Hong Kong Economic and Trade Office Certification Act

Last updated
Hong Kong Economic and Trade Office (HKETO) Certification Act
Great Seal of the United States (obverse).svg
Long titleAn act to require the President to remove the extension of certain privileges, exemptions, and immunities to the Hong Kong Economic and Trade Offices if Hong Kong no longer enjoys a high degree of autonomy from the People’s Republic of China, and for other purposes.
Enacted bythe 118th United States Congress
Legislative history

The Hong Kong Economic and Trade Office Certification Act is a United States Congress bill that could close Hong Kong Economic and Trade Offices. The bill received bipartisan support in the House of Representatives and is now sent to the Senate.

Contents

Background

Hong Kong has 14 overseas Hong Kong Economic and Trade Offices (HKETOs). [1] Three were based in the United States, in New York, San Francisco, and Washington DC. They gained quasi-diplomatic privileges similar to other international bodies. [2]

These offices were found to have lobbying against bills supporting Hong Kong opposition, including the Hong Kong Human Rights and Democracy Act, after the outbreak of the large scale protests in 2019. Support for closure amplified as China implemented national security law in Hong Kong a year later which was seen as an erosion to the city's autonomy. [3] Hong Kong Watch, a UK-based human rights organisation, urged foreign governments to reconsider the roles of these representatives. [4]

In May 2024, British police uncovered an operation by the London HKETO that targets exiled Hong Kong activists, renewing calls to close the trade missions in both the UK and the US. [2]

Legislative history

HKETO in New York, in 2023 Hong Kong Economic and Trade Office, New York 2023 jeh.jpg
HKETO in New York, in 2023

The United States–China Economic and Security Review Commission published the annual report in November 2022 that considered Hong Kong security authorities has continued the assault on Hong Kong's freedom. The report also recommended reviewing the status of the HKETOs. Marco Rubio from the Senate and Chris Smith from the House, who was the chair of Congressional-Executive Commission on China (CECC), introduced the bill a month later, [2] [5] which was later lapsed as the 117th Congress came to an end. The bill was re-introduced on 17 February 2023. It calls on the President of the United States to "remove the extension of certain privileges, exemptions, and immunities to the HKETOs" and terminate their operations within 180 days if they determine that Hong Kong no longer enjoys a high degree of autonomy from China. [1]

The House Committee on Foreign Affairs passed the bill in November 2023, [6] prompting rebuke from Hong Kong. [7]

The House adopted the bill by 413–3 on 10 September 2024, as a series of China-related legislations were scrutinized during the "China week". [8] Those voted against include Nydia Velázquez and Mark Takano, who supported Hong Kong protestors in 2019 said the nay vote was an accident. Tom McClintock said the bill restricts trade and harms American economy, believing it should be decided by the Congress but not president. [9]

Reaction

China and Hong Kong

The Hong Kong government released a statement, calling the House's "fact-twisting attack on Hong Kong is politically driven", and violates international law while severely damaging the normal economic relations between the United States and Hong Kong. It added the "political manoeuvre"-legislation "maliciously slanders" the security laws in Hong Kong. [2] Commerce Secretary Algernon Yau said the bill is "purely political" without benefiting oneself, while Executive Council convenor Regina Ip urged US president Joe Biden not to sign the act. [10]

The Chinese embassy in the United States lodged a "solemn representation" denouncing the bill. [10] It criticized the United States for manipulating Hong Kong issues. Slamming the bill as one of the "sinister laws", the embassy threatened countermeasures if it continued to advance. [2]

United States

Chris Smith said the legislation is "a necessary next step in tangibly demonstrating our solidarity with the persecuted citizens of Hong Kong".

Several Hong Kong groups hailed the passage of the bill. Anna Kwok, executive director of the Hong Kong Democracy Council who was wanted by the Hong Kong government, said it "serves as a much-needed response to hold the Hong Kong government accountable for their blatant human-rights abuses". [1] The council also said it is a "major step forward" in holding HKETOs accountable. [11]

Related Research Articles

<span class="mw-page-title-main">Hong Kong Economic and Trade Office</span> Office for oversea affairs

The Hong Kong Economic and Trade Offices (HKETOs) are the trade offices of Hong Kong outside the territory. There are 14 HKETOs outside Hong Kong and China, and seven in China.

<span class="mw-page-title-main">Immigration Department (Hong Kong)</span> Hong Kong government department for immigration affairs

The Immigration Department of the Government of Hong Kong is responsible for immigration control of Hong Kong. After the People's Republic of China assumed sovereignty of the territory in July 1997, Hong Kong's immigration system remained largely unchanged from its British predecessor model. Residents from mainland China do not have the right of abode in Hong Kong, nor can they enter the territory freely, both before and after 1997. There are different regulations that apply to residents of Macau, another Special Administrative Region of China. In addition, visa-free entry acceptance regulations into Hong Kong for passport holders of some 170 countries remain unchanged before and after 1997.

