[Congressional Record Volume 166, Number 122 (Thursday, July 2, 2020)]
[Senate]
[Pages S4179-S4180]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HONG KONG AUTONOMY ACT
Mr. TOOMEY. Mr. President, I am here on the Senate floor with my
colleague from Maryland. I am here this morning, in part, to condemn
the Chinese Communist Party's actions, their efforts to swallow Hong
Kong into the mainland and silence the dissent of the people of Hong
Kong, but I am also here to do something about that.
For decades, Hong Kong has been one of the most successful, thriving
societies on the planet. An indispensable part of their success has
been their freedom. Hong Kong has enjoyed a vibrant free press, free
speech, freedom to worship. They have had an independent judiciary and
a partially democratic electoral representative system of government
for a long time now.
Hong Kong is one of the freest places in Asia and, because of these
freedoms and the Hong Kong people's natural entrepreneurial spirit,
Hong Kong is just one of the most successful and vibrant cities there
has ever been.
Yet for years--maybe because of this--the Chinese Communist Party has
pursued a systematic campaign to snuff out these basic freedoms in Hong
Kong and bring the Hongkongers who live there into line. The intensity
of the Chinese Communist Party's aggression appears to be growing by
the day.
Their campaign shouldn't be very surprising. Just look at the recent
actions: the genocidal action toward the Uighurs in Xinjiang or the
aggressive action toward neighboring countries in the South China Sea--
or toward the entire world, since the COVID-19 virus was first detected
in Wuhan and the Chinese Government lied to us about its nature.
Fundamental principles, such as freedom and transparency, the just
rule of law--these ideas are entirely antithetical to the core of the
Chinese Communist Party's mission. I think that, several years from
now, we are going to look back on July 1 of 2020 as a milestone in the
Chinese Communist Party's aggression and hostility toward Hong Kong.
Yesterday was the first day that the Chinese Communist Party's new
so-called national security law went into effect. News reports
described the law as ``tailor-made to bring Hong Kong's massive pro-
democracy movement to heel.''
This picture was taken within the last 48 hours--thousands and
thousands of people of Hong Kong taking to the streets to simply demand
their freedoms--peacefully--to protest, to insist that they continue to
have the freedoms that help make their society such a great society.
Tragically, 300 of these people were arrested last night simply
because they were protesting the Chinese Communist Party. Some of the
arrests were made because Hongkongers possessed items that called for
Hong Kong's independence. That is right--people arrested simply for
holding a sign, arrested for holding a flag. Among them was a 15-year-
old girl--a 15-year-old girl. Her crime: She held a flag that said
``Hong Kong independence.'' Another was a 19-year-old young man. His
crime was that he had a pro-democracy sticker on his phone. Imagine--
imagine the nerve of wanting to have self-determination and expressing
that with a sticker on your phone. So he was arrested.
His parents attempted to visit their son in jail and bring him
dinner, and the police refused their visit. It is not at all clear if
this young man will be able to get out even on bail.
So the Chinese Communist Party has very rapidly started enforcing
this new law, and I think it is because they realize what is at stake.
They know that the people of Hong Kong fervently believe in the
importance of an open and free society. They believe in and they want
the ability to practice liberal values, and they want a system of
transparent, accountable government, one that is elected by and
responsive to the people.
See, the vision of the people of Hong Kong for their own city, for
their society, is anathema to the Chinese Communist Party because the
Chinese Communist Party's deepest fear is that mainland Chinese
citizens will demand the freedoms that Hongkongers enjoy, and that
quest for freedom on the mainland would pose an unacceptable risk to
the authoritarian control of the Communist regime.
So the Chinese Communist Party is cracking down. We have been
witnessing it just in recent hours. This new so-called national
security law was unilaterally imposed on the people of Hong Kong
without any input from the people of Hong Kong, and that is in direct
contravention to Chinese commitments to Hong Kong and the international
community. The law was also purposefully written in a very vague and
ambiguous manner, designed to essentially criminalize any behavior or
speech on the part of a resident of Hong Kong that the Chinese
Communist Party does not approve of.
Now, the law may be ambiguous, but the message behind it is not. If a
19-year-old can now be imprisoned for having a sticker on his phone or
a 15-year-old girl can be imprisoned for having a flag, then no one is
safe, and that is the message that Beijing wants to send to the people
of Hong Kong: We can arrest you. We can imprison you if you misbehave.
