Hong Kong Be Water Act

I 116TH CONGRESS 2D SESSION H. R. 5725 To impose sanctions under the Global Magnitsky Human Rights Account- ability Act to combat the suppression of the freedoms of speech, associa- tion, assembly, procession, and demonstration of the people of Hong Kong, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 30, 2020 Mr. GALLAGHER introduced the following bill; which was referred to the Com- mittee on Foreign Affairs, and in addition to the Committee on the Judi- ciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To impose sanctions under the Global Magnitsky Human Rights Accountability Act to combat the suppression of the freedoms of speech, association, assembly, procession, and demonstration of the people of Hong Kong, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Hong Kong Be Water 4 Act’’. 5 VerDate Sep 11 2014 02:13 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5725.IH H5725 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 5725 IH SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) APPROPRIATE CONGRESSIONAL COMMIT- 3 TEES.—The term ‘‘appropriate congressional com- 4 mittees’’ means— 5 (A) the Committee on Foreign Relations, 6 the Committee on Armed Services, the Select 7 Committee on Intelligence, the Committee on 8 Banking, Housing, and Urban Affairs, the 9 Committee on the Judiciary, and the Com- 10 mittee on Appropriations of the Senate; and 11 (B) the Committee on Foreign Affairs, the 12 Committee on Armed Services, the Permanent 13 Select Committee on Intelligence, the Com- 14 mittee on Financial Services, the Committee on 15 the Judiciary, and the Committee on Appro- 16 priations of the House of Representatives. 17 (2) BASIC LAW.—The term ‘‘Basic Law’’ means 18 the Basic Law of Hong Kong. 19 (3) FOREIGN PERSON.—The term ‘‘foreign per- 20 son’’ means an individual or entity that is not a 21 United States person. 22 (4) HONG KONG.—The term ‘‘Hong Kong’’ 23 means the Hong Kong Special Administrative Re- 24 gion of the People’s Republic of China. 25 VerDate Sep 11 2014 02:13 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5725.IH H5725 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 5725 IH (5) JOINT DECLARATION.—The term ‘‘Joint 1 Declaration’’ means the Joint Declaration of the 2 Government of the United Kingdom of Great Britain 3 and Northern Ireland and the Government of the 4 People’s Republic of China on the Question of Hong 5 Kong, done at Beijing December 19, 1984. 6 (6) KNOWINGLY.—The term ‘‘knowingly’’, with 7 respect to conduct, a circumstance, or a result, 8 means that a person has actual knowledge, or should 9 have known, of the conduct, the circumstance, or the 10 result. 11 (7) NATIONAL.—The term ‘‘national’’ has the 12 meaning given that term in section 101(a) of the 13 Immigration and Nationality Act (8 U.S.C. 14 1101(a)). 15 (8) UNITED STATES PERSON.—The term 16 ‘‘United States person’’ means— 17 (A) a United States citizen or an alien law- 18 fully admitted for permanent residence to the 19 United States; or 20 (B) an entity organized under the laws of 21 the United States or of any jurisdiction within 22 the United States, including a foreign branch of 23 such an entity. 24 VerDate Sep 11 2014 02:13 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5725.IH H5725 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 5725 IH SEC. 3. FINDINGS. 1 Congress makes the following findings: 2 (1) In February 2019, the Government of Hong 3 Kong proposed the ‘‘Fugitive Offenders and Mutual 4 Legal Assistance in Criminal Matters Legislation 5 (Amendment) Bill 2019’’ (in this section referred to 6 as the ‘‘extradition bill’’). 7 (2) The extradition bill would have allowed for 8 the extradition of individuals from Hong Kong to 9 the mainland of the People’s Republic of China for 10 the first time and offered minimal if any legal re- 11 course to those individuals identified for extradition. 12 (3) The extradition bill was but the latest ex- 13 ample of the steady encroachment of the Govern- 14 ment of the People’s Republic of China on the free- 15 doms guaranteed to the people of Hong Kong under 16 the Joint Declaration and the Basic Law. 17 (4) Millions of the people of Hong Kong have 18 taken to the streets in peaceful protests since the in- 19 troduction of the extradition bill in order to defend 20 Hong Kong’s democracy against predations by the 21 Government of the People’s Republic of China, as 22 enabled by Government of Hong Kong. 23 (5) The Government of Hong Kong has re- 24 sponded to those peaceful protests with force and 25 brutality, including by authorizing the use by the po- 26 VerDate Sep 11 2014 02:13 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5725.IH H5725 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 5725 IH lice of tear gas, water cannons, rubber bullets, and 1 beatings, resulting in the arrests and injuries of 2 thousands of people. 