<span class="mw-page-title-main">Hong Kong Trade Development Council</span> Statutory body

The Hong Kong Trade Development Council (HKTDC) is a statutory body established in 1966 as the international marketing dedicated to creating opportunities for Hong Kong's businesses. The organisation has fifty offices around the world, including 13 on the Chinese mainland. With more than 50 years of experience, its mission is to explore opportunities for Hong Kong companies, especially small and medium-sized enterprises (SMEs), and connect them with business partners around the world.

<span class="mw-page-title-main">Information Services Department</span> Hong Kong government department

The Information Services Department (ISD) is the Hong Kong Government's public relations office, publisher, advertiser, and news agency, serving as the link between the government and the media. It was also commonly called Government Information Services (GIS).

<span class="mw-page-title-main">Hong Kong Economic and Trade Office, London</span>

The Hong Kong Economic and Trade Office London is Hong Kong's representation in the United Kingdom. Apart from the United Kingdom, the Office is responsible for fostering trade and economic relations with countries including Denmark, Estonia, Finland, Latvia, Lithuania, Norway, Russia and Sweden. The Office promotes bilateral trade with and investment in Hong Kong, updates the business communities and multiplier organisations on important developments in Hong Kong. It also organizes official visits, seminars and liaison events in the countries concerned, and acts as a hub to support investors from these countries in their search for business opportunities in Hong Kong and mainland China.

<span class="mw-page-title-main">United States-Hong Kong Policy Act</span> United States law setting policy with respect to Hong Kong

The United States-Hong Kong Policy Act, or more commonly known as the Hong Kong Policy Act or Hong Kong Relations Act, is a 1992 act enacted by the United States Congress. It allows the United States to continue to treat Hong Kong separately from Mainland China for matters concerning trade export and economic control after the 1997 Hong Kong handover.

<span class="mw-page-title-main">Hong Kong–United States relations</span> Bilateral relations

Hong Kong–United States relations are bilateral relations between Hong Kong and the United States.

<span class="mw-page-title-main">Constitutional and Mainland Affairs Bureau</span> Policy bureau of the Hong Kong Government

The Constitutional and Mainland Affairs Bureau is a ministerial-level policy bureaux of the Government of Hong Kong responsible for the implementation of the Basic Law, including electoral matters and promotion of equal opportunities and privacy protection. The bureau also functions as the intermediary between the HKSAR Government and the Central People's Government and other Mainland authorities under the principles of "One Country, Two Systems", including the coordination of liaison between the HKSAR Government and Central authorities, promoting regional co-operation initiatives between Hong Kong and the Mainland, and overseeing the operation of offices of the HKSAR Government on the Mainland.

<span class="mw-page-title-main">Eric Chan</span> Hong Kong politician

Eric Chan Kwok-ki is a Hong Kong politician who is the incumbent Chief Secretary for Administration since 1 July 2022. He was also the secretary-general of the Committee for Safeguarding National Security (2020–2022). Previously, he served as Director of the Chief Executive's Office (2017–2022) and Director of Immigration (2011–2016).

<span class="mw-page-title-main">Political positions of Marco Rubio</span>

Marco Rubio is a Republican United States Senator from Florida. Rubio was a candidate for the Republican nomination for president of the United States in the 2016 election.

<span class="mw-page-title-main">Eunice Yung</span> Hong Kong barrister and politician

Eunice Yung Hoi-yan is a Hong Kong barrister and pro-Beijing politician. She is a former member of the New People's Party (NPP) and the Civil Force (CF). She became member of the Legislative Council of Hong Kong for New Territories East in 2016 and for Election Committee in 2021. She stepped down in December 2023 after her home was searched by the Hong Kong National Security Police.

<span class="mw-page-title-main">Hong Kong Human Rights and Democracy Act</span> U.S. law on Hong Kongs autonomy and human rights

The Hong Kong Human Rights and Democracy Act of 2019 (HKHRDA) is a United States federal law that requires the U.S. government to impose sanctions against mainland China and Hong Kong officials considered responsible for human rights abuses in Hong Kong, and requires the United States Department of State and other agencies to conduct an annual review to determine whether changes in Hong Kong's political status justify changing the unique, favorable trade relations between the U.S. and Hong Kong. The passage of the bill was supported by pro-democracy activists in Hong Kong, and in 2019 received near-unanimous support in Congress.

<span class="mw-page-title-main">Erick Tsang</span> Hong Kong government official

Erick Tsang Kwok-wai is a Hong Kong government official. Since 2020, he has been Secretary for Constitutional and Mainland Affairs, one of the principal officials of Hong Kong. Prior to that, he was Director of Immigration.

<span class="mw-page-title-main">Chris Tang</span> Hong Kong security minister

Chris Tang Ping-keung is a Hong Kong law enforcement administrator who has been serving as the Secretary for Security of Hong Kong since June 2021. Tang joined the Hong Kong Police Force in 1987 immediately after his graduation from the Chinese University of Hong Kong with a bachelor of social science in social work. He previously served as the Commissioner of Police of Hong Kong from 2019 to 2021, Deputy Commissioner of Police (Operations) from 2018 to 2019, and Director of Operations of the Hong Kong Police Force from 2017 to 2018.