So think twice about what you say, where you go, with whom you meet,
what you read, what you write. Maybe even think twice about what you
think.
This law, sadly, looks like it means the end of Hong Kong's autonomy
and the freedoms which underpin its social and economic vibrancy. And
we are seeing the effects: As I said, hundreds of arrests that occurred
just yesterday as tens of thousands of courageous Hongkongers--here we
see some of them--poured into the streets to shout and chant and
demonstrate peacefully, to tell the Chinese Communist Party that they
are not going to back down.
We have also seen Hongkongers who have been forced to scrub their
social media history, booksellers who were intending to remove books
from their shelves, Hong Kong pro-democracy political figures saying
that they have to lessen their activism and rethink their strategy.
How can you blame them? How can you blame them? They could face years
in prison if the Hong Kong authorities, at the bidding of the people in
Beijing, choose to target them.
I think we can fully expect independent media voices in Hong Kong to
be shuttered and Beijing's censorship and surveillance apparatus to
flourish in the coming months and years.
The fact is, Hong Kong's vibrancy is being throttled by the Chinese
Communist Party.
So I am on the Senate floor today to request passage of a piece of
legislation that responds to this. I am pleased to report it has
already received unanimous support from both Chambers of Congress. I
introduced this legislation with my colleague Senator Van Hollen of
Maryland to create real penalties on those responsible for this
campaign by the Chinese Communist Party to end Hong Kong's free way of
life.
It is called the Hong Kong Autonomy Act, and the bill would impose
mandatory sanctions on anyone involved in taking action to attack the
basic freedoms that were promised to the people of Hong Kong.
Critically, our legislation also takes another step. It penalizes
banks that choose to finance the erosion of Hong Kong's autonomy, banks
that would put marginal profits ahead of the basic human rights of the
people of Hong Kong.
I am really pleased that we are here this morning. I think we are on
the verge of sending this legislation to the President's desk because
America needs to take meaningful steps like this to push back on the
Chinese Communist Party.
We should remember that this aggression toward Hong Kong is not
limited to Hong Kong. The Chinese Communist Party is intent to spread
its influence and power worldwide, and in the process, it is meant to
simultaneously undermine and challenge free and open societies. I
should point out that the spread of the Chinese Communist Party
influence around the world poses a very real threat to us, to
Americans, to our national and economic interests.
That is part of why the Hong Kong Autonomy Act is so important. It is
not only an effort to shield freedom-loving Hongkongers from this
continuing escalation of aggression by the
[[Page S4180]]
Chinese Communists, but the bill is a larger signal to China. It is a
message that the United States and the free world are no longer willing
to look past some of the worst behavior that has been occurring. It is
a message that our patience has run out.
China is being warned to expect stiff resistance--stiff resistance to
stealing American intellectual property, to committing genocide against
religious minorities like the Uighurs, to militarizing artificial
islands and infringing on other nations' sovereign waters, and
trampling on the basic freedoms of the people of Hong Kong.
I could go on, but suffice it to say that this is occurring in the
context of a great battle--the great battle about what model the world
is going to pursue. Will the citizens of the United States and other
democratic nations around the world continue to foster the liberal
democratic model that spread around the world after World War II, with
open societies, the just rule of law, greater economic freedom
underpinned by respect for private property, basic human rights like
the freedom of speech and the freedom of a free press and the freedom
to worship?
All of the prosperity and the elevation of human dignity that comes
from human freedom and democratic values from our model--that is the
model that is up against the dark shadows of the authoritarian
governments that are constantly pushing to systematically erode,
corrode, and warp the values and freedoms that we cherish. Through this
bill, the U.S. Senate makes clear which side we are on.
At this point, I would like to yield to the Senator from Maryland.
The PRESIDING OFFICER. The Senator from Maryland.
Mr. VAN HOLLEN. Mr. President, I want to salute my friend and
colleague, the Senator from Pennsylvania, Mr. Toomey, for his remarks
and for his leadership on this very vital issue of standing up for the
rights and freedom of people in Hong Kong and, as he said, sending a
signal to others around the world who would seek to stamp out human
rights and political freedom.
When Senator Toomey and I saw that the Chinese Communist Party was
taking its more recent steps to crack down on freedom in Hong Kong, we
introduced the Hong Kong Autonomy Act. That act just passed the U.S.
Senate unanimously last week and was sent to the House of
Representatives.
