118 HRES 1069 IH: Demanding that the Government of the People’s Republic of China and the Chinese Communist Party immediately release Kai Li.
U.S. House of Representatives
2024-03-08
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Whereas Kai Li is being unjustly and arbitrarily detained by the Government of the People’s Republic of China, according to the United States Government;Whereas Kai Li is a United States citizen from Long Island and is a resident of New York;Whereas, on September 9, 2016, Kai Li was whisked away by agents from the Shanghai State Security Bureau;Whereas he was not allowed to have access to legal counsel while being harshly interrogated every single day at an unknown location for almost 3 months by state security agents;Whereas, on November 25, 2016, Chinese agents moved Kai to the Shanghai No. 1 Detention Center, where he would end up spending 28 months;Whereas, despite being informed that Kai’s case had been escalated for prosecution, officials still refused him access to legal counsel on the grounds that it would endanger national security
, even though Article 33 of China’s Criminal Procedure Law ostensibly allows defendants to entrust a defender after he/she is interrogated for the first time
;Whereas, on February 24, 2017, the procuratorate finally accepted Kai’s case nearly 6 months after his initial arrest, which enabled him to finally meet with his attorney;Whereas, on August 10, 2017, Kai’s trial was held by the Shanghai No. 1 Intermediate People’s Court after 2 unexplained adjournments, with United States diplomats prevented from attending, in apparent violation of Article 35 of the United States-China bilateral consular convention;Whereas, on his 55th birthday, Kai and his attorney were notified that following the trial, the case had been returned to the procuratorate for supplemental investigation
on September 30, 2017, before being returned to the Court on October 29;Whereas, on July 25, 2018, Kai was concurrently sentenced to 10 years in prison, a 50,000 renminbi (RMB) fine, and deportation;Whereas Kai’s crime was deemed serious
, and thus punishable by anywhere from 10 years fixed imprisonment to life imprisonment;Whereas, on February 22, 2019, Kai was transferred from the center to Qingpu Prison just over a month after his appeal hearing, which enabled him to receive semi-monthly visits from family in China, and to make 2 7-and-a-half minute phone calls a month to his wife and son in the United States; andWhereas, during his time in prison, Kai has suffered a stroke and other health related issues: Now, therefore, be itThat the House of Representatives—(1)demands that the Government of the People’s Republic of China and the Chinese Communist Party immediately release Kai Li;(2)condemns the Government of the People’s Republic of China and the Chinese Communist Party for refusing to provide Kai Li with—(A)regular unmonitored communication with his family;(B)access to United States diplomats; and(C)independent and competent medical care and evaluation; and(3)calls for the United States Government to deepen and prioritize efforts to secure the release of Kai Li, including by—(A)urging counterparts of the People’s Republic of China at every level of engagement to release Kai Li; and(B)using the voice and vote of United States diplomats in international forums to highlight Kai Li’s case.