citizen Joey473Siu (who is testifying today), my former Committee for Freedom in Hong474Kong (CFHK) Foundation colleague Frances Hui, and 17 other Hong Kongers475in the United States, United Kingdom, and Australia. \2\476---------------------------------------------------------------------------477    \1\ ``Hong Kong Political Prisoners,'' Hong Kong Democracy Council,478accessed July 17, 2025, https://www.hkdc.us/hong-kong-political-479prisoners.480    \2\ ``Hong Kong Issued Bounties on Prodemocracy Activists; TikTok481Bans in US and Albania,'' Freedom House, January 2025, https://482freedomhouse.org/report/china-media-bulletin/2025/hong-kong-issued-483bounties-prodemocracy-activists-tiktok-bans-us.484---------------------------------------------------------------------------485    Hong Kong's near-overnight transformation is the result of the486passage of the national security law (NSL) in 2020, which created four487new political crimes--including secession, subversion, terrorism, and488collusion with foreign and external forces. Despite their seemingly489nefarious descriptions, the NSL criminalizes activities most Americans490would consider to be fundamental freedoms, including freedom of491association, freedom of speech, and freedom of the press. The NSL492granted the Chinese Communist Party (CCP) an unfettered ability to493meddle in every aspect of life in Hong Kong, effectively dismantling494the rule of law and judicial system that made Hong Kong an attractive495destination for international business. In short, the NSL substantially496ceded power from Hong Kong to the People's Republic of China (PRC).497    Passage of Article 23 legislation in 2024 compounded the NSL's498effects and further shifted the environment in Hong Kong. \3\ This law499uses a broad definition of national security to tamp down on what it500defines as five new categories of security crimes: espionage and theft501of state secrets, sabotage activities, treason, insurrection and502sedition, and collusion with external forces. \4\ According to Hong503Kong Free Press, the aforementioned are, by and large, new crimes that504expand the list of political crimes the original NSL outlined.505Punishment for these offenses can include decades in prison, and506several crimes involving ``external forces'' are subject to life507imprisonment. \5\ Article 23 will certainly have a chilling effect on508what remains of Hong Kong's freedoms.509---------------------------------------------------------------------------510    \3\ Olivia Enos, ``Hong Kong's New National Security Law Needs a511Robust US Response,'' Hudson Institute, March 20, 2025, https://512www.hudson.org/politics-government/hong-kongs-new-national-security-513law-needs-robust-us-response-olivia-enos.514    \4\ Kanis Leung and Zen Soo, ``What's in Hong Kong's New National515Security Bill?,'' The Diplomat, March 9, 2024, https://thediplomat.com/5162024/03/whats-in-hong-kongs-new-national-security-bill/.517    \5\ Chris Lau, ``Hong Kong Unveils Its Second National Security518Law, Aligning City More Closely with Mainland China,'' CNN, March 8,5192024, https://www.cnn.com/2024/03/08/world/hong-kong-new-national-520security-laws-china-intl-hnk/index.html.521---------------------------------------------------------------------------522    Hong Kong authorities today act as an extension of the CCP. This is523most evident in the erosion of the rule of law in the region, which has524implications that extend far beyond the undermining of civil liberties525and freedoms.526    In a groundbreaking CFHK Foundation report, lawyer Samuel Bickett527documented evidence of Hong Kong helping rogue actors like Russia,528Iran, and North Korea evade sanctions. \6\ Bickett's work goes beyond529what the headlines report--that Chief Executive John Lee has openly530flouted US and international law by refusing to enforce sanctions \7\--531and provides credible evidence that Hong Kong companies engage in ship-532to-ship transfers, provide dual-use technologies and components, and533establish shell companies to assist rogue regimes in evading sanctions.534Most notably, Hong Kong contributes substantial funding toward Russia's535war of aggression against Ukraine. From August to December 2023 alone,536Hong Kong provided over $2 billion in shipments of goods to support537Russia. \8\538---------------------------------------------------------------------------539    \6\ Samuel Bickett, Beneath the Harbor (Committee for Freedom in540Hong Kong Foundation, July 2024), https://thecfhk.org/beneath-the-541harbor/.542    \7\ Tony Cheung, ``Hong Kong Will Not Implement US Sanctions, Says543John Lee Having `Laughed Off' Similar Measures Taken Against Himself,''544South China Morning Post, October 11, 2022, https://www.scmp.com/news/545hong-kong/politics/article/3195592/hong-kong-will-not-implement-us-546sanctions-says-john-lee.547    \8\ Cheung, ``Hong Kong Will Not Implement US Sanctions''; Bickett,548Beneath the Harbor.549---------------------------------------------------------------------------550    Hong Kong presents a clear example of what happens when the United551States does not effectively counter the CCP's threats to human rights552and good governance. And America is not immune to the impacts of Hong553Kong's decline. As a direct result of the CCP's undermining of the rule554of law, Hong Kong is now a risky place to do business; transnational555repression, including on US soil, is increasing; and the rights of Hong556Kongers continue to be violated.557    Unfortunately, Hong Kong's continuing decline is happening amid558waning commitments from the US to safeguard and defend human rights.559Reductions in force at the Bureau of Democracy, Human Rights, and Labor560at the State Department, planned cuts to nearly all US government561grants supporting human rights and democracy globally, and the562targeting of Radio Free Asia (RFA), which recently shuttered its563Cantonese service, hamstring America's ability to advance human rights564in Hong Kong and beyond. These cuts are being made at precisely the565same time that the CCP is threatening human rights at historic levels.566This will have severe implications for US national security in the567present and will undercut US efforts to support human rights abroad for568decades.569    While in the short term Hong Kong is unlikely to revert to its570previous freedom-loving, semi-autonomous state, the US and the571international community still have tools they can use to hold CCP and572Hong Kong officials accountable and to alleviate the suffering of the573Hong Kong people. A decision to accept Hong Kong's fate would result in574a repeat of past US foreign policy failures. In essence, it would575decouple security-driven policy from human rights-based policy when576crafting US strategy toward China. But as recent history has shown,577when Beijing undermines its citizens' rights and freedoms, the whole578world feels the consequences.579    Instead of ignoring the domestic situation in China, Congress and580the administration should find ways to sustain efforts to support and581advance universal human rights through US policy, hold Hong Kong582authorities and the CCP accountable for undermining freedom in Hong583Kong, and support the people of Hong Kong in their quest for freedom.584    I recommend that Congress and the administration take the following585actions:586587    1. Oppose cuts to grants and key staff supporting democracy and588human rights at the State Department. \9\ Planned cuts to US grants589supporting democracy and human rights will have devastating impacts for590US national security. Cuts are occurring as rights-violating591authoritarians--including China, Russia, North Korea, and Iran--are592ramping up their security threats against the US. Authoritarian regimes593rely on human rights violations to maintain their grip on power and594threaten US interests. While the desire for fiscal responsibility is595noble, cuts need to be made strategically and should preserve US596leadership in defending human rights around the globe. However,597currently planned cuts will severely hit some of the most important598human rights organizations countering the malign influence of the CCP.599Bethany Allen at the Australian Strategic Policy Institute covered this600topic in great detail when stop work orders were issued and grants were601temporarily suspended earlier this year, and she warned that many602groups may face extinction if cuts proceed. \10\ Some of the most603important organizations advocating for basic freedoms for Hong Kongers,604Uyghurs, Tibetans, and other persecuted groups in China will diminish605greatly or outright close if current plans proceed. These groups are606often a critical source of information to the US government and civil607society about the CCP. Losing access to these resources when the US is608increasing efforts to counter the CCP is counter-productive and609potentially crippling to US foreign policy. It's fair to ask why these610organizations do not have more diversified funding streams. But to put611it simply, the private sector has too often found funding human rights612programs to be at odds with its financial interests and desire for613market access, particularly in China. \11\ That's where the US has614historically come in. The US is the only country with the technical615skills and capacity, historical involvement, and funding to support616human rights efforts at scale.617---------------------------------------------------------------------------618    \9\ Olivia Enos, ``Secretary Rubio--It's Not Too Late to Prioritize619Human Rights,'' Forbes, June 30, 2025, https://www.forbes.com/sites/620oliviaenos/2025/06/30/secretary-rubio-its-not-too-late-to-prioritize-621human-rights/.622    \10\ Bethany Allen, ``With US Funding Freeze, China Nonprofits Are623Facing Extinction. They Need Emergency Assistance,'' Australian624Strategic Policy Institute, February 6, 2025, https://625www.aspistrategist.org.au/with-us-funding-freeze-china-nonprofits-are-626facing-extinction-they-need-emergency-assistance/.627    \11\ ``Elon Musk: Tesla Criticised after Opening Xinjiang628Showroom,'' BBC, January 3, 2022, https://www.bbc.com/news/business-62959863859.630631    2. Issue targeted sanctions against individuals and entities632responsible for implementing, enforcing, prosecuting, and ruling on the6332020 NSL and Article 23 legislation. \12\ The US government can use634preexisting sanctions authorities under the Hong Kong Human Rights and635Democracy Act, the Hong Kong Autonomy Act, and the Global Magnitsky636Act, among others. Current legislation, the Hong Kong Judicial637Sanctions Act, puts forth a list of nearly 50 Hong Kong judges and638prosecutors ripe for sanctioning. \13\ The Congressional-Executive639Commission on China has also put forth a list of names of individuals640in Hong Kong to be sanctioned, and the commission has actively called641for sanctions in response to Article 23 legislation. \14\ Individuals642responsible for undermining freedom in Hong Kong--and especially those643responsible for the law's creation and implementation--should face644consequences for their actions.645---------------------------------------------------------------------------646    \12\ Olivia Enos, ``The US Must Condemn Hong Kong's New National647Security Law,'' The Hill, April 5, 2024, https://thehill.com/opinion/648international/4577101-the-u-s-must-condemn-hong-kongs-new-national-649security-law/.650    \13\ Olivia Enos, ``New Legislation Holds Hong Kong Judges' and651Prosecutors' Feet to the Fire,'' Forbes, November 6, 2023, https://652www.forbes.com/sites/oliviaenos/2023/11/06/new-legislation-holds-hong-653kong-judges--prosecutors-feet-to-the-fire/.654    \14\ ``Letter to Blinken, Yellen to Sanction Hong Kong Officials655for Human Rights Abuses,'' House Select Committee on the Strategic656Competition Between the United States and the Chinese Communist Party,657July 17, 2024, https://selectcommitteeontheccp.house.gov/media/letters/658letter-blinken-yellen-sanction-hong-kong-officials-human-rights-abuses.659In addition to using sanctions to target those responsible for the NSL660and Article 23 legislation, the US should make full use of preexisting661financial sanctions authorities to target CCP officials responsible for662other human rights violations in China. The Treasury Department should663issue specific tranches of sanctions at key diplomatic moments to664advocate for political prisoner release, in particular. The State665Department should also make full use of its authorities pursuant to666Section 212(a)(3)(C) that place visa restrictions on individuals667responsible for wrongful and abusive or unjust detentions of both668American citizens and foreign nationals.669670    3. Consider whether institutions, accounts, or sets of transactions671in Hong Kong can be designated as primary money laundering concerns672(PMLC). \15\ The US government can use Section 311 of the USA Patriot673Act against specific financial institutions, sets of transactions, or674types of accounts, as opposed to designating an entire jurisdiction as675a PMLC. It is difficult (arguably impossible) to contend that the676entire jurisdiction of Hong Kong qualifies as a PMLC; a broad sweeping677designation should be avoided at this time. However, a PMLC designation678for an institution, set of transactions, or accounts would (1) signal679that the situation in Hong Kong is not business as usual and (2) cause680companies to question whether Hong Kong remains a reputable financial681market. The executive branch could do this itself, but Congress should682pass new legislation that issues a reporting requirement to determine683what institutions in Hong Kong may merit a PMLC designation.684---------------------------------------------------------------------------685    \15\ Olivia Enos, ``A Policy Roadmap to Support the People of Hong686Kong,'' Committee for Freedom in Hong Kong Foundation, January 23,6872023, https://thecfhk.org/wp-content/uploads/2025/02/A-Policy-Roadmap-688to-Support-the-People-of-Hong-Kong.pdf.689690    4. Support continued appropriations for Radio Free Asia and press691for preexisting funds to be released so that RFA can fully operate and692ideally restart Cantonese, Uyghur, and Tibetan services. Radio Free693Asia fills a critical void in US foreign policy. The news service is694both a source of information for policymakers and the American public695about conditions in closed societies like China, as well as a critical696lifeline to people living in those societies. RFA is also a cost-697effective means of preserving the cultures and languages of minority698groups suffering under authoritarian persecution. Since facing the ire699of the Trump administration, RFA's Tibetan and Uyghur services went700dark on May 9, and the Cantonese service followed suit on July 1.701Shortwave radio broadcasting for many of these services stopped even702earlier in April 2025. The Uyghur service was the only source of Uyghur703language broadcasting. Many RFA employees were on employment visas in704the US, and after the abrupt termination of their employment, they may705be sent back to their home countries, where they face likely prison706sentences or even death. Without swift action, the consequences may be707dire. Congress should lean on the administration to defend RFA as a708strategic and fiscally responsible means of gathering information and709supporting freedom in closed societies. RFA had an annual budget of710approximately $60 million, a drop in the bucket of congressional711---------------------------------------------------------------------------712appropriations and the US budget.713714    5. Revoke special privileges and immunities conferred to Hong Kong715Economic and Trade Offices (HKETOs) and any other Hong Kong government-716affiliated bodies operating in the US. \16\ At present, HKETOs in717cities across the US enjoy special treatment akin to diplomatic718privileges and immunities. After the US determined that Hong Kong is no719longer sufficiently autonomous to merit separate treatment under US720law, policymakers should have revoked these privileges and immunities.721\17\ The passage of Article 23 legislation makes the distinction722between Beijing and Hong Kong meaningless, so Hong Kong should no723longer receive separate diplomatic recognition from the PRC. Current724legislation, the Hong Kong Economic and Trade Office Certification Act,725proposes a process whereby the US government would have to determine726whether HKETOs continue to merit special treatment. \18\ A move to727revoke special privileges would diminish the offices' influence and728rightly recognize the role they play in currying favor for Beijing.729---------------------------------------------------------------------------730    \16\ Enos, ``A Policy Roadmap''; Enos, ``The US Must Condemn.''731    \17\ ``Hong Kong Has Lost Autonomy, Pompeo Says, Opening Door to US732Action,'' New York Times, May 27, 2020, https://www.nytimes.com/2020/73305/27/us/politics/china-hong-kong-pompeo-trade.html.734    \18\ Hong Kong Economic and Trade Office (HKETO) Certification Act,735H.R. 2661, 119th Congress (2025), https://www.Congress.gov/bill/119th-736congress/house-bill/2661.737738    6. Create an Office for Political Prisoner Advocacy (OPPA) in the739State Department. Amidst the ongoing reorganization of the State740Department, implementers should look for ways to strengthen US efforts741to free political prisoners. One way to do this is to create an OPPA742that should be tasked with coordinating and managing US efforts to743secure political prisoner release globally. Its priority would be to744advocate for the release of political prisoners relevant to US national745security. Congress should require the office to release an annual746report identifying key political prisoners and what the office, civil747---------------------------------------------------------------------------748society, and Congress have done or can do to secure their release.749750    7. Create and appoint a special envoy for political prisoner751advocacy to lead the OPPA. The special envoy should be Senate confirmed752and of Ambassador rank, and he or she would serve as a liaison between753the executive branch, Congress, and civil society. This would754centralize the processes for securing political prisoner release,755updating families on the status of political prisoners, and756coordinating government and civil society