Opinion | The Hong Kong Human Rights and Democracy Act is a sledgehammer the US can use to crush Hong Kong

A study of the provisions of the new law reveals America’s intentions lie less in protecting Hong Kong freedoms than targeting China’s – and thus Hong Kong’s – rise as a serious competitor in hi-tech and economic advances

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A child holds a poster depicting the US flag and US President Donald Trump, during an anti-government rally in Hong Kong on December 1 last year. In the US Human Rights and Democracy Act, the US calls on its allies in the Pacific to “promote human rights and democracy in Hong Kong”. Photo: AP

Published: 9:30am, 12 Jan 2020Updated: 9:30am, 12 Jan 2020

The United States’ Hong Kong Human Rights and Democracy Act of 2019 represents the first major review of its policy towards Hong Kong since 1992. Ever since its introduction into US Congress, public attention in Hong Kong has fixated on the provisions on sanctions.

Yet, scant attention has been paid to the final version signed by President Donald Trump, which contains subtle changes with far-reaching implications for Hong Kong.

Take, for example, the provisions regarding sanctions. Sanctions could be imposed by way of asset blocking or visa denial. Compared to the version passed by the House of Representatives, visa denial will only apply to foreign persons identified as having undermined “fundamental freedoms and autonomy”, but not to their “immediate family members”. Furthermore, a “sunset” clause was introduced whereby any sanctions imposed, and Section 7 which provides for the imposition of sanctions, will expire five years after the date of enactment.

Many have overlooked more important provisions, such as those concerning whether Hong Kong remains “sufficiently autonomous” to merit treatment under US laws different from that accorded to China – a differentiation perceived as pivotal to maintaining Hong Kong’s special status in the nation and in the eyes of the international community.

To resolve the difficulty of determining whether Hong Kong remains “sufficiently autonomous”, Section 4 amends the US-Hong Kong Policy Act of 1992 by stipulating comparison with the way US laws were applied to Hong Kong before July 1, 1997.