Placing Restrictions on Teargas Exports and Crowd Control Technology to Hong Kong Act

Floor Speech

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Mr. McGOVERN. Mr. Speaker, I want to thank my colleague from California for his leadership.

I rise in support of H.R. 4270, the Placing Restrictions On Teargas Exports and Crowd Control Technology to Hong Kong Act, the PROTECT Hong Kong Act.

I am proud to have introduced this bipartisan legislation, along with my colleagues Chris Smith and Ro Khanna, that responds to the excessive and unnecessary use of force by the Hong Kong police, targeting those engaged in peaceful protest. I want to thank the chairman and ranking member of the Foreign Affairs Committee for bringing this bill so quickly before the House for consideration.

The PROTECT Hong Kong Act prohibits U.S. exports of defense articles, munitions, and police equipment to Hong Kong. Specifically, it stops U.S. exports of teargas, pepper spray, grenades, rubber bullets, guns, semiautomatic rifles, and such defense articles and munitions to the police.

Let's be clear about what is happening in Hong Kong right now. Millions of people from all walks of life, including: young people, students, women, seniors, entrepreneurs, teachers, civil servants, and workers are standing up to the most powerful, authoritarian government in the world. Protesters have inspired the world as they risk their lives, their health, their jobs, and their education to fight for the future of Hong Kong. They are savvy and strategic. They are using technology to mobilize, stay anonymous, and organize. They are capturing and extinguishing teargas containers.

They have taken down, taken apart, and shown the world increasing surveillance cameras that monitor everyday Hong Kongers. They are using art, music, laser pointers, and the projection of messages on building to highlight their struggle.

They organized a human chain of 200,000 people spanning 37 miles. Tenants in Hong Kong's residential buildings organize the shouting of slogans from their windows every night with calls and responses echoing throughout the city. The people of Hong Kong have made their voices loud and clear.

But instead of listening to them, the Chinese and Hong Kong Governments have mishandled the situation at every turn. The world has now seen eyewitness evidence compiled by journalists and the media showing that police have used excessive force and used equipment in violation of manufacturer guidelines and international standards.

We have seen the police firing rubber bullets and bean bag rounds at peaceful protesters at close range. We have seen them launching teargas canisters, from high buildings and directly at individuals, into crowded and enclosed areas.

We have seen them failing to give demonstrators visible and audible warning before firing, and we have seen them use batons to beat and subdue demonstrators and disperse journalists.

In fact, the situation has been so bad that in June, the British Government suspended export licenses for the sale of teargas and crowd control equipment until concerns about human rights abuses are addressed.

On August 13, the U.N. High Commissioner for Human Rights called for an investigation of the use of crowd control tactics in Hong Kong.

Enough is enough. It is time for American companies to stop selling weapons that are being used to suppress peaceful protests. Instead of heeding international calls to stop the crackdown, the Hong Kong Government continues to make matters worse.

On October 1 alone, 269 arrests of protesters, spanning the ages of 12 to 71 were made. Two teenage protesters had been shot with live ammunition, and the uptick of violence against journalists has further served to inflame public anger against the government and the police.

Instead of establishing an independent commission of inquiry on police conduct to deescalate the situation, the Hong Kong Government has formally invoked the Emergency Regulations Ordinance to ban the use of masks during public assemblies. This is an impractical and draconian step to move the city closer to martial law.

The Hong Kong Government should repeal this regulation and refrain from bypassing oversight and scrutiny by the legislative council in making ad hoc regulations. An intensified crackdown will only escalate and promote violence, and further tarnish the reputation of Hong Kong and its police force.

At a minimum, it is beyond time for Congress to send a clear message that the United States supports the people of Hong Kong, and that we will no longer provide assistance to crack down on pro-democracy protesters. I urge all of my colleagues to support H.R. 4270, the PROTECT Hong Kong Act.

Mr. SMITH of New Jersey.

Mr. Speaker, first of all, let me say, I appreciate and respect the eloquent remarks of the Speaker just a few moments ago. We are united on Hong Kong. I think that is very clear, and we have been working together, along with a number of other Members, including some former Members, like Frank Wolf from Virginia, who are united in believing that freedom, and democracy, and respect for human rights is everybody's business, and everybody is entitled to it. These are God- given rights. So, again, I want to thank the Speaker for her wonderful remarks.

Mr. Speaker, I rise today in support of H.R. 4270, the PROTECT Hong Kong Act, sponsored by Chairman Jim McGovern, and I am very proud to be a cosponsor on it. The PROTECT Hong Kong Act mandates export restrictions on defense articles and munitions to the Hong Kong police.

As the largest protest movement Hong Kong has ever seen continues into its fifth month, major concerns have arisen about the Hong Kong police's independence and professionalism. The people of Hong Kong are rightfully furious about well-documented cases of excessive force, brutal tactics, and the tolerance of violence against protesters and journalists by the government.

The Hong Kong police's actions are now a cause in and of themselves of protest. There has been widespread police misuse of crowd control equipment and less lethal weaponry, including incidents that have seriously injured journalists. Police have used teargas, rubber bullets, water cannons, sponge grenades, pepper spray, and batons against demonstrators, some of which, indeed, are American-made equipment. In recent weeks two protesters have been shot with live rounds.

Meanwhile, while we discuss a move to ban the sale of such offensive equipment, the Hong Kong Government, via executive fiat, has simultaneously moved to ban the use by demonstrators of defensive equipment used to protect themselves against police attacks; namely, gas masks and face masks.

The PROTECT Hong Kong Act will prohibit the issuing of licenses for the export of munitions and crowd control equipment to the Hong Kong police. The Secretary of State, in consultation with the Secretary of Commerce and other relevant Federal agencies, will also be required to issue a report on what has been sold to the Hong Kong police over the past several years.

These prohibitions will remain in effect until these incidents are independently examined and the Hong Kong police have demonstrated truly professional conduct.

In sum, the U.S. should not be complicit in any way, shape, or form in violence being used to squash the legitimate demands guaranteed to the Hong Kong people by international treaty. That is unacceptable, and it is contrary to U.S. interests, and it is contrary to U.S. law.

I strongly support unanimous support for this measure, and I reserve the balance of my time.

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