responses to extrajudicial757imprisonment. To streamline the process, the envoy could coordinate758with other key nodes tasked with political prisoner advocacy in the759State Department. These include the Office of the US Special760Coordinator for Tibetan Issues, the Office of International Religious761Freedom, the Bureau of East Asian and Pacific Affairs, and the Bureau762of Democracy, Human Rights, and Labor. Additionally, the special envoy763could work with the Treasury Department and other relevant agencies764(e.g., the National Security Council) to identify individuals who could765be sanctioned for facilitating arbitrary detentions.766767    8. Create a designation of arbitrarily detained for political768prisoners. The US has a robust apparatus for securing hostage release769for individuals the State Department labels wrongfully detained. While770the definition of wrongfully detained can apply to political prisoners,771it usually denotes that someone is a hostage. The department generally772uses the informal term arbitrarily detained to refer to political773prisoners. The special envoy and the OPPA should have the power to774officially label political prisoners as arbitrarily detained, publish a775list of these individuals in its annual report, and exercise776authorities similar to those of the hostage release apparatus to obtain777the freedom of these individuals.778779    9. Strengthen the Tom Lantos Human Rights Commission's Defending780Freedoms Project. \19\ The Defending Freedoms Project is an invaluable781resource for political prisoner adoption. But despite the Lantos782commission's excellent efforts, the process for connecting family783members of political prisoners with Members of Congress remains opaque.784The commission should disseminate more resources on how citizens with785family members or friends who may be eligible for adoption can best786apply to the program to secure high-level advocacy from Members of787Congress.788---------------------------------------------------------------------------789    \19\ Enos, ``A Policy Roadmap.''790791    10. Coordinate efforts to press for the release of all political792prisoners in China, including Hong Kongers. \20\ The special envoy793should standardize a process to coordinate advocacy for the release of794Chinese political prisoners. This should include holding regular795meetings between congressional and executive branch staff to provide796updates about political prisoners' well-being, share steps taken to797secure their release, and make plans for future advocacy. The OPPA798should also require Members of Congress who adopted political prisoners799to submit regular updates to the relevant bureaus and offices at the800State Department. These updates should be included in the newly created801OPPA's annual report on political prisoners.802---------------------------------------------------------------------------803    \20\ Enos, ``A Policy Roadmap.''804805    11. Raise the cases of key political prisoners across China,806including Hong Kongers, at every diplomatic meeting between US807officials and Chinese counterparts. Each meeting between US and Chinese808officials presents an opportunity to press for the release of political809prisoners. US officials' requests should be strong and specific--not810only for information or for proof of life, but also for the prisoners'811release. The US should also be prepared to offer asylum in the US or812coordinate with partner countries to resettle prisoners who desire813---------------------------------------------------------------------------814refuge beyond China's borders.815816    12. Form an international political prisoner advocacy task force817with allies and partners. The task force could identify key diplomatic818opportunities for political prisoner advocacy, help determine whether819the US or another country is best suited to apply pressure, and provide820options for long-term resettlement. Political prisoners with dual821nationalities may wish to be resettled in a certain country for822personal or cultural reasons. Many Hong Kongers, for example, have823British National Overseas status. International cooperation to respect824the wishes of political prisoners and their families could strengthen825the US and its partners' efforts to free political prisoners. Canada,826the United Kingdom, Australia, Japan, South Korea, and Taiwan are all827worthy of consideration for inclusion in this task force.828829    13. Consider priority asylum and refugee processing for certain830groups in China. \21\ The US has few more practical options for831extending relief to communities in need than the US Refugee Admissions832Program (USRAP). Most Hong Kongers in the US are on the Deferred833Enforced Departure (DED) program, which does not confer any immigration834status. DED is a necessary mechanism that provides short-term relief to835Hong Kongers who have recently fled the region, and many who are on DED836subsequently apply for asylum. The US government should determine837whether Hong Kongers, as well as other communities like Uyghurs and838Tibetans, are eligible for priority processing for asylum and refugee839cases. Members of these groups face permanent persecution, and the840lives of former political prisoners who have escaped the country would841be endangered upon return to China. Long wait times expose asylees to842human rights violations and other atrocities. Many Uyghurs have waited843more than 10 years for their asylum hearings in the US, an844unconscionable amount of time to live with uncertainty about one's845future safety. One potential priority processing category for Hong846Kongers is Priority-2 status (P-2). The president or Congress can847decide to extend P-2 status to Hong Kongers (or any other group).848Previous legislative efforts in Congress, like the Hong Kong Safe849Harbor Act, sought to do just that. Extending P-2 to Hong Kongers would850provide them an expedited means of resettlement that rightly recognizes851the permanence of the changes in the city-state and offers them852permanent safe haven within US borders.853---------------------------------------------------------------------------854    \21\ Ur M. Jaddou, letter regarding the situation of Uyghur Asylum855Seekers to Secretary Alejandro Mayorkas, April 15, 2024, https://856www.uscis.gov/sites/default/files/document/foia/UyghurAsylumSeekers-857Massimino.pdf.858859    14. Consider reforming humanitarian parole to offer permanent860pathways for resettlement in the US. Because humanitarian parole is the861most expeditious route for resettling political prisoners, US officials862should strategically use it to provide temporary safe haven to863political prisoners from Hong Kong. But the program's lack of a clear864permanent pathway to resettlement (besides extending asylum) is865problematic. Policymakers should research how and whether humanitarian866parole can be reformed to better protect freed political prisoners from867further persecution. At a minimum, Washington should expand868humanitarian pathways for permanent legal status in the United States869and fund nongovernmental and civil society organizations that provide870---------------------------------------------------------------------------871services for political prisoners.872873    15. Define transnational repression and identify what tools the US874government has to protect and support survivors. Transnational875repression brings the CCP's human rights offenses directly to US soil.876Washington and its allies need to develop a plan to respond, with a877focus on creating readily available legal mechanisms to punish878perpetrators and provide relief for victims. Congress and the executive879branch should work together to define transnational repression. They880should then ensure authorities have the training and legal remit to881address these situations. Officials should be able to gather and share882information, collect and report statistics, provide training and883outreach, and guide survivors to services and support. Means of support884may include psychological and social services as well as immigration885and legal aid.886887    16. Develop a clear, survivor-centered policy response to888transnational repression with allies and partners. The US should work889jointly with friends and allies to raise transnational repression as a890priority issue and develop international norms to address it. An891initial working group could include the United Kingdom, Canada, Japan,892Korea, Australia, and other like-minded nations.893894    17. Broaden multilateral cooperation on Hong Kong. The US should895coordinate with its allies and partners on sanctions, refugee relief,896and political prisoner advocacy. The US and the UK in particular have897several overlapping foreign policy priorities. For example, several898British nationals are currently imprisoned in Hong Kong, and a899partnership between the two governments may help secure their release.900Washington also has information on targets that would help London issue901financial sanctions, and the US can learn from the UK's resettlement of902Hong Kongers. Cooperation with other partners like the European Union,903Japan, and Australia could be equally helpful in helping Hong Kongers904and holding PRC authorities accountable.905906    18. Issue grants to support civil society organizations that907promote information access in Hong Kong. The US should systematically908thwart CCP efforts to undermine access to information in Hong Kong.909During the cold war, similar programs in information-insecure910environments like North Korea, Iran, and the PRC served as literal911lifelines for people seeking information about their governments'912actions and global events. Congress should appropriate funds to issue913grants to groups that are on the cutting edge of applying new and914emerging technology in information-insecure spaces. Washington should915also support organizations using older technology that provide such916places access to information (like the radio programming produced by917RFA in Cantonese). These grant-making authorities should flow from a918broader US government strategy to promote information access in Hong919Kong.920921    19. Convene a dialogue between the US government and tech companies922to discuss best practices for maintaining a free and open internet in923Hong Kong. A government-led working group could lead to better-924coordinated efforts that seek to resist pressure from the CCP to925compromise the safety and security of Hong Kongers. Freedom House926suggests that US tech firms should ``resist state demands that violate927users' rights, including by rebuffing requests for user data or to928remove, block, or otherwise censor content that is protected under929international human rights standards.'' \22\ Freedom House also930encourages companies to be transparent about the requests for data they931receive from the CCP and Hong Kong authorities in order to better932understand the scope and scale of privacy infringements.933---------------------------------------------------------------------------934    \22\ Datt, Angeli. ``The Impact of the National Security Law on935Media and Internet Freedom in Hong Kong.'' Freedom House, October 19,9362021. https://freedomhouse.org/article/impact-national-securitylaw-937media-and-internet-freedom-hong-kong#footnoteref80_cgkbb7p.938939    20. Discourage the Vatican from expanding its provisional agreement940with Beijing. The Vatican and the PRC do not enjoy formal relations.941Instead, a deal inked in 2018 (and renewed in 2020, 2022, and 2024)942reportedly gives the CCP the authority to appoint future bishops while943granting the Vatican veto power over these appointments. While the deal944does not currently cover Hong Kong, reports suggest that Beijing is945seeking to expand its reach to the city-state. To safeguard religious946freedom in Hong Kong, the US government should oppose any expansion of947the deal in the strongest terms and urge the Vatican to repeal the948---------------------------------------------------------------------------949agreement.950951    21. Monitor deteriorations in religious freedom in Hong Kong. The952CCP and Hong Kong authorities are already targeting persons of faith in953Hong Kong. Catholics, Protestants, and other faith groups face distinct954persecution. The US government should continue to monitor trends in955religious persecution, and civil society groups should maintain contact956with persecuted minorities, similar to their relationship with the957underground church in the PRC. For example, Washington should establish958safe and secure channels through which persecuted groups can provide959information on the state of religious persecution in Hong Kong.960961    Senator Curtis. Thank you.962    We'll now turn to Sophie Richardson, who is a longtime963activist and scholar of Chinese politics, human rights, and964foreign policy. From 2006 to 2023, she served as the China965Director of Human Rights Watch, where she oversaw the966organization's research and advocacy.967    She speaks Mandarin, and received her doctorate from the968University of Virginia and her BA from Oberlin College. Her969current research focuses on the global implications of970democracies, weak responses to increasingly repressive Chinese971governments, and is advising several China focused human rights972organizations.973    Dr. Richardson.974975  STATEMENT OF DR. SOPHIE RICHARDSON, CO-EXECUTIVE DIRECTOR,976       CHINESE HUMAN RIGHTS DEFENDERS, WASHINGTON, DC977978    Dr. Richardson. Chairman Curtis, Ranking Member Kaine,979members of the subcommittee, thank you for the opportunity to980join this important and timely discussion about human rights981and democracy in Hong Kong.982    Over the past 5 years, the Chinese government has983accelerated its assault on every aspect of what made Hong Kong984a center for thriving civic life: free media, the rule of law,985professional law enforcement, and opportunities for democratic986participation.987    I'd like to start with our collective acknowledgement that988growing authoritarianism has influenced even who can sit on989this panel. Successive Congresses have expressed their concern990about, and solidarity with Hong Kong human rights and democracy991activists, including those based inside and outside Hong Kong,992by welcoming them to testify. But aggressive global threats993have made such participation a gravely risky proposition.994    My organization, Chinese Human Rights Defenders, has995documented two aspects of Chinese President Xi Jinping's996nationwide assault on human rights, that illustrates997significant rollbacks of rights for Hong Kong people.998    First, between 2019 and 2024, according to available data,999Chinese authorities arbitrarily detained and convicted 1,5451000people, 123 of them in Hong Kong for peacefully exercising or1001advocating for human rights. During this time period, more1002individuals in Hong Kong were convicted of subversion and1003inciting subversion than in mainland China. And the average1004prison sentence in Hong Kong under the 2020 National Security1005Law is more than 5 years.1006    Second, CHRD has documented numerous cases of authorities1007inflicting collective punishment on Hong Kong human rights1008defenders. The harassment by police or administrative actions1009taken against persons in a group or a family in retaliation for1010an act committed by an individual.1011    There's no legal basis or justification for collective1012punishment in Chinese, Hong Kong, or international law. These1013violations are an affront not only to Hong Kong's obligations1014under the international covenant on civil and political rights,1015but they're also an affront to the laws of democracies in which1016many activists now live. Congress has been key in pushing1017forward some of the most important U.S. support for human1018rights in Hong Kong.1019    And with that history in mind, I'd like to offer the1020following recommendations: First, CHRD strongly supports the1021potentially transformative importance of investigating and1022prosecuting Chinese government officials for alleged crimes1023against humanity and genocide targeting Uyghurs. Making the1024prospect of facing justice a tangible reality could make those1025officials reconsider their involvement in widespread and1026systematic abuses.1027    Along these lines, an appropriate and initiative with1028respect to Hong Kong could include an effort that would collect1029evidence of government officials' complicity and serious human1030rights violations. Many civil society groups have assembled1031information that can contribute to such an endeavor.1032    Second, CHRD encourages sanctioning officials implicated in1033human rights abuses in Hong Kong. Democracy should also1034condition at least symbolic interactions with senior leaders1035from Beijing and Hong Kong on the release of wrongfully1036detained human rights defenders, with a particular urgency for1037those who are reportedly unwell in detention such as Albert Ho1038and Jimmy Lai.1039    Recall that we recently observed the eighth anniversary of1040the death in state custody of 2010 Nobel Prize Laureate Liu1041Xiaobo, whom Beijing imprisoned for his pro-democracy calls.1042Democracy should also prioritize its senior levels listing the1043views of Hong Kong human rights and democracy activists in1044policy formulation.1045    CHRD urges Congress to reinstate support for Radio Free1046Asia and Voice of America, and urges Congress to reject the1047OMB's recommendation to eliminate China focused funding for1048democracy and human rights work. To erase this work empowers Xi1049Jinping, disadvantages the U.S., and demoralizes and puts at1050risk many people from and across Hong Kong and China who1051courageously worked for human rights and democracy.1052    In closing, I would like to recall that in May 2017, just a1053few months before Liu Xiaobo's death, two of Hong Kong's pro-1054democracy icons, veteran barrister and legislator Martin Lee1055and student activist Joshua Wong, testified before the1056Congressional Executive Commission on China, which at the time1057was chaired by then Senator Rubio.1058    Senator Rubio stressed the importance of autonomy, free1059speech, and political participation in Hong Kong, noting, ``Our1060hope is to continue to highlight human rights as a key pillar1061of our national security and foreign policy,'' and stressing1062the