3 (6) On October 1, 2019, the Hong Kong police 4 fired live ammunition at a teenage protestor, mark- 5 ing a dangerous escalation in the Hong Kong police 6 force’s use of force against protestors. 7 (7) The Government of Hong Kong has invoked 8 the Emergency Regulations Ordinance in order to 9 expand the powers available to Hong Kong’s police 10 as they suppress protesters. 11 (8) The Government of Hong Kong has coopted 12 or coerced local companies like MTR Corporation 13 Limited and Cathay Pacific Airways Limited into fa- 14 cilitating the suppression of protests by denying 15 protestors’ access to reliable train services and ter- 16 minating staff who support the pro-democracy move- 17 ment. 18 (9) The Government of Hong Kong continues 19 to defy peaceful protestors’ rightful demands for the 20 resignation of Chief Executive of Hong Kong Carrie 21 Lam, an impartial inquiry into police brutality, and 22 greater democratic freedoms, as guaranteed to the 23 people of Hong Kong by the Government of the Peo- 24 ple’s Republic of China. 25 VerDate Sep 11 2014 02:13 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5725.IH H5725 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 5725 IH (10) The unwillingness of the Government of 1 Hong Kong to meet protestors’ demands is a direct 2 product of its role, not as a representative or pro- 3 tector of the people of Hong Kong, but rather as a 4 proxy for the regime of the Communist Party of 5 China in Beijing, which has demonstrated its intent 6 to impose its will on Hong Kong, including through 7 paramilitary or military force. 8 (11) The approach of that regime to Hong 9 Kong is not fundamentally dissimilar from the ap- 10 proach the regime has taken elsewhere in the Indo- 11 Pacific region and beyond, including by using eco- 12 nomic threats to compel Air Canada, Air France, 13 Apple, Audi, Blizzard Entertainment, British Air- 14 ways, Calvin Klein, Christian Dior, Coach, Dolce & 15 Gabbana, Google, Malaysia Airlines, Marriott Ho- 16 tels, the National Basketball Association, Qantas 17 Airlines, Swarovski, Tiffany & Co., and Versace into 18 remaining silent in response to its treatment of 19 protestors in Hong Kong. 20 SEC. 4. SENSE OF CONGRESS. 21 It is the sense of Congress that— 22 (1) the Government of the People’s Republic of 23 China has willfully violated the terms of the Joint 24 Declaration and the Basic Law; 25 VerDate Sep 11 2014 02:13 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5725.IH H5725 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 5725 IH (2) the steady encroachment of the Government 1 of the People’s Republic of China on the freedoms 2 and democracy of the people of Hong Kong reflects 3 the fundamentally totalitarian nature of the regime 4 of the Communist Party of China; and 5 (3) the totalitarian ambitions of the Communist 6 Party of China do not end in the territory of the 7 mainland of the People’s Republic of China, but 8 rather extend to the remainder of the Indo-Pacific 9 region, as part of a broader hegemonic vision that 10 would see the Government of the People’s Republic 11 of China exert domineering influence over the inter- 12 ests and behavior of other countries in that region. 13 SEC. 5. GLOBAL MAGNITSKY SANCTIONS WITH RESPECT TO 14 CERTAIN GOVERNMENT OFFICIALS THAT EN- 15 GAGE IN SUPPRESSION OF FREEDOMS OF 16 SPEECH, ASSOCIATION, ASSEMBLY, PROCES- 17 SION, AND DEMONSTRATION OF THE PEOPLE 18 OF HONG KONG. 19 (a) IN GENERAL.—Not later than 90 days after the 20 date of the enactment of this Act, and as appropriate 21 thereafter, the President shall impose the sanctions de- 22 scribed in subsection (c) with respect to each foreign per- 23 son described in subsection (b) if the President has cred- 24 ible information that the foreign person has knowingly 25 VerDate Sep 11 2014 00:42 Feb 01, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5725.IH H5725 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 5725 IH suppressed or facilitated the suppression of the freedoms 1 of speech, association, assembly, procession, or demonstra- 2 tion of the people of Hong Kong, as guaranteed under Ar- 3 ticle 27 of the Basic Law. 4 (b) FOREIGN PERSONS DESCRIBED.—A foreign per- 5 son described in this subsection is a foreign person who 6 is— 7 (1) a current or former official of the Govern- 8 ment of Hong Kong; 9 (2) a current or former official of the Govern- 10 ment of the People’s Republic of China; or 11 (3) acting on behalf of, or in cooperation with, 12 an official of either such Government. 13 (c) SANCTIONS DESCRIBED.—The sanctions de- 14 scribed in this subsection are the sanctions described in 15 section 1263(b) of the Global Magnitsky Human Rights 16 Accountability Act (subtitle F of title XII of Public Law 17 114–328; 22 U.S.C. 2656 note). 