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Opinion | Hong Kong must protest loudly against the US Human Rights and Democracy Act or live with being ‘just another Chinese city’

  • By calling Hong Kong’s status as a separate jurisdiction into question, the act strikes at the heart of the city’s economy
  • Hong Kong’s access to US technology and Western data, and its role in the Greater Bay Area, are under threat

Reading Time:4 minutes
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A man waves a US flag as protesters attend a rally in Central, Hong Kong, on October 14, calling on US politicians to pass a bill that could alter Washington’s relationship with the trading hub. Photo: AFP
The US Congress is poised to pass two pieces of legislation relating to Hong Kong – the Protect Hong Kong Act and the Hong Kong Human Rights and Democracy Act. The former would prevent sales of anti-riot weapons and equipment to the Hong Kong police. Fair enough – a ban will make American legislators feel good, though the Hong Kong force would easily find other sources for those items.
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Of real concern for Hong Kong is the other bill, which would require the US State Department to assess annually whether the special administrative region exercises the high degree of autonomy from mainland China that it is guaranteed under the Basic Law.

If the finding is that such autonomy is lacking, then the US could impose sanctions on Hong Kong and on individuals deemed to be involved in curtailing Hongkongers’ freedoms.

It would also allow the US government to withdraw recognition of Hong Kong’s special status as a jurisdiction separate from the mainland that should be treated accordingly, as stipulated in the Hong Kong Policy Act of 1992.

The House of Representatives has already passed both bills, while the Senate is expected to approve similar versions. Because the two pieces of legislation enjoy significant support among both Republicans, who control the Senate, and Democrats, who hold sway in the House, they could be passed before the current legislative session ends on December 12.

It would then be up to US President Donald Trump to sign them into law. It is hard to say what the unpredictable leader would do. He injected Hong Kong into the US-China trade talks and has tweeted about the issue – once advising Chinese President Xi Jinping, whom he described as “a good man in a ‘tough business’” who has “acted responsibly” with regard to the protests, to meet demonstrators. If Trump were to veto the bills, both chambers of Congress could override his decision.
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