connection between human rights and economic ties. Lee and1063Wong spoke memorably of their determination to work for human1064rights and democracy in Hong Kong, as a matter of security and1065of values, and come what may for themselves, their families,1066and their allies.1067    The U.S. should honor these aspirations and so many1068people's extraordinary work and sacrifices, and challenge1069Beijing at every opportunity to uphold its obligations under1070international human rights law.1071    Thank you, and I look forward to your questions.1072    [The prepared statement of Dr. Richardson follows:]10731074              Prepared Statement of Dr. Sophie Richardson10751076  human rights in hong kong under beijing's ``national security law''10771078    Chinese Human Rights Defenders (CHRD) has documented deepening1079repression under Chinese President Xi Jinping since he assumed power in1080late 2012, including significantly curtailing the human rights of seven1081million Hong Kong people. Although Beijing's tactics there include an1082attempt to gut Hong Kong's legal protections for human rights, it is1083critical to recall that the International Covenant on Civil and1084Political Rights (ICCPR) still applies in Hong Kong, and that Beijing1085also itself has broad obligations under a number of international human1086rights treaties.1087    Before the June 30, 2020 imposition by Beijing of a draconian1088National Security Law (NSL), Hong Kong's relatively democratic1089politics, independent legal system, and free press helped make it home1090to an extraordinarily vibrant community of activists and civil society1091groups. But the contrast between pre- and post-NSL Hong Kong is1092especially stark: organizations have disbanded in order to avoid1093prosecution, some activists have sought exile in democracies, and many1094pro-democracy activists are serving harsh sentences on baseless1095charges. Those people include Chow Hang-tung, who has been prosecuted1096for her efforts to commemorate the 1989 Tiananmen Massacre, in legal1097proceedings that fall woefully short of fair trial rights. Others1098wrongfully imprisoned include people who have testified before previous1099United States Congresses, including Joshua Wong and Lee Cheuk-Yan.1100Journalist Gwyneth Ho, former Legislative Council member Albert Ho,1101nurse Winnie Yu, and media leader Jimmy Lai have all been targeted for1102having done nothing more than try to defend their--and all Hong Kong1103people's--human rights.1104    According to research by CHRD, Chinese authorities arbitrarily1105detained thousands and convicted 1,545 prisoners of conscience for1106peacefully exercising or advocating for human rights between 2019 and11072024; 123 of them in Hong Kong. Over those 5 years, more individuals in1108Hong Kong were convicted of ``subversion'' and ``inciting subversion''1109than in mainland China according to available data, and the average1110prison sentence in Hong Kong under the 2020 National Security Law is11115.15 years.1112    In addition, CHRD has documented numerous cases of Hong Kong1113authorities targeting human rights defenders for collective1114punishment--the harassment by police or administrative actions taken1115against persons in a group or a family in retaliation for an act1116committed by individuals. There is no legal basis or justification for1117this in Chinese, Hong Kong, or international law. These cases are an1118affront not only to Hong Kong's obligations under the ICCPR, but also1119an affront to the laws of the democracies in which many activists now1120live.1121    Officials in Beijing and Hong Kong have faced few consequences for1122robbing Hong Kong people of their human rights. No Hong Kong police--1123once considered ``Asia's finest''--have been prosecuted for credible1124allegations of violence against peaceful protesters. A handful of1125officials have been sanctioned for their involvement in human rights1126violations, but officials and corporate interests from Hong Kong and1127their counterparts from democracies have, for the most part, carried1128on--literally and figuratively--with business as usual.11291130                               us policy11311132    Following the 1997 handover of Hong Kong sovereignty from the1133United Kingdom to the People's Republic of China--a development in1134which Hong Kong people's right to political participation was1135disregarded--United States policy tried to support the principle of1136``one country, two systems,'' treating Hong Kong as a distinct entity.1137That approach is reflected in the 1992 US-Hong Kong Policy Act.1138    But revising that perception, and the policies that flowed from it,1139did not keep pace with Beijing's--and especially Xi Jinping's and his1140Hong Kong appointees'--clear threats to human rights in Hong Kong. Then1141and now, too many officials from democracies found it convenient to1142express hope that Beijing would uphold its obligations under the Sino-1143British Joint Declaration, rather than grapple with the reality that Xi1144had no intention of doing so. As has been the case with respect to1145human rights in the mainland, successive US administrations have1146continued to believe that pressuring Beijing to curtail its repression1147would incur costs to other interests in the relationship, and so opted1148for a mixture of strong rhetoric, symbolic gestures, and weak1149penalties, even as human rights violations worsened.1150    The options made possible by the 2019 Hong Kong Human Rights and1151Democracy Act helped in two ways: by making clearer to Beijing that1152threats to Hong Kong's autonomy could produce adverse consequences, and1153by paving the way toward the invocation of sanctions. And since the1154imposition of the NSL, the US's response has involved stripping Hong1155Kong of its special trade status, sanctioning some officials and1156entities, and issuing business advisories. It has tentatively offered1157modestly greater protections to people from Hong Kong.1158    But these are minor irritants to Beijing, ones it has largely built1159into its business model, and it continues to expect impunity for its1160human rights violations in Hong Kong, across the mainland, and beyond1161China's borders. If the US wants to bring sufficient pressure to bear1162on Beijing and Hong Kong that might prompt positive changes--such as1163securing human rights defenders' releases or a commitment to repealing1164ICCPR-violating laws--it needs to try new approaches.11651166                            recommendations11671168    The challenge for US policy is to bring to bear pressure on Beijing1169and Hong Kong that might prompt positive change.1170    CHRD has recommended elsewhere the potentially transformative1171importance of investigating and prosecuting Chinese government1172officials for alleged crimes against humanity and genocide targeting1173Uyghurs. Making the prospect of facing justice a tangible reality for1174Chinese government officials could make them reconsider committing1175widespread, systematic abuses. Along these lines, an appropriate1176initiative with respect to Hong Kong could include an effort that would1177collect evidence of HK government officials' complicity in serious1178human rights violations; many civil society groups have assembled1179information that could contribute to such an endeavor.1180    CHRD encourages not only sanctioning officials implicated in human1181rights abuses in Hong Kong, we also suggest explicitly conditioning1182symbolic interactions with senior leaders from Beijing and Hong Kong on1183the release of wrongfully detained human rights defenders, with a1184particular urgency for those who are reportedly unwell in detention. A1185failure to do so normalizes their complicity in human rights1186violations. Recall that we recently observed the eighth anniversary of1187the death in state custody of 2010 Nobel Peace laureate Liu Xiaobo,1188whom Beijing imprisoned for his pro-democracy calls. In parallel,1189democracies should prioritize eliciting the views of Hong Kong human1190rights and democracy activists in policy formulation.1191    CHRD also urges reinstating support for Radio Free Asia and Voice1192of America, critical sources of independent information on Hong Kong,1193and urges rejecting the Office of Management and Budget's1194recommendation to eliminate China-focused funding for democracy and1195human rights work. To erase this work empowers Xi Jinping,1196disadvantages the US, and demoralizes--and puts at risk--many people1197from and across Hong Kong and China who courageously work for human1198rights and democracy.1199    Finally, Congress could consider requiring US companies to conduct1200human rights due diligence to ensure that their activities do not1201create or worsen human rights violations; such assessments are already1202strongly recommended by the United Nation's 2011 Guiding Principles on1203Business and Human Rights. Perhaps because the operating environment in1204other parts of China has become considerably more difficult, US firms1205continue to enjoy the relative ease of Hong Kong, where they often1206enjoy access to the highest levels of government. For example, in1207November 2023, executives from BlackRock, Goldman Sachs, and Morgan1208Stanley, among others, joined senior Hong Kong officials at a summit1209entitled ``Living with Complexity.'' We see little evidence that those1210businesses used that opportunity--or any similar opportunities--to call1211for the releases of people whose work promoting free speech and the1212rule of law underpins the ability to generate profits. It is difficult1213to imagine significant change in Beijing and Hong Kong officials'1214thinking as long as these dynamics remain unchanged.1215    In May 2017, just a few months before Liu Xiaobo's death, two of1216Hong Kong's pro-democracy icons--veteran barrister and legislator1217Martin Lee, and protest organizer Joshua Wong--testified before the1218Congressional-Executive Commission on China, which at the time was1219chaired by then-Senator Rubio. Senator Rubio stressed the importance of1220autonomy, free speech, and political participation in Hong Kong, noting1221``Our hope is to continue to highlight human rights as a key pillar of1222our national security and foreign policy.'' Lee and Wong both spoke of1223their utter determination to work for human rights and democracy in1224Hong Kong, as a matter of security and of values.1225    The US should honor these aspirations, and so many peoples'1226extraordinary work and sacrifices, and challenge Beijing at every1227opportunity to uphold its obligations under international human rights1228law.12291230    Senator Curtis. Thank you, Dr. Richardson.1231    Joey Siu, it's nice to have you with us. Nice to see you1232again.1233    Joey is a spokesperson of Amnesty International Hong Kong1234overseas. She also serves on the executive council of the World1235Liberty Congress, a global coalition of pro-democracy1236advocates. As a student leader, she played a crucial role1237during the 2019 pro-democracy protest in Hong Kong organizing1238both on campus and citywide demonstrations, which is when I1239first met her.1240    In December 2023, the Hong Kong authorities issued an1241international arrest warrant for her, a U.S. citizen, for1242allegedly violating the draconian National Security Law with1243her advocacy, offering a bounty of 1 million Hong Kong dollars.1244I might just note too, just to note the bipartisan nature of1245this, our next two witnesses are here as bipartisan witnesses1246as well.1247    So, Ms. Siu.12481249STATEMENT OF JOEY SIU, EXECUTIVE COUNCIL MEMBER, WORLD LIBERTY1250                    CONGRESS, WASHINGTON, DC12511252    Ms. Siu. Chairman Curtis, Ranking Member Kaine, Senators1253Merkley and Shaheen, and this committee, thank you so much for1254having me.1255    The PRC's implementation of the National Security Law of12562020 severely restricted Hong Kongers' freedoms and rights. And1257with that we saw the erosion of Hong Kong's freedom of1258expression with the forced closure of Apple Daily and other1259media outlets. Journalists and publishers, including Jimmy Lai,1260have been persecuted simply for publishing dissent, resulting1261in an absolute chilling effect where censorship is now the norm1262in Hong Kong.1263    Freedom of assembly has also been eradicated. For 30 years,1264Hong Kong was the only place under PRC rule where June 41265candlelight vigils were allowed. But since 2020, commemorations1266have been banned, and lighting a candle is now a crime in Hong1267Kong. What was once a symbol for remembrance and courage is now1268treated as subversion.1269    And then there is also the destruction of the freedom of1270association. Last month, the League of Social Democrats, Hong1271Kong's last functioning pro-democracy party, was forcibly1272disbanded. And since 5 years ago, almost a hundred labor1273unions, churches, student organizations, and civil society1274groups have been intimidated into silence.1275    And to suffocate the already shrinking and limited1276political space, the Hong Kong authorities further introduced a1277Safeguarding National Security Ordinance, which is also known1278as Article 23, creating new national security offenses and1279increasing penalties for existing ones. It granted the Hong1280Kong government sweeping enforcement powers under the PRC's1281broad and vague national security and state secret grounds.1282    With this subcommittee's focus on Western Hemisphere, I1283want to note that today across all of the Latin America region,1284a region of over 660 million people, there are around 3,3001285political prisoners. And in Hong Kong a tiny little city of1286just 7 million people, the number is currently at 1,940. And I1287think this staggering figure speaks to the scale of the PRC's1288repression and takeover of Hong Kong in the past 5 years.1289    And among these people, I would like to note that there is1290Chow Hang-tung, a human rights lawyer now arbitrarily detained1291for organizing June 4 commemorations and spending her days and1292nights now in solitary confinement. There is also Leung Kwok-1293hung, a former legislator who was persecuted for participating1294in peaceful democratic primary elections.1295    And then there are also young leaders like myself,1296including my friend Owen Chow, a freshly graduated nurse who1297was once the city's brightest rising political star, now1298serving 12 years and 10 months in prison solely for being a1299voice of the Hong Kong people. And unfortunately, all sign1300indicates that there is something darker ahead for Hong Kong.1301    The court system in Hong Kong now seeks total isolation of1302dissidents rather than just arrest and prosecution. Just last1303week, the Hong Kong government tightened the prison rules to1304restrict lawyer and chaplain visits on vague national security1305grounds, cutting these detainees off from legal counsel even1306before conviction. This black box for potential torture and1307inhumane treatment profoundly undermines the presumption of1308innocence and weaponizes incarceration as a psychological1309warfare.1310    I will also like to note that the judiciary in Hong Kong1311right now is also exploited as a vehicle for persecution,1312delivering pre-ordained convictions, with legal definitions1313that are manipulated and expanded endlessly to fit the PRC's1314agenda. Waging illegal warfare decriminalizes not just speech1315and behavior, but also thought.1316    The government's campaign against a so called soft1317resistance inside of Hong Kong is the latest iteration of this1318effort, where a blank piece of paper or a silent gesture are1319all considered national security threats that can land you in1320prison for up to 10 years or for life. And a national security1321apparatus continues to expand beyond the democracy and human1322rights scope. With new economic security mandates leading to1323business surveillance and censorship, cultural correctness1324campaigns, now regulate art, literature, themes, productions,1325and even school curriculum in Hong Kong.1326    And unfortunately, what is more is that the PRC's takeover1327of Hong Kong does not stop at the borders. As the chairman1328mentioned, on December 13, 2023, I woke up to the news that I1329had begun the first, and by far, the only U.S. citizen wanted1330by the Hong Kong authorities for allegedly violating the1331National Security Law by, ``colluding with a foreign country,''1332the United States, my own country, and with a 1 million Hong1333Kong dollar bounty out there for my arrest.1334    This growing transnational oppression against me and the1335overall crackdown of Hong Kong, I think both illustrate the1336PRC's blueprint for its export of authoritarian practices. And1337if we the United States allow it to destroy Hong Kong without1338consequences, it will soon spill over to Taiwan, the Indo-1339Pacific and Latin America. Any United States must respond with1340moral clarity and strategic commitment, by first prioritizing1341human rights as a core U.S. foreign policy principle.1342    Second, to continue to press for the immediate release of1343all Hong Kong's prisoners' of conscience, specifically Chow1344Hang-tung, Jimmy Lai, Leung Kwok-hung and Owen Chow. Third, to1345sustain and increase Federal funding for organizations that1346support Hong Kong's resistance, including but not limited to1347the National Endowment for Democracy, Radio Free Asia among1348others.1349    And last but not least, to guarantee humanitarian1350resettlement pathways for Hong Kongers, because these brave1351voices and people deserve a safe haven to tell stories that1352alarmed the world of the PRC's aggressions.1353    And with that, I want to end with a quote from Owen, my1354dear friend. ``Evil always wrecks more havoc when the forces of1355good have been weakened.'' So let us latch onto the good and1356hold fast.1357    And once again, I want to thank you for your attention on1358this important matter and for being that force of good. Thank1359you.1360    [The prepared statement of Ms. Siu follows:]13611362                   Prepared Statement of Ms. Joey Siu13631364    I became an activist as Hong Kong's historic pro-democracy movement1365began, during which I experienced firsthand the erosion of our rights1366to freedom of expression, assembly, and association. I fought back and1367became a target of the government, forcing