18 (d) REPORT ON IMPLEMENTATION.—Not later than 19 15 days after imposing sanctions under subsection (a), the 20 President shall submit to the appropriate congressional 21 committees a report regarding measures taken to imple- 22 ment this section. 23 (e) TERMINATION.—This section shall terminate on 24 the date on which the President determines and certifies 25 VerDate Sep 11 2014 00:42 Feb 01, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5725.IH H5725 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 5725 IH to the appropriate congressional committees that the Gov- 1 ernment of Hong Kong is no longer suppressing, or 2 complicit in the suppression of, the freedoms of speech, 3 association, assembly, procession, and demonstration of 4 the people of Hong Kong. 5 SEC. 6. FREEZING OF ASSETS OF CHINESE NATIONALS AND 6 STATE-OWNED ENTERPRISES UNDERMINING 7 THE AUTONOMY, BASIC LIBERTIES, AND 8 HUMAN RIGHTS OF THE PEOPLE OF HONG 9 KONG. 10 (a) IN GENERAL.—Not later than 90 days after the 11 date of the enactment of this Act, and as appropriate 12 thereafter, the President shall exercise all powers granted 13 by the International Emergency Economic Powers Act (50 14 U.S.C. 1701 et seq.) to the extent necessary to block or 15 prohibit all transactions in property and interests in prop- 16 erty of each foreign person described in subsection (b) that 17 the President determines has attempted to undermine the 18 autonomy, basic liberties, and human rights of the people 19 of Hong Kong, if such property and interests in property 20 are in the United States, come within the United States, 21 or are or come within the possession or control of a United 22 States person. 23 (b) FOREIGN PERSONS DESCRIBED.—A foreign per- 24 son described in this subsection is— 25 VerDate Sep 11 2014 00:42 Feb 01, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5725.IH H5725 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 5725 IH (1) a national of the People’s Republic of 1 China; 2 (2) an entity owned or controlled by the Gov- 3 ernment of the People’s Republic of China; or 4 (3) an individual who is a member of the board 5 of directors, an executive officer, or a senior official 6 of an entity described in paragraph (2). 7 (c) INAPPLICABILITY OF NATIONAL EMERGENCY RE- 8 QUIREMENT.—The requirements of section 202 of the 9 International Emergency Economic Powers Act (50 10 U.S.C. 1701) shall not apply for purposes of this section. 11 SEC. 7. EXCEPTIONS; WAIVERS. 12 (a) EXCEPTION FOR HUMANITARIAN ASSISTANCE.— 13 The requirement to impose sanctions under sections 5 and 14 6 shall not apply with respect to activities to provide hu- 15 manitarian assistance to the people of Hong Kong. 16 (b) EXCEPTION FOR INTELLIGENCE ACTIVITIES.— 17 The requirement to impose sanctions under sections 5 and 18 6 shall not apply with respect to activities subject to the 19 reporting requirements under title V of the National Secu- 20 rity Act of 1947 (50 U.S.C. 3091 et seq.), or any author- 21 ized intelligence activities of the United States. 22 (c) EXCEPTION RELATING TO IMPORTATION OF 23 GOODS.— 24 VerDate Sep 11 2014 00:42 Feb 01, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5725.IH H5725 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 5725 IH (1) IN GENERAL.—The authorities and require- 1 ments to impose sanctions authorized under this Act 2 shall not include the authority or requirement to im- 3 pose sanctions on the importation of goods. 4 (2) GOOD DEFINED.—In this subsection, the 5 term ‘‘good’’ means any article, natural or manmade 6 substance, material, supply or manufactured prod- 7 uct, including inspection and test equipment, and ex- 8 cluding technical data. 9 (d) WAIVER.—The President may waive the imposi- 10 tion of sanctions under section 5 or 6 with respect to a 11 foreign person if the President determines and reports to 12 the appropriate congressional committees that the waiver 13 is— 14 (1) in the national security interests of the 15 United States; or 16 (2) necessary to prevent undue economic harm 17 to the people of Hong Kong. 18 SEC. 8. IMPLEMENTATION; REGULATIONS; PENALTIES. 19 (a) IMPLEMENTATION.—The President may exercise 20 all authorities provided to the President under sections 21 203 and 205 of the International Emergency Economic 22 Powers Act (50 U.S.C. 1702 and 1704) to carry out this 23 Act. 24 VerDate Sep 11 2014 00:42 Feb 01, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5725.IH H5725 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 5725 IH (b) REGULATORY AUTHORITY.—The President shall 1 issue such regulations, licenses, and orders as are nec- 2 essary to carry ou [Text truncated for display. Full text available on Congress.gov.]