This is a very fast turnaround from either of the Chambers in the
U.S. Congress. I want to thank Speaker Pelosi and her Republican
partner and all the Democrats and Republicans in the House of
Representatives for coming together so quickly on this legislation.
The legislation before us made a technical fix to the bill that
Senator Toomey and I introduced in which this Senate passed out last
week a technical fix to comply with the constitutional requirements as
to where a bill that might generate revenue begins.
With that technical fix, Speaker Pelosi and the Republican leadership
sent it right back. Why did they send it right back so quickly? Because
this is an urgent moment. In fact, our timing could not be more
critical. On Tuesday, President Xi imposed a national security law on
Hong Kong by fiat. It was only after the law was passed that Beijing
unveiled its provisions. Even Hong Kong's Chief Executive and President
Xi loyalist, Carrie Lam, said she hadn't been allowed to see a draft
before the law's passage.
As Senator Toomey indicated, this law is written broadly enough that
it will criminalize speech and peaceful assembly. Anybody who publishes
anti-Beijing viewpoints could be punished by life in prison. Saying
anything seen to be undermining the ruling Communist Party's authority
would be a violation.
This is consistent with mainland China's approach, which has
virtually eliminated independent journalism and severely restricted
NGOs.
Here are some highlights of the law that was just passed--I should
say, imposed. It now mandates that the Hong Kong Government undertake
``national security education'' in school, social organizations, and
media outlets. The law mandates that anyone entering public office in
Hong Kong swear allegiance to Beijing.
What is more, the law applies to anyone, anywhere. It can even apply
to offenses committed outside the region by a person who is not a
permanent resident of the region. That means a U.S. citizen penning an
editorial that argues for sanctions against China could technically
fall afoul of the new law for ``inciting hatred'' against Beijing.
Legal experts believe this is even broader than the Chinese criminal
law applied in mainland China.
Senator Toomey said, despite this--despite this threat, despite
passage of a law that would punish people for up to life imprisonment
for expressing their views, thousands of protesters took to the streets
yesterday and staged the largest rally in Hong Kong this year. Hundreds
of Hong Kong police officers moved in swiftly to quash dissent and
implement the law. Police fired tear gas, pepper spray, and water
cannons to disperse the protesters.
The police then issued a statement that noted some protesters were
chanting ``Hong Kong independence, the only way out.'' The statement
said such slogans are ``suspected to be inciting or abetting others to
commit secession'' and may violate the new law.
The United States must stand with the people of Hong Kong. That is
what this bill says. This bill says we stand with the people of Hong
Kong.
As Senator Toomey indicated, it would impose mandatory sanctions on
individuals in firms who violate China's obligations to the people of
Hong Kong under the joint declaration and the basic law--rights of
freedom of speech and equality before the law, freedom of association,
and the right from arbitrary or unlawful arrest, detention, and
imprisonment. It goes beyond that to impose mandatory sanctions on
banks that do business with individuals who are complicit in
undermining these freedoms and the rights of the people of Hong Kong.
I am glad we acted quickly. As you can see, the Government of China
is moving by the day to squash the rights and freedoms of the people of
Hong Kong. We need to move with urgency to send a statement that we
stand with the people of Hong Kong.
In a moment, I am going to be joining my colleague, Senator Toomey,
in asking for unanimous consent. Before I turn it back over to him, let
me just say, assuming we get that--and it looks like we will--I hope
President Trump will sign this immediately--immediately.
As a country, Republicans and Democrats together need to send a
strong signal that we will not stand for the actions of Beijing,
undermining their own agreements--agreements under international law,
which they are bound to, and we will not stand still in silence and do
nothing while they crack down on freedom in Hong Kong.
I yield to Senator Toomey from Pennsylvania.
The PRESIDING OFFICER. The Senator from Pennsylvania.
Mr. TOOMEY. Mr. President, again, let me stress how grateful I am for
the passionate, persuasive, and very effective advocacy of Senator Van
Hollen throughout this entire effort. I am very grateful to him, as I
am to other colleagues who helped make this happen.
As in legislative session, I ask unanimous consent that the Senate
proceed to the immediate consideration of H.R. 7440, which was received
from the House.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (H.R. 7440) to impose sanctions with respect to
foreign persons involved in the erosion of certain
obligations of China with respect to Hong Kong, and for other
purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. TOOMEY. Mr. President, I ask unanimous consent that the bill be
considered read a third time and passed and that the motion to
reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The bill (H.R. 7440) was ordered to a third reading, was read the
third time, and passed.
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