me to flee and return to the1368United States (U.S.). My personal story is one that reflects the1369People's Republic of China (PRC)'s systematic dismantling of Hong1370Kong's democracy and human rights.13711372                  the collapse of rights and freedoms13731374    The PRC's implementation of the widely criticized National Security1375Law (NSL) in Hong Kong in 2020 imposed harsh restrictions on1376Hongkongers' exercise of freedoms--ones that the Hong Kong authorities1377were obligated to protect under the city's Basic Law. Over the past 51378years, the world has witnessed the NSL being systematically weaponized1379to suppress dissent, erode civil liberties, and dismantle the city's1380once vibrant civil society.1381    We see the erosion of Hong Kong's freedom of expression. The forced1382closure of Apple Daily and Stand News, once bastions of independent1383journalism, sent shockwaves through the city's media landscape.1384Editors, writers, and publishers, including the 77-year-old Jimmy Lai,1385have been persecuted and jailed under the draconian NSL simply for1386publishing dissent \1\. The chilling effect is absolute: today, self-1387censorship is the norm in Hong Kong.1388---------------------------------------------------------------------------1389    \1\ ``Hong Kong: Prisoner of Conscience Jimmy Lai Must Be Released1390as National Security Trial Resumes.'' Amnesty International, December13916, 2024. https://www.amnesty.org/en/latest/news/2024/11/hong-kong-1392prisoner-of-conscience-jimmy-lai-must-be-released-as-national-security-1393trial-resumes/.1394---------------------------------------------------------------------------1395    Freedom of assembly, too, has been eradicated. For thirty years,1396Hong Kong was the only place under PRC rule where June Fourth1397candlelight vigils in commemoration of victims of the Tiananmen1398Massacre were allowed. Since 2020, the vigils have been banned, and1399lighting a candle is now a criminalized act. What was once a symbol of1400remembrance is now treated as subversion \2\.1401---------------------------------------------------------------------------1402    \2\ ``Hong Kong: Overturning of Chow Hang-Tung Tiananmen Acquittal1403Another Blow to Rule of Law.'' Amnesty International, January 31,14042024.https://www.amnesty.org/en/latest/news/2024/01/hong-kong-1405overturning-of-chow-hang-tung-tiananmen-acquittal-another-blow-to-rule-1406of-law/.1407---------------------------------------------------------------------------1408    And then there's freedom of association, which has collapsed under1409the weight of repression. Last month, the League of Social Democrats,1410the city's last functioning pro-democracy party, was forcibly1411disbanded. Over 90 labor unions, churches, student organizations, and1412community associations have been dissolved or intimidated into silence1413\3\. What remains is a city where forming a group, voicing a view, or1414holding a sign can land you in prison for up to 10 years or even for1415life.1416---------------------------------------------------------------------------1417    \3\ Lai, Eric Yan-ho, Olivia Chow, and Thomas E. Kellogg. Rep.1418Anatomy of a Crackdown: The Hong Kong National Security Law and1419Restrictions on Civil Society. Washington, DC: Georgetown University1420Center for Asian Law, 2024.1421---------------------------------------------------------------------------1422    To further diminish the already-limited political space, the Hong1423Kong Legislative Council passed the Safeguarding National Security1424Ordinance (SNSO or Article 23) in March 2024, creating new national1425security offenses and increasing penalties for existing charges. It1426granted the Hong Kong government sweeping enforcement powers under the1427PRC's broad and vague definitions of ``national security'' and ``state1428secrets,'' which encompass almost any conduct or information \4\.1429---------------------------------------------------------------------------1430    \4\ "The State of the World's Human Rights: April 2025." Amnesty1431International, April 28, 2025.https://www.amnesty.org/en/documents/1432pol10/8515/2025/en/.1433---------------------------------------------------------------------------1434    Following the adoption of the SNSO, at least 15 people were1435arrested under its sedition provisions, with four subsequently charged.1436In September 2024, three were convicted and sentenced to prison terms1437of between 10 and 14 months in separate trials for wearing a T-shirt1438and a mask printed with pro-democracy slogans; expressing anti-1439government political comments on social media platforms; and writing1440protest slogans on bus seats.14411442                   a city of prisoners of conscience14431444    Today, across all of Latin America, a region of over 660 million1445people, there are around 3,300 prisoners of conscience. In Hong Kong, a1446city of just seven million, there are 1,940 \5\. With over 300 people1447arrested under the draconian NSL \6\.1448---------------------------------------------------------------------------1449    \5\ ``Hong Kong Political Prisoners.'' HKDC, June 11, 2025. https:/1450/www.hkdc.us/hong-kong-political-prisoners.1451    \6\ ``Hong Kong: Human Rights Update as of July 2024.'' Amnesty1452International, July 25, 2024.https://www.amnesty.org/en/documents/1453asa17/8362/2024/en/.1454---------------------------------------------------------------------------1455    This staggering figure speaks to the scale of the PRC's repression.1456    Among them are the ``Hong Kong 47,'' the city's most prominent pro-1457democracy figures, convicted of ``conspiring to subvert state power''1458under the NSL, simply for participating in a peaceful primary election,1459marking the largest trial of its kind in the city's history.1460    Amnesty continues to campaign for those unjustly detained in Hong1461Kong, including:14621463     Chow Hang-tung (Human Rights Lawyer)--arbitrarily detained1464and has been spending her days and nights in solitary confinement.14651466     Jimmy Lai (Apple Daily Founder)--arbitrarily detained for1467over 1,700 days, and currently undergoing a politically charged trial1468without a jury.14691470     Leung Kwok-hung (Long Hair) (Former Lawmaker & Social1471Activist)--persecuted for taking part in peaceful protests and1472participating in the democratic primaries.14731474     Owen Chow (Nurse & Youth Activist)--a freshly graduated1475nurse who was once seen as one of the city's brightest rising stars, is1476now serving a 12-year and 10-month prison sentence solely for1477peacefully exercising his freedoms of expression and assembly.14781479    This mass imprisonment of any Hongkonger who dared to disobey the1480PRC is not a side effect of their authoritarian practices but their1481core strategy to silence the voices of Hong Kong.1482    The system is no longer content with arrest and prosecution. It now1483seeks total isolation. Just last week, the Hong Kong government1484tightened its prison rules, allowing authorities to bar lawyer and1485chaplain visits on vague grounds related to national security \7\.1486Detainees can be cut off from their families, legal counsel, and the1487outside world, often before they are even convicted. This is an1488apparent attempt to isolate detained dissidents from external access1489and support, creating another black box for potential torture and1490inhumane treatment. These policies invert the presumption of innocence1491and weaponize incarceration as a tool of psychological warfare.1492---------------------------------------------------------------------------1493    \7\ Leung, Kanis. ``Hong Kong's New Prison Rules May Curb Lawyer1494and Chaplain Visits on National Security Grounds.'' AP News, July 19,14952025.https://apnews.com/article/hong-kong-prison-rules-national-1496security-political-activism-ef9513d1c54425dd4dec7de3b6ef9b84.1497---------------------------------------------------------------------------1498                             future trends14991500    Unfortunately, all signs indicate something even darker--the PRC's1501complete erasure of democracy and human rights.1502    There are no more opposition parties. No independent unions. No1503credible dissent. We are seeing the judiciary--once a source of1504integrity in Hong Kong--weaponized and now serving as a vehicle for1505persecution. Courts hand down preordained convictions. Legal1506definitions extend endlessly to accommodate the state's whims, and1507ambiguous legal tools are expanded to serve the purpose of ``lawfare''1508\8\ A legal warfare to criminalize ordinary speech, thought, and1509behavior. The campaign against so-called ``soft resistance'' is the1510latest iteration of this effort. A blank piece of paper, a silent1511gesture, and a shared memory are all treated as threats to national1512security in today's Hong Kong.1513---------------------------------------------------------------------------1514    \8\ Lai, Eric. ``National Security Law Five Years on: Unpacking1515Five Major Trends in Governance.'' [Chinese characters] Green Bean1516Media, July 1, 2025. https://greenbean.media/national-security-law-1517five-years-on-unpacking-five-major-trends-in-governance/.1518---------------------------------------------------------------------------1519    The national security apparatus continues to expand in scope. Under1520new economic security mandates, businesses are being surveilled and1521censored. Cultural correctness campaigns now regulate art, literature,1522and even school curricula. Most troubling of all, Article 231523criminalizes ``theft of state secrets,'' a term so vague it effectively1524bans investigative journalism and obstructs access to public1525information.1526    The trajectory is clear. The PRC does not merely want to control1527Hong Kong; it wants to rewrite its identity, erase its memory, and1528replace it with engineered obedience.15291530         prc's transnational repression and illiberal influence15311532    The PRC's takeover of Hong Kong does not stop at its borders.1533    On December 13, 2023, I woke up to the news that I had become the1534first and, by far, only U.S. citizen wanted by the Hong Kong1535authorities for allegedly violating the NSL by ``colluding with a1536foreign country or with external elements to endanger national1537security,'' with a one-million-Hong Kong-dollar bounty for my arrest1538\9\. The bounty led to countless threats against my life. This includes1539a concerning number of suspicious emails I received in January offering1540life insurance for ``accidental events'' and funeral and burial1541coverage in the event of my death.1542---------------------------------------------------------------------------1543    \9\ ``Wanted Persons and Reward Notices of National Security1544Cases.'' Hong Kong Police Force, 2023. https://www.police.gov.hk/1545ppp_en/06_appeals_public/nsc/detail.html?id=20230011.1546---------------------------------------------------------------------------1547    Unfortunately, my case is the tip of the iceberg.1548    In the past 5 years, the Chinese and Hong Kong governments have1549been acting in lockstep to escalate transnational repression in both1550scope and sophistication against Hongkongers worldwide under1551extraterritorial clauses of the NSL and SNSO, including here in the1552U.S.1553    The PRC's assault on Hong Kong is not just a Hong Kong issue. Their1554takeover of Hong Kong is a reflection of their blueprint for the global1555export of authoritarian practices. What we see in Hong Kong is being1556mirrored in Taiwan, across the Indo-Pacific, and increasingly in Latin1557America.15581559                         policy recommendations15601561    The U.S. must respond with moral clarity and strategic commitment:15621563    1. Prioritize human rights as a core principle of U.S. foreign1564policy.15651566    2. Press for the Hong Kong government to immediately drop all1567criminal charges against and release prisoners of conscience who have1568been detained or imprisoned simply for exercising their right to1569freedom of expression or other human rights, specifically Chow Hang-1570tung, Jimmy Lai, Leung Kwok-hung, and Owen Chow.15711572    3. Sustain and increase Federal funding for organizations that1573support Hong Kong's resistance against the PRC's erosion, including the1574National Endowment for Democracy, Radio Free Asia, Voice of America,1575among others.15761577    4. Guarantee humanitarian resettlement pathways for politically1578exposed Hongkongers. No one should be forced to choose between exile1579and imprisonment, silence and statelessness.15801581    5. Enforce human rights due diligence against U.S. companies1582trading with the Hong Kong and PRC governments.15831584    What's at stake is not just Hong Kong's future but the future of1585global democracy. If the U.S. allows the PRC's authoritarian practices1586to continue to metastasize in Hong Kong without consequence, it will1587spill over to other parts of the world.1588    I will end with a quote from my dear friend Owen, ``Evil always1589wreaks more havoc when the forces of good have been weakened, so let us1590latch onto the good and hold fast.''15911592    Senator Curtis. Thank you, Ms. Siu. I'm not sure how to1593take it, that my arrest warrant came with no bounty and yours1594was a million dollars. I think that tells us a little bit about1595your work.1596    [Laughter.]1597    Senator Curtis. Finally, Caoilfhionn Gallagher KC is an1598international human rights lawyer. Over the past 25 years, she1599has acted in many leading human rights cases in the UK, Europe,1600and internationally. Her caseload includes leading the1601international legal terms for Jimmy Lai, the publisher and pro-1602democracy campaigner unjustly imprisoned in Hong Kong.1603    Alongside her practice as a barrister, she is a1604commissioner of the Irish Human Rights and Equality Commission,1605Ireland special reporter on child protection, a board member of1606the Committee to Protect Journalists, a fellow of the Royal1607Society of Arts, and an adjunct full professor at University1608College Dublin. In 2023, she was awarded the President of1609Ireland's Distinguished Service Award in recognition of her1610work.1611    We're glad to have you with us today, and you now have 51612minutes.16131614  STATEMENT OF CAOILFHIONN GALLAGHER KC, INTERNATIONAL LEGAL1615   COUNSEL TO JIMMY LAI, DOUGHTY STREET BARRISTERS, LONDON,1616                            ENGLAND16171618    Ms. Gallagher. Thank you, Chairman Curtis, and Ranking1619Member Kaine, and members of the subcommittee, for inviting me1620to give testimony today about this important topic: The status1621of democracy and human rights in Hong Kong.1622    And that topic and the fate of one man are inextricably1623linked, and my client Jimmy Lai, about whom you've heard from1624the other witnesses. Jimmy Lai's case is emblematic of the1625crackdown on human rights, media freedom, and democracy in Hong1626Kong that we've seen in the past half-decade.1627    Now, as you've heard, Hong Kong was until relatively1628recently a beacon in the region, a bastion of the free press, a1629place for the flourishing civil society, adherence to1630international standards, the rule of law was intact. Businesses1631and foreign investment benefited from this stable and certain1632environment.1633    But Hong Kong's descent into a very different place has1634been precipitous. It has plummeted down the press freedom1635rankings, for example, it's tumbled from 18th in the world a1636decade ago to now languishing at the bottom of the league table1637in the red zone, 140 out of 180 countries in the world. It's1638nestled in the table most recently with Kazakhstan and Rwanda,1639beaten by Guatemala and Congo.1640    Now, in these brief opening remarks, I wish to address1641three topics. First, a very brief overview on Jimmy Lai and1642what he stands for, with the man being emblematic of Hong1643Kong's freedoms, which we've seen lost. Second, a brief1644overview of what's happened to him in the past 5 years,1645emblematic of Hong Kong's deterioration. And then third and1646critically, what must be done.1647    So, first of all, very briefly, and there's more detail in1648my written testimony, Jimmy Lai is a remarkable man--brave,1649brilliant, dogged, forged in fires as his deputy and right hand1650man, Mark Simon, who sits here today, often says. He came as a1651child refugee to Hong Kong, aged only 12, stowing away on a1652boat, and he became one of the most successful businessmen in1653the region.1654    But since the 1989 Tiananmen Square protests and massacre,1655he's been a leading figure in the Hong Kong pro-democracy1656movement, and he used his wealth for good. He's a well known1657and high profile advocate for democracy and peaceful assembly,1658a fearless critic of the government and authorities of the PRC.1659Apple Daily quickly became one of Hong Kong's most popular1660newspapers. And it was the largest independent Chinese language1661media outlet in the region until its forced closure in June16622021.1663    And for Mr. Lai, access to free and independent information1664gives people choice, and choice is freedom. And through his1665fearlessly independent journalism and his peaceful pro-1666democracy activism, he became a figurehead in the Hong Kong1667pro-democracy movement, a courageous critic of human rights1668violations perpetrated by the authorities. And to use his own1669words, he said this, ``I think it is my duty to do whatever I1670can to fight for freedom and keep the rule of law here.''1671    And second, the lawsuits he's faced since 2020. Again, more1672detail in my written testimony. Mr. Lai has over the years trod1673on powerful toes, and the authorities have long hated him for1674it and targeted him for it in multiple ways, including1675financially with his business and his home being firebombed,1676him being targeted in multiple ways to try to silence him. But1677in the past 5 years, the most powerful tool of all has been1678used effectively against him. And that's the law.1679    And what we've seen is a series, a barrage, of spurious1680lawsuits and prosecutions against him, all designed to do one1681thing, to silence him and to have a chilling effect on any1682others who might dare to speak truth to power. And since his1683arrest in August 2020 under the draconian National Security1684Law, he has served four sentences of