<span class="mw-page-title-main">Inter-Parliamentary Alliance on China</span> International, cross-party alliance of parliamentarians

The Inter-Parliamentary Alliance on China (IPAC) is an international, cross-party alliance of parliamentarians from democratic countries focused on relations with the People's Republic of China (PRC), and specifically, the Chinese Communist Party (CCP). It was established on June 4, 2020, on the anniversary of the 1989 Tiananmen Square protests and massacre. The alliance comprises over 240 members from 27 legislatures and the European Parliament. Each legislature represented takes turns to chair the alliance on a rotating basis. Its purpose is to create a coordinated response to China on global trade, security and human rights.

<span class="mw-page-title-main">Hong Kong Autonomy Act</span>

The Hong Kong Autonomy Act is legislation passed by the United States Congress following the enactment in June 2020 by the Chinese Standing Committee of the National People's Congress of the Hong Kong national security law.

<span class="mw-page-title-main">Executive Order 13936</span> Executive order to normalize United States–Hong Kong relations

Executive Order 13936, entitled "The President’s Executive Order on Hong Kong Normalization", is an executive order signed by U.S. President Donald Trump on July 14, 2020. On the same day Trump had signed into law Hong Kong Autonomy Act, one of the laws from which the order derives authority. The act and the executive order are the U.S. response to the imposition of a controversial national security law in Hong Kong by the Standing Committee of the National People's Congress of China on June 30, 2020, which was described as "an unusual and extraordinary threat [...] to the national security, foreign policy, and economy of the United States" in the preamble.

<span class="mw-page-title-main">Algernon Yau</span> Hong Kong politician

Algernon Yau Ying-wah is the current Secretary for Commerce and Economic Development in Hong Kong, appointed on 1 July 2022 as part of John Lee's administration.

<span class="mw-page-title-main">2024 Hong Kong trade office spy case</span>

On 13 May 2024, the Metropolitan Police of London, United Kingdom, announced three men had been charged with national security offences for assisting Hong Kong intelligence service and foreign interference, including spying on Nathan Law and other exiled activists of Hong Kong. Yuen, one of the defendants, is Administrative Manager of Hong Kong Economic and Trade Office in London. The case has prompted condemnations from Chinese and Hong Kong governments.

<span class="mw-page-title-main">Chung Pui-kuen</span> Hong Kong journalist

Chung Pui-kuen is a Hong Kong journalist. Former chief editor of Stand News, a defunct Hong Kong online media outlet, Chung was convicted of sedition in 2024, the first since the city was handed over to China in 1997.

References

  1. 1 2 3 Jessie, Pang (2024-09-11). "US bill targets Hong Kong trade offices, drawing ire from city's government". Reuters.
  2. 1 2 3 4 5 Hutton, Mercedes (2024-09-11). "US House passes bill to close HK trade offices, as city slams 'interference'". Hong Kong Free Press HKFP. Retrieved 2024-09-13.
  3. Cheng, Selina (2021-04-19). "Exclusive: Hong Kong gov't spent millions on failed lobbying bid to defeat Washington's Human Rights and Democracy Act". Hong Kong Free Press HKFP. Retrieved 2024-05-18.
  4. "New Hong Kong Watch policy paper calls for host countries to review the status and rebrand Hong Kong Economic and Trade Offices". Hong Kong Watch. 2022-10-13. Retrieved 2024-09-13.
  5. Pena, Joanner (2022-12-15). "Rubio, Smith Introduce Bill to Remove CCP-Influenced Hong Kong Economic and Trade Offices from U.S." Senator Rubio. Retrieved 2024-09-13.
  6. "US House Foreign Affairs Committee marks up bill to review the status of Hong Kong Economic and Trade Offices". Hong Kong Watch. 2023-11-29. Retrieved 2024-09-13.
  7. Grundy, Tom. "US inches closer to closing Hong Kong representative offices, as local gov't slams 'malicious slander' | Hong Kong Free Press HKFP". hongkongfp.com. Retrieved 2024-05-18.
  8. "Hong Kong hits out at US Congress for passing a bill that could close its representative offices". AP News. 2024-09-11. Retrieved 2024-09-13.
  9. "美眾議院審經貿辦法案三人反對 一人稱投錯票 另一人提自由貿易重要性 (10:25) - 20240912 - 港聞". 明報新聞網 - 即時新聞 instant news (in Traditional Chinese). Retrieved 2024-09-13.
  10. 1 2 Standard, The. "HK strongly condemns 'US fact-twisting' move aimed at trade offices". The Standard. Retrieved 2024-09-13.
  11. "Hong Kong trade offices, academic exchange targeted in bills passed by US House". South China Morning Post. 2024-09-11. Retrieved 2024-09-13.