Hong Kong Human Rights and Democracy Act of 2019

Floor Speech

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Mr. RUBIO. Mr. President, in a moment here, as my colleagues gather, we hope to pass the Hong Kong Human Rights and Democracy Act.

I first acknowledge all of the people who worked so hard on it--our staffs, obviously, and, in addition, Senators Cardin, Risch, Menendez, and over 50 cosponsors, many of whom will join us here this evening. I also thank Leaders McConnell and Schumer for their support in helping us get here. I thank Chairman Crapo, who has helped us make some important changes at the end that will make the sanctions easier to implement.

A lot of people have been watching on the news the protests that have been going on in Hong Kong and are wondering as to, perhaps, the depths of what it is all about.

When the United Kingdom handed Hong Kong over to China, they signed an agreement that is known as the Joint Declaration. It basically guarantees a high degree of autonomy and freedom of the people of Hong Kong. As a result of that agreement, the United States has treated commerce and trade with Hong Kong differently than it has its commercial and trade activity with the mainland of China. What has happened over the last few years is the steady effort, on the part of Chinese authorities, to erode that autonomy and those freedoms.

The most recent protests really began with a proposal to pass an extradition law that would allow the Chinese Government to basically have arrested and extradite someone in Hong Kong over to the mainland. There was a huge pushback against that, and protests emerged as a result of it. Even though the Government of Hong Kong has pulled out from pursuing that law, the protests have continued because the people of Hong Kong have seen what is coming. They see the steady effort to erode their autonomy and their freedoms.

The response by the Hong Kong authorities, with its having been under tremendous pressure from Beijing, has been that of violence and repression. So far, over 5,000 people have been arrested in Hong Kong. The youngest has been 12 years of age. The oldest has been 82. Hundreds more have been injured by violence committed by police authorities but also by street gangs--criminals, thugs--who have been empowered and encouraged by the Chinese authorities.

This effort by China to exert control and remove autonomy continues unabated. Here are some examples. There was a law that was passed that banned wearing masks, and a Hong Kong court ruled that the ban was unconstitutional. The so-called National People's Congress in Beijing today ruled that Hong Kong courts have no authority--no power--to review Hong Kong Government legislation. Under pressure from Beijing, the Government of Hong Kong threatened to cancel the November 24 elections--elections, by the way, that China has been interfering in. China has pushed to ban critics, like Joshua Wong, from running. Seven candidates who are running have been attacked by street gangs during this campaign, and two candidates have been arrested while campaigning.

And now for the latest move, China is pushing the Hong Kong Government to pass what they call the new national security law--a law that would allow them to arrest political critics and opponents. If this passes, if that happens, that is the very definition of control and de facto proof of all loss of autonomy.

By the way, China is also pushing for something very ominous. They call it patriotic education. What China is really pushing for in Hong Kong is moving from ``one country, two systems'' to ``one country, one system''--the Chinese system.

So the bill that we will bring up here in a moment, with tremendous bipartisan support, requires five quick things that I will touch on.

First, its most important element is that it requires the Secretary of State to annually certify whether Hong Kong warrants being treated differently than China. If Hong Kong is no longer autonomous--and that is the rationale for different treatment--then, they should no longer receive that treatment.

It says that students in Hong Kong shouldn't be barred from entering the United States or getting a visa to study here, for example, because they have been the subject of a politically motivated arrest or detention.

It says that for the next 7 years, the Secretary of Commerce is going to report on whether export controls and sanction laws are being enforced by the Government of Hong Kong or whether China is using Hong Kong as a back door to evade export controls and sanctions.

It says that if Hong Kong ultimately returns and passes that extradition bill that China wants, the President has to present a plan to protect Americans from this law.

Last but not least, it mandates that the President identify and sanction foreigners the President determines, based on credible information, who are responsible for extraditions, for arbitrary detention, for torture, or for forced confessions inside of Hong Kong or any other human rights violations in Hong Kong.

By the way, it would also allow blocking the assets of these persons if those assets are located here in the United States.

So, in a moment here, as we continue to gather, we are waiting the arrival of companion legislation.

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Mr. RUBIO. Madam President, as in legislative session, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 238, S. 1838.
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