imprisonment. He's1685currently serving a fifth.1686    The United Nations Working Group in arbitrary detention has1687found that he shouldn't have served a single day in prison.1688That every single one of those sentences and every single one1689of those prosecutions involve multiple violations of his fair1690trial and due process rights. And they found that his detention1691is arbitrary. He's now on trial for alleged sedition and1692conspiracy to collude with foreign forces. A vaguely defined1693offense under the NSL that allows for its arbitrary application1694to legitimate acts of free speech. And if convicted, he faces1695life imprisonment, which in reality, given his age means a1696death sentence.1697    He's currently facing trial for sedition, which is1698essentially conspiracy to commit journalism. And under the1699National Security Law for collusion with foreign forces. and1700U.S. Government and U.S. lawmakers are at the heart of the1701allegations against him. Meeting with Senators, meeting with1702members of the U.S. Government, is presented as being criminal.1703    But most urgently of all are the humanitarian issues. Time1704is frankly running out for Mr. Lai. The conditions of his1705detention, his age, and his health, make this case1706exceptionally urgent. He will turn 78 later this year. He has1707now spent almost half a decade in solitary confinement, when1708international law makes clear that anything over 14 days is1709problematic. He's denied natural sunlight. He's incarcerated in1710a tiny, airless cell for over 23 hours per day. And put1711frankly, this in itself poses a threat to his life, as does the1712long sentence he will face if as is inevitable, he's convicted1713under the National Security Law.1714    And just finally, multiple governments, including the U.S.1715Government and the UK government, multiple parliaments and1716international bodies have now called for Jimmy Lai's immediate1717and unconditional release. And we welcome that. The1718international consensus is clear on what should happen. He1719should be released. The key question now is how to ensure it1720does happen before it's too late.1721    We've seen with U.S. leadership, political will and1722creativity and joint working with partners resulting in1723remarkable releases in recent months, including on Friday from1724Venezuela, and that remarkable deal last August involving the1725Russian releases. We now need political will and creativity and1726working with partners in order to ensure that we don't see this1727man die behind bars for being a journalist and for standing up1728for values the U.S. holds dear.1729    Thank you.1730    [The prepared statement of Ms. Gallagher follows:]17311732           Prepared Statement of Ms. Caoilfhionn Gallagher KC17331734                              introduction17351736    1. My name is Caoilfhionn Gallagher KC. I am a barrister (King's1737Counsel) and international lawyer, specialising in human rights and1738media law. My clients are based around the world: I regularly act for1739individuals targeted by, or imprisoned in, a range of countries,1740including the People's Republic of China (``PRC''), the Islamic1741Republic of Iran, the Kingdom of Saudi Arabia, Egypt, and Russia. Many1742of my clients are journalists, human rights defenders, peaceful1743protestors, lawyers and other individuals who have been targeted by1744state or non-state actors and subject to other forms of reprisal,1745including arbitrary detention and threats to their life, because of1746they seek to vindicate their internationally protected rights or the1747rights of others, or to expose the unlawful conduct of individuals,1748government, and/or corporations. Many of my clients are businesspeople,1749targeted by authoritarian regimes in order to wrongly appropriate their1750assets or seize their businesses.1751    2. I am an expert in both arbitrary detention and accountability1752for crimes against journalists. My caseload includes leading the1753international legal teams for renowned pro-democracy activist and1754publisher Jimmy Lai, imprisoned in Hong Kong; for the bereaved family1755of journalist Daphne Caruana Galizia, assassinated in Malta; for over1756150 BBC News Persian and hundreds of Iran International journalists,1757subjected to transnational repression by Iran; and for Maria Ressa, the1758Nobel Peace Prize winning journalist (and US citizen) targeted for her1759work in the Philippines. I was appointed an expert by the Inter-1760American Court of Human Rights on the safety of female journalists1761(Jineth Bedoya Lima v. Colombia) and I have given expert testimony to1762Parliamentary inquiries and committees in the USA, Council of Europe,1763United Kingdom, Canada, Australia and the European Union.1764    3. I would like to thank the Senate Foreign Relations Committee's1765sub-committee for inviting me to give testimony today about the status1766of democracy and human rights in Hong Kong, five years after the PRC's1767judicial takeover. That topic and the fate of one man are inextricably1768linked: Jimmy Lai. Mr Lai is a journalist, a publisher, a businessman1769and a prisoner of conscience. For his public interest journalism, his1770defence of press freedom and democratic values and his courage in1771speaking truth to power, Jimmy Lai has been imprisoned in solitary1772confinement in Hong Kong since December 2020, has faced a barrage of1773spurious prosecutions, and is currently being subjected to a long,1774unfair trial on charges of sedition and alleged violation of the1775draconian Law of the People's Republic of China on Safeguarding1776National Security in the Hong Kong and Special Administrative Region1777(``NSL''). His case is emblematic of the crackdown on human rights,1778media freedom and democracy in Hong Kong.17791780              jimmy lai and apple daily: brief background17811782    4. Since the 1989 Tiananmen Square protests and massacre, Mr Lai1783has been a leading figure in the Hong Kong pro-democracy movement. He1784is a well-known and high-profile advocate for democracy and peaceful1785assembly, and fearless critic of the government and authorities of the1786PRC. His response to the Tiananmen Square events was to found Apple1787Daily, which quickly became one of Hong Kong's most popular newspapers.1788It was the largest independent Chinese language media outlet in the1789region until its forced closure in June 2021. For Mr Lai, access to1790free and independent information gives people choice, and choice is1791freedom. Through his fearlessly independent journalism and his peaceful1792pro-democracy activism, Jimmy Lai became a figurehead in the Hong Kong1793pro-democracy movement and a courageous critic of human rights1794violations perpetrated by the authorities. In his words, ``I think it1795is my duty to do whatever I can to fight for freedom and keep the rule1796of law here''.1797    5. Under his leadership, Apple Daily was an ally to the pro-1798democracy movement, including in its support for the `Umbrella1799Movement' that swept Hong Kong in 2014. As activists ceased their1800protests in 2015, the front-page editorial of Apple Daily1801proclaimed,``We will put away our umbrellas so that one day we can1802reopen them again.''1803    6. Following the pro-democracy protests of 2019 and 2020, police1804repeatedly raided Apple Daily, confiscating documents, arresting senior1805staff and freezing the newspaper's assets. Marched from the newsroom in1806handcuffs in August 2020, Jimmy Lai was among the first to be arrested1807under the controversial, authoritarian NSL. Victoria Tin-bor Hui, a1808professor of political science at University of Notre Dame has said,1809``It would not be an overstatement to say that the national security1810law was made for Jimmy.''1811    7. Apple Daily itself was forced to close following the freezing of1812its assets under the controversial and draconian NSL.1813    8. Due to his work and his pro-democracy campaigning, Mr Lai has1814faced a barrage of spurious prosecutions. He was arrested under the NSL1815in August 2020 and has been arbitrarily detained in a maximum-security1816prison and in solitary confinement for over 4 and a half years, since1817December 2020. He has served four sentences of imprisonment already and1818is currently serving a fifth in circumstances where the U.N. Working1819Group on Arbitrary Detention (``WGAD'') has found that the actions1820against Mr Lai are ``intended to prevent him from exercising his right1821to freedom of expression'', \1\ and he has faced multiple violations of1822his fair trial and due process rights such as to render his1823imprisonment on all previous cases arbitrary. \2\ He is now on trial1824for alleged sedition and ``conspiracy to collude with foreign forces'',1825a vaguely defined offence under the NSL that allows for its arbitrary1826application to legitimate acts of free speech. \3\ If convicted, Mr Lai1827faces life imprisonment--which in reality, given his age, means a death1828sentence. Given the near-100 percent conviction rate under the NSL, and1829Mr Lai's profile, we expect the worst.1830---------------------------------------------------------------------------1831    \1\ WGAD Opinion no. 34/2024 concerning Mr Jimmy Lai Chee-ying1832(Hong Kong/China), 26th September 2024, Sec. 100.1833    \2\ Ibid, Sec. Sec. 107 and 112.1834    \3\ Ibid, Sec. Sec. 103-105.1835---------------------------------------------------------------------------1836    9. Mr Lai's sedition and NSL trial began on 18th December 2023,1837after much delay. Originally slated to last 80 days, his trial is still1838ongoing and has been subject to further lengthy and unreasonable delay.1839There was a lengthy adjournment to the trial in 2024, resulting in a 6-1840month hiatus in evidence being heard. The trial resumed on 18th1841November 2024 when Mr Lai took the stand. Mr Lai gave his testimony for184252 days, including a lengthy period under cross-examination, until 6th1843March 2025. The trial has been adjourned again until 14th August 2025,1844when the prosecution is expected to present its closing argument. The1845prosecution case makes abundantly clear, as found by the WGAD, \4\ that1846Mr Lai is being accused of engaging in legitimate political debate and1847discussion with politicians and in his newspaper, Apple Daily, of1848raising human rights concerns, and of calling for accountability for1849human rights violations in Hong Kong. The US Government and US1850lawmakers are front and centre of the Prosecution's case: engaging with1851US politicians and officials to discuss human rights concerns and the1852destruction of the rule of law in Hong Kong is presented as criminal1853conduct--``collusion with foreign forces.''1854---------------------------------------------------------------------------1855    \4\ Ibid, Sec. 115.1856---------------------------------------------------------------------------1857    10. In addition to the serious issues raised by Mr Lai's case that1858are directly relevant to his ongoing imprisonment in violation of his1859rights and the suppression of rights and freedoms in Hong Kong, this1860case also raises issues that are directly relevant to the security and1861safety of individuals outside Hong Kong, including in the US, the UK,1862Australia, Canada and EU Member States, and persons traveling1863internationally. The Hong Kong authorities have responded to those1864advocating on Mr Lai's behalf, including me and my team of1865international lawyers, and his son, Sebastien, with acts of1866intimidation and threats of prosecution, as highlighted in the1867Secretary General's Annual Reports on Reprisals, 2023 and 2024. \5\1868This response is emblematic of the increasing attempt by China to1869intimidate and threaten lawyers, \6\ pro-democracy activists,1870parliamentarians, and others advocating on Mr Lai's and others' behalf1871and for the Chinese and Hong Kong authorities to be held accountable1872for serious human rights violations committed by them.1873---------------------------------------------------------------------------1874    \5\ As highlighted by the U.N. Secretary General's Annual Reports1875on Reprisals, 2023 (A/HRC/54/61) and 2024 (A/HRC/57/60).1876    \6\ See for example, Fiona Hamilton, `Jimmy Lai lawyers face1877threats from China for defending Hong Kong mogul', The Times, 30th1878September 2023; https://www.theguardian.com/world/2025/feb/15/uk-based-1879lawyers-for-hong-kong-activist-jimmy-lai-targeted-by-chinese-state, The1880Guardian, 15th February 2025.1881---------------------------------------------------------------------------1882    11. The destruction of fundamental rights and freedoms in Hong Kong1883under the guise of protecting national security was further entrenched1884on 19th March 2024 by the adoption of the Safeguarding Nationals1885Security Bill, legislation enacted pursuant to Article 23 of the Basic1886Law (``Article 23 legislation''). The adoption of the legislation, that1887includes vaguely defined provisions regarding ``sedition'', ``state1888secrets'', and ``collusion with an external force'' \7\, prompted a1889chorus of criticism from states, including the US with respect to its1890``far reaching implications'' for the rule of law and the protection of1891rights of freedoms of all people living and working there. The U.N.1892High Commissioner for Human Rights, \8\ the US, \9\ the European Union,1893\10\ and Canada \11\ have all raised grave concerns about potential for1894enforcement overreach, the failure of the new law to safeguard human1895rights and freedoms enshrined in the Basic Law, and the fundamental1896conflict between respect for the rule of law on the one hand and the1897implementation of the Chinese security apparatus on the other.1898---------------------------------------------------------------------------1899    \7\ Pursuant to paragraph 6 of the legislation, for the purposes of1900the legislation, ``external force'' means a government of a foreign1901country; the authority of an external place, a political party in an1902external place; any other organisation in an external place that1903pursues political ends; an international organisation; a related entity1904of a government, political party or organisation; a related individual1905of a government, authority, political party, organisation or entity.1906    \8\ OHCHR, Press Release, `Rushed adoption of national security1907bill a regressive step for human rights in Hong Kong--U.N. Human Rights1908Chief', 19th March 2024.1909    \9\ See, for example, US Department of State, Press Statement,1910`Hong Kong's New National Security Law', 22nd March 2024.1911    \10\ Council of the European Union, Press Release, `Hong Kong:1912Statement by the High Representative on behalf of the European Union on1913the adoption of new national security legislation', 19th March 2024.1914    \11\ Foreign, Commonwealth and Development Office, Press release,1915`Hong Kong national security legislation: UK statement', 19th March19162024.1917---------------------------------------------------------------------------1918                          inhumane conditions19191920    12. The conditions of Mr Lai's detention, his age and his health1921make his case exceptionally urgent. He must be released before it is1922too late. Mr Lai is now 77 years old, and will turn 78 later this year.1923A diabetic with associated symptoms and other age-related health1924complications, Mr Lai is denied natural sunlight and incarcerated in a1925tiny airless cell for over 23 hours per day in a climate of extreme1926heat and humidity.1927    13. He has already spent almost half a decade in prison, in1928prolonged solitary confinement, in inhuman conditions. This in itself1929poses a threat to his life, as does the long sentence he will face if--1930as is inevitable--he is convicted under the NSL.1931Key Concerns1932    14. Mr Lai's case raises several key concerns regarding the1933violation of his fundamental rights and freedoms, as found by the WGAD,1934including the rights to freedom of expression, peaceful assembly, a1935fair trial, and the prohibitions of arbitrary detention and of torture,1936cruel and inhuman treatment, and the treatment of elderly persons in1937prison. Moreover, Mr Lai's case is emblematic of the rapid destruction1938of the rule of law in Hong Kong since the NSL was enacted in 2020, and1939now the ``home grown'' Article 23 legislation, and the misuse of1940criminal laws to silence voices critical of the Chinese Communist1941Party, to silence calls for accountability for human rights violations,1942and to suppress any discussion or debate of political ideas in Hong1943Kong.19441945     Mr Lai has been detained in prolonged solitary confinement1946for over 4 years, since December 2020, raising serious concerns for his1947health and wellbeing.19481949     As found by the WGAD, Mr Lai has been arbitrarily detained1950in relation to all the cases he has faced since 2020. \12\1951---------------------------------------------------------------------------1952    \12\ WGAD Opinion no. 34/2024 concerning Mr Jimmy Lai Chee-ying1953(Hong Kong/China), 26th September 2024, Sec. 119.19541955     Mr Lai has already been prosecuted and sentenced to1956lengthy sentences of imprisonment for his peaceful participation in1957pro-democracy protests in violation of his rights to freedom of1958---------------------------------------------------------------------------1959expression and peaceful assembly, and to a fair trial.19601961     In an unprecedented case, he has been convicted and1962sentenced to nearly 6 years' imprisonment on spurious allegations of1963fraud said to arise out of the breach of a commercial lease--the first1964time a landlord and tenant dispute has been the subject of a criminal1965prosecution in Hong Kong. His conviction and sentence were condemned by1966the UK Foreign, Commonwealth and Development Office \13\ and the US1967Department of State, \14\ among others, and the WGAD has found that the1968trial, as with all the trials he has faced, was manifestly unfair and1969his resulting imprisonment arbitrary. \15\ His appeal against1970conviction was heard on 14th and 15th January 2025. The appeal court's1971judgment is pending, expected 6 months from the date of the hearing.1972---------------------------------------------------------------------------1973    \13\  https://x.com/annietrev/status/19741601958104463204353?s=20&t=1xDoFw9v4gdtDy0Mqyvi4g1975    \14\ https://twitter.com/StateDeptSpox/status/19761601638664697942018?s=20&t=xx0iJWcEVA_SufPE1wWQ4w; https://1977www.state.gov/jimmy-lais-fraud-case-verdict/1978    \15\ WGAD Opinion no. 34/2024 concerning Mr Jimmy Lai Chee-ying1979(Hong Kong/China), 26th September 2024, Sec. Sec. 82 & 112.19801981     Mr Lai is now being prosecuted for alleged sedition and1982alleged conspiracy to collude with foreign forces under the NSL for his1983journalism and his pro-democracy activities, in clear violation of his1984rights to freedom of expression, freedom of association, and to a fair1985---------------------------------------------------------------------------1986trial.19871988     There is publicly available credible evidence that the1989testimony of a key prosecution witness in the case against Mr Lai, Andy1990Li, has been obtained by torture, as raised by the U.N. Special1991Rapporteur on Torture with China, on 31st January 2024. \16\ China has1992so far failed to respond to the Special Rapporteur's concerns.1993---------------------------------------------------------------------------1994    \16\ OHCHR, Special Procedures, Press release, `Hong Kong SAR: U.N.1995expert warns against admission of evidence, allegedly secured through1996torture, in Jimmy Lai case', 31st January 2024.19971998     China has failed to allay concerns, as raised with China1999by WGAD and four U.N. Special Rapporteurs in a joint communication2000concerning Mr Lai's case sent on 17th March 2023, \17\ that engagement2001with the U.N. could amount to a crime under the NSL. In its response to2002that concern, China stated ``[w]hether a particular act constitutes an2003offence would depend on the facts and circumstances of each case, and2004hence over-generalisation is neither possible nor appropriate''. \18\2005No clarity has been provided as to how criminal sanction may be2006avoided. China's position is alarming, and is clearly threatening to2007any individual inside or outside Hong Kong, or mainland China, who2008seeks to engage the U.N. human rights mechanisms on their own or on2009others' behalf.2010---------------------------------------------------------------------------2011    \17\ Joint Communication to China, AL CHN/1 2023, 17th March 2023.2012    \18\ China's reply to Joint Communication, CH/HR/2023/46, 1st May20132023, at Sec. 56.2014---------------------------------------------------------------------------2015                         us and uk governments20162017    15. Multiple governments, Parliaments and international bodies have2018now called for Jimmy Lai's immediate and unconditional release,2019including the US Government, the UK Government, the Australian2020Government, the Canadian Parliament, the European Parliament, the U.N.2021WGAD, five U.N. Special Rapporteurs, and Roman Catholic leaders. The2022international consensus is clear on what should happen. The question2023now is how to ensure it does happen, before it is too late. How can the2024principle be converted to practice?2025    16. The US and UK Governments are key to securing Jimmy Lai's2026release. He is a British citizen and his case is also intimately2027connected to the US, in many ways--including that many of his investors2028and his executives are US citizens, and the NSL prosecution has2029weaponised his links to the US, Congress and the US Government against2030him.2031    17. Mr Lai's case has been and continues to be a priority for the2032US Government. The various prosecutions, verdicts and sentences have2033been repeatedly condemned by the United States' Government \19\,2034politicians from every stripe of each side, and civil society. In2035response to Mr Lai's sentence in unfounded fraud proceedings (based on2036alleged violation of a commercial lease) a spokesperson for the State2037Department, stated that, ``the United States condemns the grossly2038unjust outcome of Jimmy Lai's latest trial sentencing. By any objective2039measure, this result is neither fair nor just'', and called upon China2040to respect freedom of expression, including for the press, in Hong2041Kong. \20\ The US Government has described the charges against Mr Lai2042as spurious and has further expressed its ongoing deep concern, ``about2043the deterioration in the protection for human rights and fundamental2044freedoms and the systematic dismantling of Hong Kong's autonomy under2045the National Security Law (NSL)'', and the efforts by the Hong Kong2046authorities to use the NSL to ``suppress independent media, to silence2047dissenting views, and to silence freedom of speech.'' \21\ US President2048Trump has repeatedly expressed his commitment to securing Mr Lai's2049release \22\.2050---------------------------------------------------------------------------2051    \19\ US Department of State, Press Release, `Trial of Jimmy Lai2052Under the Hong Kong National Security Law', 17th December 2023; State2053Department: Democracy, Human Rights & Labor, https://twitter.com/2054StateDRL/status/1706700113907712198, 26th September 2023.2055    \20\ See https://twitter.com/StateDeptSpox/status/20561601638664697942018?s=20&t=xx0iJWcEVA_SufPE1wWQ4w2057    \21\ See https://www.state.gov/jimmy-lais-fraud-case-verdict/2058    \22\ https://hongkongfp.com/2025/05/09/us-president-trump-to-raise-2059hong-kongs-jailed-tycoon-jimmy-lais-case-in-china-trade-talks/2060---------------------------------------------------------------------------2061    18. UK Foreign Secretary David Lammy and members and officials at2062every level of the UK government \23\ continue to raise Mr Lai's case,2063including during the July 2025 meeting between the Foreign Secretary2064and his Chinese counterpart Wang Yi \24\. The Foreign Secretary has2065made clear in Parliament the UK government's view that it would be ``a2066catastrophe'' were China to allow Lai to die in jail \25\.2067---------------------------------------------------------------------------2068    \23\ From Prime Minister Starmer down: https://2069www.independent.co.uk/news/uk/politics/keir-starmer-xi-jinping-meeting-2070g20-b2648912.html2071    \24\ https://x.com/DavidLammy/status/19437188920457383642072    \25\ https://www.youtube.com/live/PVLgxTC2w00?t=7009s2073---------------------------------------------------------------------------2074    19. Mr Lai has been the victim of targeted judicial and2075prosecutorial harassment and had his key assets in Hong Kong dismantled2076and expropriated. Mr Lai's trial marks yet another milestone on the2077grim journey by which Hong Kong has travelled from relative freedom and2078prosperity to authoritarianism and decline. The bold revelations by the2079prosecution have confirmed that Mr Lai is indeed being prosecuted and2080will likely be condemned to life imprisonment for his journalism, for2081discussing political ideas, and for calling for accountability of2082individuals responsible for human rights violations. The credible2083information that a key prosecution witness, Andy Li's, evidence has2084been procured by torture underlines the cruel lengths the Hong Kong and2085Chinese authorities will go to, to secure Mr Lai's conviction.2086    20. This case is now extremely urgent. Mr Lai risks dying in2087prison. Now is the time to turn the call for his release into action to2088ensure that Mr Lai is released and brought home before it is too late.2089    21. At a time when world leaders are looking to build bridges,2090particularly economic bridges, with China it is essential that Mr Lai's2091case is not forgotten. As attention turns to the US and UK2092relationships with China, it is essential that Jimmy Lai's case is2093resolved before any talk of normalisation is allowed to progress. Mr2094Lai must be released before China is taken seriously as a credible2095negotiating partner.20962097    Senator Curtis. Thank you. Thank you to all the witnesses.2098    I'll now begin the question round by yielding myself 52099minutes to begin the question. And I have a question initially2100for all of you. We'll start over here with Olivia.2101    The United States has tried several policy tools,2102everything from sanctions to public diplomacy in response to2103this repression that you've all have articulated so well. I'd2104like to know what specific steps you would like to see Congress2105take and maybe narrow that down to just the one or two, and2106specifically what the legislative branch can do.2107    Ms. Enos. Thank you.2108    So, I have one overarching recommendation and then three2109very quick ones that are specific to Hong Kong. I promise I'll2110be quick. The first is we just have to continue to support2111funding and grants and the continuation of DRLs good work.2112Because apart from it, there are many organizations that will2113be shut down who are essential to maintaining the continuation2114of solid work on Hong Kong, but on China generally.2115    And without those grants, many of them will close even as2116soon as the end of the summer. Some for sure by the end of the2117year. My three Hong Kong specific ones are, first, I would love2118to see a primary money laundering concern designation issued2119for Hong Kong. Congress can hold the Administration's feet to2120the fire by putting them on a specific timeline or reporting2121requirement, asking them to investigate whether certain2122entities or sets of transactions qualify as a primary money2123laundering concern. This is so important because it's a cross2124cutting measure. It speaks to the fact that rule of law is2125undermined and that that business as usual is not, you know, it2126is not business as usual.2127    The second is to press for the release of all political2128prisoners in Hong Kong. We have to be doing that daily. Members2129of Congress can adopt political prisoners. They should do so2130for Hong Kongers. And then the third is to ensure the extension2131of deferred enforce departure for Hong Kongers past its2132original deadline, but also to ensure long term permanent2133pathways for resettlement. Sorry,2134    Senator Curtis. Ms. Siu.2135    Ms. Siu. I think Olivia already noted several2136accountability tools that the U.S. has in hand and can utilize2137in terms of protecting Hong Kong's democracy and human rights.2138And I would also like to note that how the funding cut has been2139impacting the Hong Kong diaspora community and organizations2140that have been supporting Hong Kong's resistance, especially,2141particularly regarding the National Endowment for Democracy and2142Radio Free Asia.2143    With the forced shutdown of Apple Daily, Stand News, and2144other media outlets, we're seeing that there is a huge gap in2145terms of ensuring that the news from Hong Kong is coming out.2146And for so many years, especially over the past 5 years, Radio2147Free Asia has filled that gap. And we need to ensure that the2148funding is sustained for organizations including the RFA and2149VOA to ensure that we understand what is happening in Hong Kong2150currently to inform the U.S. policy.2151    And also in regards to the net, I think it is really2152important that we restore the funding that is dedicated to2153supporting the freedom of human rights inside of Hong Kong2154because I believe it is very, very important that we make sure2155that we're not just supporting the underground resistance2156verbally, but then also through meaningful contributions. So, I2157would say that was the number one priority.2158    And second, I think there are also several legislations2159currently in the Congress that we should be passing, including2160the Hong Kong Economic and Trade Office Certification Act,2161which I know that the chairman also supports. For so long2162[unclear] has been used as a tool to expand the CCP's influence2163in the United States and very recently infiltrate the Hong Kong2164diaspora community, and their status must be reviewed.2165    Senator Curtis. Thank you.2166    Dr. Richardson.2167    Dr. Richardson. Very quickly, I think Congress should start2168considering requiring U.S. businesses to conduct human rights2169due diligence on their operations in Hong Kong to make sure2170that they are not creating or contributing to violations. I2171think this both helps make sure that the ICCPR and other laws2172are upheld. I think it also would help end the mixed messaging2173that results from seeing U.S. businesses showing up and working2174with precisely some of the same people who are responsible for2175carrying out human rights violations.2176    Senator Curtis. Thank you.2177    And am I going to pronounce this right, Kelin?2178    Ms. Gallagher. Keelen. Yes. OK. It's got rather a lot of2179letters, but it's just pronounced Keelen. As you can imagine, I2180get called all sorts of things.2181    Senator Curtis. I can imagine, yes.2182    Ms. Gallagher. So, I just raised a few things. The first2183thing is to say China is of course not unusual in targeting2184dissidents, journalists, those who speak truth to power. But2185something which is a little different with Hong Kong is that2186fig leaf of due process, and the fact that it's essentially a2187police state, but trying to masquerade still as a place where2188you can do business as usual. It's trying to still masquerade2189as a place which is a financial center.2190    And indeed, just recently they've announced a new2191international court where they want to challenge the2192International Court of Justice and have their own form of court2193there. So, they do want to maintain that fiction of one2194country, two systems. And seems to me that that gives us real2195leverage because we know it's in their policy interests to have2196Hong Kong return to being a place where the rule of law is2197intact. So, highlighting the false narrative in the way that2198this hearing is doing is hugely helpful, is the first thing I2199would say. Second thing I would say----2200    Senator Curtis. Alright, just quickly, I'm over time, but2201go ahead.2202    Ms. Gallagher. Of course.2203    Senator Curtis. I think my colleagues will give me just a2204minute of grace.2205    Ms. Gallagher. Of course. Second thing I would say is, it2206seems to us that the U.S. and UK governments working together2207should be key to securing Jimmy Lai's release. He's a British2208national, but his case is intimately connected with the U.S. in2209many ways.2210    And for Senators in particular, we would ask that in your2211interaction with the State Department and NSC staff in the2212coming months, given that there's just been coverage suggesting2213that there may be some high level engagements at APEC toward2214the end of October, and also potentially even a high level2215visit to China. It's essential that the release of Jimmy Lai is2216raised in all of the preparatory meetings before any high level2217engagement. And it should be front and center of the agenda in2218the coming months.2219    Senator Curtis. Thank you. All wonderful answers. I made it2220through one question of my many pages.2221    I would like to point out before I pass the microphone2222that, and I was going to ask you all about this, but I think2223you'd agree, if we don't pass any new Hong Kong measures this2224Congress, there is a risk that that's interpreted by the CCP as2225silent. That silence is that we're accepting what's happening2226over there. I'd just like to point that out.2227    And with that I yield and give 5 minutes to the Ranking2228Member.2229    Senator Kaine. Thank you, Mr. Chair.2230    And just on the Jimmy Lai, I just want to acknowledge2231Senator Risch, the chair of the committee, has also been pretty2232active with many of us in repeated statements on behalf of2233Jimmy Lai. I know that will continue.2234    Ms. Siu, you've testified here before, and so you know that2235people in the room and people watching are a mixture of experts2236in the topic who care deeply about it and people who are coming2237to the topic new and who care deeply about it.2238    So, I'm going to ask you a very basic question. Why is the2239CCP afraid of you? You're a 26 year old who started your2240advocacy when you were about 17 or 18. Why would they be afraid2241enough of you to put a HK$1 million bounty on your head?2242    Ms. Siu. I think that's because I create troubles. I've2243been doing that since I became a student activist in 2019. And2244unfortunately, I think my personal stories mirror as one of2245Hong Kongers' overall resistance.2246    I met the chairman, Chairman Curtis, back in 2019 when I2247was a student activist organizing citywide protests, and you2248know demonstrations on campus. That was also when Hong Kongers2249in a small city of only 7 million people, as I noted, 2 million2250took on the street to say no to the CCP's suppressions. And2251following that, CCP has doubled down on this crackdown on our2252freedoms to assembly, expression, and association.2253    Senator Kaine. And by trouble you mean assembly?2254    Ms. Siu. Yes.2255    Senator Kaine. Which we are guaranteed in this country, the2256right to peacefully assemble to petition government for redress2257of grievances, expression, protest. I don't view peaceful2258activity as trouble, but apparently some do. Is that right?2259    Ms. Siu. Yes, that is correct. The CCP's sees our2260exercising of our rights to freedoms of assembly, association,2261and expression as a huge trouble. And that is why I think,2262precisely the reason why they decided to further introduce the2263Safeguarding National Security Ordinance on top of the National2264Security Law.2265    Senator Kaine. And if I could just--on the expression side,2266you referenced briefly in your testimony, but didn't explain,2267but again, for those who are here who care, but may not be2268experts, the blank paper protests.2269    So, in Hong Kong and other parts of China, the degree of2270suppression of expression was so great that creative activists2271began holding up blank sheets of paper with no figures on them2272whatsoever, as a way of demonstrating there are things we would2273like to say, but the repression of this government means that2274we cannot even put anything on this sheet of paper. And then2275the Chinese government has cracked down on the use of blank2276sheets of paper. Am I right about that?2277    Ms. Siu. You're correct.2278    Senator Kaine. And they've not only cracked down on it, but2279they've scrubbed social media accounts because Chinese citizens2280were searching blank sheet of paper, wonder what this is all2281about. And there has been a crackdown on the availability of2282even that search for Chinese citizens to find out what a blank2283sheet of paper means.2284    Ms. Siu. Yes, that is correct. And you see, after the2285introduction of Article 23, there had also been arrests and2286convictions made in Hong Kong for people who have worn a t-2287shirt with protest slogans. There have been arrests of2288individuals who have written protest slogans on buses and held2289blank pieces of paper in protests of the government with2290nothing written on it. And I think that speaks to the scale of2291the PRC's takeover and repression in Hong Kong.2292    Senator Kaine. Let me ask you one other question. There's2293an article that I'd like to introduce in the record. It's from2294Radio Free Asia, the title ``CCP Cheers RFA Cantonese's2295Demise,'' dated July 9, 2025, recently. Talk a little bit about2296what Cantonese language Radio Free Asia has meant to Hong2297Kongers.2298    Ms. Siu. As I said Senator Kaine, for the past 5 years,2299especially following the closure of Apple Daily and Stand News,2300RFA has become one of the few sources that kept on reporting2301about what has been developing inside of Hong Kong with Article230223 and the National Security Law.2303    It was not just a source for Hong Kongers outside of Hong2304Kong or the international community to understand what the PRC2305is doing inside of Hong Kong, but also a source for people who2306are on the ground to understand what is happening, given that2307the PRC has revoked visas for international journalists and2308shut down other media outlets reporting on court news and2309everything else.2310    And I cannot stress enough how important the Cantonese2311service of RFA has been to the people of Hong Kong. And just2312last month, the month before RFA's forced shutdown down due to2313the funding cuts, because they have reached 1.2 million people,2314readers online. And I think that speaks to the importance of2315RFA.2316    Senator Kaine. With that I'll yield the remainder of my2317time back.2318    Senator Curtis. Thank you.2319    I'd like to recognize the Senator from New Hampshire for 52320minutes.2321    Senator Shaheen. Thank you, Mr. Chairman.2322    Thank you all for being here.2323    Last week, the minority members of the Senate Foreign2324Relations Committee, the entire committee, released a report2325that highlights how the Trump administration's actions in the2326first 6 months in office have undermined our ability to compete2327with China.2328    This is the report, if you haven't already seen it, I would2329offer it for anyone's interest. A clear example of this is the2330one you were just referring to, Ms. Siu with Senator Kaine, and2331that is the Administration's silencing our voice in Hong Kong2332through Radio Free Asia.2333    Since Hong Kong's handover to China in 1998, Radio Free2334Asia, as you pointed out so well, has served as a beacon of2335independent media. The Administration's decision to withhold2336congressionally appropriated funds resulted in the closure of2337Radio Free Asia's Cantonese operations exactly 5 years since2338the enactment of the Draconian National Security Law.2339    And what I think is significant, and you alluded to this,2340is that Chinese officials celebrated this news, calling it, ``a2341huge victory for real Asian journalism.'' So, Ms. Siu, you2342talked about what the consequences are of abandoning this2343independent media in Hong Kong. Can you and any other members2344of the panel also talk about how the PRC is taking advantage of2345that closure?2346    Ms. Siu. Sure. Thank you, Senator Shaheen for the question.2347And I will try to be quick about that.2348    With the shutdown of RFA on July 1, unfortunately there is,2349you know, little to no independent media that is still2350operating in Hong Kong that can actually report about the on2351the ground developments. And unfortunately, that created a huge2352gap, which is filled by Chinese state affiliated media such as2353Ta Kung Pao, TVB, et cetera, et cetera. And I think that also2354creates this huge information gap that really does not help2355when it comes to informing U.S. policy in regards to Hong Kong.2356    So, I do think it is so, so, so important that we resume2357the funding so that the Cantonese service and as well as my2358panelists Olivia has mentioned, the Tibetan and Uyghur service,2359because those have been really the beacon of democracy and2360independent media voices. So, I will stop there and yield.2361    Senator Shaheen. Yes, Dr. Richardson.2362    Dr. Richardson. Thank you very much, Senator Shaheen.2363    I actually wanted to thank you for a different point that's2364made in that report, which is about the U.S. withdrawal from2365the Human Rights Council. This is one of the only institutions2366available for human rights activists from across China to try2367at enormous risk, to bring forward issues, to get some redress.2368    The Chinese government consistently tops the league tables,2369year after year for reprisals against activists for trying to2370engage with U.N. human rights mechanisms. The Chinese2371government has become extremely adept at influencing that2372system, changing how it works, shutting its critics out. And2373it's a byzantine institution. It's not the one I would design.2374But let's be clear, leaving it to an authoritarian regime that2375has lots of resources and a clear commitment to making it not2376about human rights, is deeply problematic. So, thank you for2377flagging that.2378    Senator Shaheen. Well, thank you. And can you talk a little2379bit about what kind of message that sends to the people of Hong2380Kong and to others who are looking at our withdrawal from that2381organization?2382    Dr. Richardson. Well, briefly, I think it is confusing and2383demoralizing. I think it's already extremely difficult for2384Chinese activists and activists from Hong Kong to interact with2385that system and to not necessarily have the leadership and the2386air cover, so to speak, that democratic governments can bring2387to bear in keeping those institutions open for their2388participation, pushing to make sure that they're admitted, that2389events reflect their views, that their reports are contributed,2390that their voices are heard. That's an incredibly, I assume you2391would agree, an incredibly important part of how activists can2392bring their issues forward. Thank you.2393    Ms. Siu. And if I may just add Senator Shaheen, I think2394there is a widespread confusion among the Hong Kong people who2395are still resisting on the ground, as in why we are conceding2396the space, this very, very important narrative space to the2397Chinese Communist Party. And I do think there is also huge2398concern shared by the Hong Konger community, as in who is going2399to take over that gap, that is being left out by the forced2400closure of Cantonese service under RFA. And we all know that2401that is going to be the CCP.2402    Senator Shaheen. Thank you.2403    Ms. Enos.2404    Ms. Enos. I just wanted to add that the CCP is already2405overtaking the short-wave frequencies that Radio Free Asia2406used, and that's not just in the Chinese context. I also work2407on Korea, and this is happening in the North Korean context as2408well. And I think what is happening with Radio Free Asia is a2409microcosm of the broader challenge that we're having, where the2410U.S. says, we're going to leave human rights promotion and2411democracy promotion up to other people around the world who2412don't share our same values.2413    And I would also just note that one of the most important2414things that Congress can do on this is to ensure that Radio2415Free Asia has a separate line item, not underneath the USAGM2416auspices, but a separate line item for appropriations that make2417it possible for Radio Free Asia to be depoliticized in the2418current context.2419    Senator Shaheen. Thank you.2420    I would also add to that, that the defunding of the U.S.2421Agency for Global Media has significantly also limited the2422operations of Voice of America's 450 Latin American affiliates.2423And since the subcommittee deals with those issues, I think2424it's important to add that into the record as well.2425    Thank you all very much.2426    Senator Curtis. Thank you.2427    I'd like to yield the Senator from Florida for 5 minutes.2428    Senator Scott of Florida. Thank you, Chairman.2429    Well, first thanks each of you for being here. Thank you2430for what you do each and every day.2431    Anyone who pays attention to the evils of the Chinese2432Communist Party knows the name Jimmy Lai. Jimmy is a great2433advocate for free press and a hardworking entrepreneur who is2434being held as a political prisoner in Hong Kong, because he2435didn't cower to Xi Jinping or censor the atrocities he2436committed.2437    What the Chinese Communist Party is doing to him is2438disgusting. Let's be clear, Xi Jinping and his thugs are2439responsible for this abusive treatment of Mr. Lai, not the2440government of Hong Kong, which is nothing more than a puppet of2441Beijing. Jimmy's a friend, it's an honor to speak on his behalf2442and do whatever I can to help return him to freedom. To each of2443you, what can be done to help Jimmy Lai and other political2444prisoners? However, you want to start.2445    Ms. Enos. I think that Jimmy Lai is, you know, such an2446important figure because he represents, as you said, freedom in2447general. I think there are several things that Congress can do2448and several things that the Administration can do. First, it2449was encouraging to see that Jimmy has been adopted by a Member2450of Congress. That's an important move. But I think that beyond2451this, it would be great to see State Department expanding its2452ability to prioritize political prisoner release at the2453executive branch level.2454    I advocated in my Hudson Institute report, which I2455published last December, for the creation of an Office of2456Political Prisoner Advocacy, that would augment the work of the2457special envoy for hostage affairs and make it so that it is2458squarely within the U.S.'s realm to be able to not only2459advocate for U.S. hostages abroad, but also for individuals2460like Jimmy Lai, who are not American citizens, but who are2461equally worthy of our best efforts.2462    Senator Scott of Florida. Thank you. How do you guys want2463to go?2464    Ms. Gallagher. First of all, Senator Scott, may I thank you2465for your very powerful advocacy for Jimmy Lai. He's extremely2466lucky to have you in his corner. We're very grateful for2467everything that you've done in relation to his case.2468    I agree entirely with the remarks that you've made about2469Jimmy Lai and the importance of his case. And there is such2470urgency to his case now given his state of health. And just to2471put that very starkly in context, there's a very strong2472evidence based showing that there is a much elevated risk of2473death in circumstances where you have elderly prisoners who are2474held on solitary confinement, that is elevated further when you2475have an elderly prisoner who's diabetic, right?2476    Dr. Richardson. With no sunlight.2477    Ms. Gallagher. With no sunlight, that's right. With no2478sunlight, limited fresh air, very limited meaningful human2479interaction. So, in any circumstances, regardless of the2480conditions, there's an elevated risk of death when you have2481someone held in solitary confinement for that length of time.2482International law is clear that once you hit 15 days, that's2483problematic. He's been held in solitary confinement for over24841,600 days. That's what we're dealing with, since December24852020. There's an elevated risk of death in any event. And2486because of his age and his state of health, that is a very real2487risk.2488    Now, it seems to us that it is simply not in China's2489interests for Jimmy Lai to die in prison. You heard the name2490Liu Xiaobo earlier. It seems to us that as the Chinese2491Communist Party repeatedly say, they consider Jimmy Lai to be a2492notorious anti-China element and to be a risk to national2493security and so on, turning him into a martyr doesn't seem to2494be in their own interests either.2495    We think there's a critical moment coming up now because as2496more focus is turning to U.S. and UK relationships with China,2497it seems to us it's essential that Jimmy Lai's case is2498resolved, before any talk of normalization or closer relations2499with China progresses. Our view is that Mr. Lai must be2500released before China is taken seriously as a credible2501negotiating partner, and we need to start seeing conditionality2502and consequences to engagement with China while Mr. Lai remains2503behind bars.2504    Senator Scott of Florida. Thank you.2505    Ms. Siu. Senator Scott, thank you for your attention to2506this very, very important measure. I know that you were in Hong2507Kong in 2019, so I think your experience with Hong Kong also2508reflects PRC's takeover. In regards to Jimmy Lai, I think in my2509opening remarks, I mentioned two recommendations. One is to2510prioritize human rights as a core U.S. foreign policy2511principle, and second, for the U.S. to urge for the release of2512Hong Kong's prisoners of conscious, including Jimmy Lai, Chow2513Hang-tung, Leung Kwok-hung, and Owen Chow.2514    And I think it is a very, very crucial moment that we2515mention these names in every conversation that we are having2516with the PRC, including in regards to AI and trade. I think2517it's so crucial that we continue putting that pressure from the2518Congress and from the executive branch in regards to call for2519the release of Jimmy Lai and the others.2520    Dr. Richardson. I agree completely with all of these2521suggestions. I would just add that you and or members of the2522subcommittee, other members of the Senate, people in the2523Administration, should relentlessly ask to see him, even if you2524know you're going to be denied, and insist on his release.2525    It could be transactional, it could be situational, but the2526reality is that one of the ways that the U.S. and the German2527governments eventually secured the release of Liu Xiaobo 's2528widow, who is arbitrarily detained for 8 or 9 years after his2529death, confined to solitary in her apartment in Beijing, was2530that they just kept asking.2531    Angela Merkel just kept asking every single time she saw Xi2532Jinping. She just said, you have to let her go. You have to let2533her go. And it was just that consistency and that the requests2534were made at that level. And I think that's something that2535easily people who were as committed to this issue as you are,2536could do. Thanks.2537    Senator Scott of Florida. Thanks for what each of you do.2538    Thank you, Chairman.2539    Senator Curtis. Thank you, Senator Scott.2540    I'd like to yield 5 minutes to the Senator from Oregon.2541    Senator Merkley. Thank you very much, Mr. Chair, and thank2542you for putting this hearing together.2543    And I'm struck about the similarity between what you're all2544presenting here, what was presented before the China2545Commission, which both then Senator Rubio and I had turns in2546chairing, and what came in the last September in the Committee2547for Freedom in Hong Kong. Perhaps we'll see all of you at the2548third annual gathering of that here in September. And some of2549the things you mentioned, just continue to strike of chord,2550    Ms. Siu, that lighting a candle is a crime. That suggests2551how dramatically Hong Kong has changed.2552    And Ms. Richardson, your support for investigating crimes2553against humanity that China's involved in, including against2554the Uyghurs. And I co-wrote the Uyghur Forced Labor Prevention2555Act. I would like to see other countries adopt a similar2556presumed assumption that things that are made in certain areas2557of China have been made with slave labor.2558    You can--we have a safe harbor for companies can prove that2559it's not, but it's really, I think, the only effective answer,2560and only America's taken it. So, we see goods rejected here,2561shipped to Canada, which is unacceptable.2562    Ms. Enos, your 21 recommendations, and Ms. Gallagher, your2563fierce conversation about the inhumanity of the way that Mr.2564Lai has been treated. His son, Sebastian has come up here2565repeatedly and along with others to keep making that case.2566    There are two bills that this committee, and I think, Mr.2567Chairman, you mentioned in your opening remarks, so I wasn't2568here. The Hong Kong Judicial Sanctions Act with Senator2569Sullivan and Curtis and myself are leading it, mandate2570sanctions on Hong Kong and judicial officials complicit in2571human rights abuses.2572    Do any of you support getting that done? I see nodding2573heads across the board.2574    The second is the Stop CCP Money Laundering Act. Senator2575Curtis and I are co-leading that. And one of you mentioned2576money laundering as a significant factor. Does anyone see any2577reason not to proceed with getting that passed?2578    Mr. Chairman, I really appreciate your suggestion that if2579our failure to pass legislation out of Foreign Relations on2580Hong Kong would be an implicit statement about our lack of2581concern, I don't want that to happen. I hope we'll build on the2582foundation of those bills and many of the ideas that are2583presented here today to proceed.2584    One thing that has really troubled me is the persistent2585business activity that Hong Kong has so valiantly tried to2586sustain and to give themselves cover. And of course, it's kind2587of a key vulnerability. If companies were to translocate, is2588there any sort of strategy in the works to try to move the2589financial operations, the firms that participate, and say it's2590really unacceptable to be locating and contributing to what2591China has done in Hong Kong.2592    Ms. Enos.2593    Ms. Enos. It's not business as usual in Hong Kong, and we2594all know this here, but I think many businesses would prefer to2595look the other way. We have to make it so that they can't look2596the other way. And this is a huge part of the reason why I have2597long advocated for a primary money laundering concern2598designation, especially for subsets of transactions or specific2599institutions, because that has the potential to shift risk.2600    And we know this because a primary money laundering concern2601designation was used against North Korea. And the bank said, oh2602my goodness, we're not going to touch Bank of Delta Asia, once2603it had that primary money laundering concern designation2604issued. We need to start doing that for Hong Kong because2605businesses are continuing to buy the propaganda from John Lee2606and others that Hong Kong is just fine.2607    But we know that they are actively supporting Russia's war2608of aggression against Ukraine. They're actively supporting2609other rogue actors like Iran and North Korea. And we know this2610because of a fabulous report that Sam Bickett did, called2611Beneath the Harbor, which I would encourage if it's possible to2612submit that entire report to the record if it's possible.2613    Senator Merkley. Mr. Chairman, we ask that the report be2614submitted for the record.2615    [Editor's note.--The information referred to can be2616accessed at https://thecfhk.org/research/beneath-the-harbor/.]2617    Senator Curtis. Without objection.2618    Ms. Enos. Thank you.2619    Senator Merkley. Anybody else like to weigh in on this?2620Thank you.2621    Ms. Gallagher. Yes. Just in relation to business Senator2622Merkley, it's very important to say, I briefly referred to what2623happened to Apple Daily, and what's happened with Apple Daily2624is state sponsored theft of a hugely successful business.2625    So, as well as being, of course, a real blow to press2626freedom, it's also a real cautionary tale for the over 1,3002627U.S. businesses, which currently operate in Hong Kong, the262884,000 U.S. citizens currently based in Hong Kong. Because so2629vaguely defined are the offenses under the National Security2630Law that anyone who's operating in that environment is at real2631risk.2632    And what I would also say is that what we see with Hong2633Kong is it essentially becoming a bay of broken promises, a2634safe harbor for human rights violators. And it's essentially an2635authoritarian regime masquerading as a free market, free trade2636hub, finest laundromat for cleaning money in the East. And I'm2637always struck by those very powerful words, which former2638Congressman Mike Gallagher used where he described golden2639blindfolds being worn by individuals, staring out the windows2640of their glass offices onto Victoria Harbor.2641    And I think it's really critically, because we know how2642important it is to Hong Kong and to China to have Hong Kong2643seen as a place where it's safe to do business. And we must2644keep calling out the fact that in its current guise, it is not2645a safe place to do business. And could I also ask that we read2646into the record, there's a very powerful piece which was2647recently written by the Committee to Protect Journalists on why2648what's happening under the National Security Law in eroding2649press freedom is also bad for business? It's from the 30th of2650June, and they pointed out that actually Hong Kong's economic2651boom happened because journalists could work without2652interference.2653    And that what you now have is fading financial appeal, in2654part, because of Hong Kong trying to continue being seen as an2655international financial center in circumstances where it has2656such gross restrictions on information and such a crackdown on2657press freedom. So, it's bad for press freedom, it's also bad2658for business.2659    Senator Merkley. Mr. Chairman, can we put that report in2660the record?2661    [Editor's note.--The information referred to above can be2662found in the ``Additional Material Submitted for the Record''2663section at the end of this document.]2664    Senator Curtis. Yes.2665    Senator Merkley. And could I follow up one point here? I2666know, I'm over time.2667    So, as we think about the manufacturing that goes on with2668the Uyghurs in China, we're able to say to companies, consider2669moving to Vietnam. Not that their human rights record is2670perfect, but we're continuing to work closely with Vietnam and2671hopefully to see a much better situation there than with the2672Uyghurs or other places in Asia that have the potential for the2673same sort of manufacturing.2674    But is there an alternative for the financial center in2675Hong Kong where you can say to a business, you could be in2676Kuala Lumpur, or could be--is it partly that there's no like2677magnet alternative that keeps these big companies doing their2678financial business in Hong Kong? Is there not a feasible2679alternative?2680    Dr. Richardson. I'll try to answer both those questions.2681Olivia will do a better job on the alternative location2682question. but Senator Merkley, just very quickly, first of all,2683thank you for all of your hard work with the CECC. But the2684story of the last 40 years involves a lot of U.S. business2685activity and money flowing into China, as the Chinese2686government got progressively more repressive.2687    And as extraordinary and accomplishment as the UFLPA is, it2688should not have taken credible allegations of crimes against2689humanity and genocide to get us to that point. You know, we've2690had 40 years of occasionally a story floats up that, you know,2691X American company has been found using forced labor, or you2692know, Y companies dealing with labor unrest inside China. What2693are we waiting for? These variables, I think are extremely2694clear.2695    And until U.S. companies and any companies are required to2696show that they are not part of the problem, we're going to keep2697having this conversation and will only be able to pass laws2698when the situation has gotten exponentially worse than it2699should have. You know, this is not the direction everybody2700wanted to convince themselves we were going in post-Tiananmen.2701The argument was, let businesses invest. People will make2702money, repression will lessen, it'll all get better. That's not2703how it's turned out.2704    Thank you.2705    Ms. Enos. I'm so glad Sophie raised UFLPA. I have lots of2706thoughts on that, but I want to address that. I'll go ahead and2707address. I think Singapore has been offered as a credible2708alternative, it has its drawbacks because it's very close with2709China and the CCP. But that has been the one that has come up2710most frequently. I think though we should be encouraging folks2711to just be more focused on like the UK and the U.S. which are2712the stronger financial centers to be focused on at this2713particular juncture.2714    And I think that that should be an area of focus. I believe2715in the resilience of the market. I believe that businesses can2716be agile and can change directions. They're just choosing2717woefully to look the other way in the face of as Sophie pointed2718out, just incredible evidence of ongoing genocide and crimes2719against humanity for Uyghur, the near dissolution of freedom2720overnight in Hong Kong. I mean, it's fairly breathtaking over2721the last several years. So, I think we're beyond the point of2722kind of saying it's OK, businesses, you just didn't know, they2723absolutely know and are continuing to look the other way.2724    Senator Merkley. I would love to see a press story in which272525 major financial companies altogether say, we are moving to2726Singapore, and we're doing it 6 months from now, If X, Y, and2727Z, don't change. We need some kind of shock wave to change the2728dynamic.2729    Ms. Enos. Well, and it's going to require folks like Jamie2730Dimon of JP Morgan and Chase, who's continuing to underwrite,2731you know, public offerings for Hong Kong companies to say, I'm2732not doing that anymore. We can't verify this because the rule2733of law is so undermined. And they have to stop coming when John2734Lee invites them for big, flashy business conferences where2735there's just tons of executives lining up.2736    Senator Merkley. Thanks so much.2737    Senator Curtis. Thank you. Great, great line of2738questioning, if the witnesses will indulge us, the Ranking2739Member, and I would like to just finish with a question or two2740ourselves. We can't pass up the opportunity to have you here2741and appreciate your expertise, and I'll yield to the ranking2742member.2743    Senator Kaine. Great, thank you Mr. Chair.2744    I have two topics that I'd like to address briefly. Ms.2745Enos, you testified, and I was kind of taken aback with it,2746that it's not only that the U.S. has shuttered RFA operations2747with respect to China, that would be in Cantonese, Tibetan, and2748Uyghur, and then in North Korea. But did you indicate that the2749CCP is taking over the shortwave frequencies that the U.S. was2750using for those broadcasts?2751    Ms. Enos. That's my understanding.2752    Senator Kaine. So that's pretty amazing. I mean, if we had2753just terminated the broadcast, but let's just broadcast white2754noise, which I guess is the audio version of a blank sheet of2755paper, we could have stopped the CCP from taking over the2756frequencies that we're using. But by terminating these programs2757and doing nothing, we're actually allowing the CCP2758communication channels that they didn't have before.2759    So, it's not just like the reduction of a U.S. effort, the2760reduction of the U.S. effort has handed an asset to the CCP2761that they're now using to further disinformation and2762oppression. Well, that's sort of a stunner.2763    Now the second thing I want to ask is this, I referenced in2764my opening testimony, but we didn't get into it in the Q&A, Ms.2765Siu, and I want to offer it to all of you. In the Uyghur area,2766among Uyghurs, and we have many Uyghurs who live in Virginia,2767the persecution of Uyghurs in China to sort of punish the human2768rights activists living in Virginia and the United States is2769kind of a thing, and we've seen a lot of examples of it.2770    Are we seeing the same with respect to the persecution of2771Hong Kongers because of the activity of activists who've left2772Hong Kong living in the United States, living elsewhere, does2773it put their family members at risk who still live in Hong2774Kong?2775    Ms. Siu. Yes, absolutely. Senator, last month, I testified2776before the Tom Lantos Human Rights Commission, where we talked2777about the trends and policy approaches to transnational2778oppression. And I referenced that actually a lot of the2779situations that our Hong Kong diaspora community is facing2780really mirrors what the CCP has been doing with the Uyghur and2781Tibetan communities, including this tactic of coercion by2782proxy, where also they're taking our family members, friends,2783and loved ones, including former colleagues and friends, back2784home as hostages.2785    We have had cases of Uyghur Americans in the Virginia area,2786their family members calling from East Turkistan, which is2787controlled by the PRC, asking their family members overseas to2788stop speaking about the Uyghur genocide or else their family2789members are going to be taken to concentration camps.2790    And we're seeing very similar tactics being employed2791against the Hong Kong community right now, where our family2792members and friends are constantly taken into interrogation,2793being asked by the police about our activities here in the2794United States. We've also had cases mentioned in the very2795beginning about Anna Kwok's father and brother being taken into2796interrogation and charged for having contact with her.2797    I think that all illustrates the trends of transnational2798oppression against the Hong Kong community as going toward the2799direction of what the Uyghur community has experienced. And2800unfortunately, that includes myself. I live in Virginia and2801unfortunately, even after leaving Hong Kong, I still do not2802feel safe. Thank you.2803    Senator Kaine. Thank you.2804    Ms. Gallagher, and then back to the Chair.2805    Ms. Gallagher. Yes. I just want to pay tribute to Joey and2806to Anna Kwok and to the others who've put up with such horrific2807targeting, and essentially using human collateral in Hong Kong2808to try to put pressure on Americans and American residents here2809and people around the world. At the tactics which are now being2810deployed by the Hong Kong authorities in relation to2811transnational oppression are horrendous and they're expanding.2812We've seen the headlines, of course, about the bounties and2813what they do there in relation to family members, but they're2814also broadening it and using it far, far more widely. And that2815includes, for example targeting individuals outside the2816diaspora or exile communities.2817    So, for example, I and my colleagues simply for acting as2818international lawyers for Jimmy Lai have been threatened with2819prosecution, called enemies of the state, have had a whole2820range of threats sent to us. I'm acutely conscious that because2821we do not have family members in Hong Kong, we are not under2822the same level of pressure. But it's important to say that this2823is now a new tactic, which is expanding and anyone who dares2824stand up to the Hong Kong authorities is being targeted.2825    And may I highlight in particular, Sebastian Lai, who of2826course has given testimony before this committee, simply for2827being a son, speaking out for his father. Sebastian has been2828threatened with criminal prosecution. He's been threatened with2829criminal prosecution for addressing the United Nations. He's2830been accused of committing criminal offenses, and as a result,2831he has not seen his father since December, 2020, and he will2832never see his father again unless the trajectory changes and we2833can secure Jimmy Lai's release.2834    Senator Kaine. Thank you very much.2835    Senator Curtis. Thank you.2836    I'll be brief.2837    Ms. Gallagher, just one quick question and if the others2838want to weigh in on it. Mr. Lai's a UK citizen, how would you2839assess London's response so far, and what coordination actions2840should the United States be taking with the UK and other allies2841to magnify all the things we've talked about today?2842    Ms. Gallagher. Thank you for the question.2843    Yes, Jimmy Lai is a British citizen. He's only a British2844citizen, that is not recognized by the Chinese authorities who2845consider because he's ethnically Chinese, he's Chinese, which2846of course should send a chill down the spine of anyone, who2847because of their ethnicity, could then be faced with the long2848arm of the Chinese state using those TNR tactics.2849    The British government was slow out of the blocks, it's2850fair to say, to deal with this case. For a very long time there2851was no commentary whatsoever coming from the UK about the case.2852And in fact, the U.S. Government showed real leadership in this2853space. We're very grateful for it. The U.S. Government called2854for Jimmy Lai's immediate and unconditional release before the2855UK government did so.2856    And in fact, the UK Government in December 2023 had a U2857turn on its policy and finally called for Jimmy Lai's immediate2858and unconditional release, thanks to work which was done by2859members of this committee, who just happened to be here on the2860day when I was testifying in December 2023, and when the then2861foreign secretary, Lord Cameron, was here.2862    So, what happened in Washington fundamentally altered the2863UK's position and gave the UK steel in this case. What we now2864need to see with the UK and U.S. Government working together,2865is them using the leverage that they've got. He's a British2866citizen, but it's a case which intimately is connected to U.S.2867Government interests. U.S. Government and U.S. officials are at2868the heart of the prosecution. U.S. investors and U.S.2869executives have had their assets appropriated, people who work2870for Apple Daily and worked for Jimmy Lai.2871    And we're very grateful to see that the U.S. President now2872has twice referred to Jimmy Lai and the importance of securing2873his release both on the campaign trail and since he's come into2874office. And we're very grateful to see the support that we're2875now getting from [unclear], from State, and from others.2876    We want to see close working between the U.S. and the UK to2877use the leverage that they've got. And most importantly, we2878know there's a series of high level engagements coming up in2879the next number of months. And Prime Minister Keir Starmer is2880due to be traveling to Beijing. Our view is that Prime Minister2881Keir Starmer should not travel to Beijing unless he sets as a2882condition that he will not go unless and until Jimmy Lai a2883British citizen is freed. And we would ask for your support2884here, to ensure that the U.S. hammers that message home in its2885bilateral engagement with the UK, to ensure the UK uses the2886leverage it's got to secure the release of their citizen.2887    Senator Curtis. Very well spoken.2888    We're close to time, but if you--Dr. Richardson, go ahead.2889    Dr. Richardson. Sure. I'm sure you're familiar with the2890phrase, nature abhors a vacuum. Nature has not got anything on2891the Chinese Communist Party. We have spent the last hour2892talking about what happens when democracies fail to advance2893protections or step back from protections of open democratic2894spaces. The Chinese government steps in--media, business, the2895United Nations, human rights, and democracies, citizens of2896democracies elsewhere.2897    It's my view that, even as of a few years ago, like minded2898democracies had radically underinvested in the project of2899protecting democratic spaces and institutions, both for2900themselves and for people inside China, Hong Kong, who wanted2901the same things, right? We need more coordination; we need more2902resources. We need much higher ambition, much better2903interactions between the like minded democracies, not less.2904    Senator Curtis. Great. It's a great way to end.2905    Thank you all, thank you to our witnesses for attending2906today. Thank you to the ranking member. For the information of2907the members, the record will remain open until the close of2908business tomorrow, July 23. We ask the witnesses to respond as2909promptly as possible. Your response will also be made part of2910the record.2911    With that, I thank the committee, and we stand adjourned.2912    [Whereupon, at 4:01 p.m., the hearing was adjourned.]29132914                              ----------29152916              Additional Material Submitted for the Record29172918[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]29192920                                 [all]