An armored police vehicle is parked outside the Legislative Council complex in Hong Kong, China, on March 19, 2024. (Vernon Yuen via Getty Images)

This week, the Chinese Communist Party implemented a new, even more restrictive Hong Kong national security law—an NSL 2.0.

Senior Fellow Olivia Enos explains why this bill is a death knell for civil and political liberties in Hong Kong and lays out three steps the United States can take to stand on the side of freedom, support the Hong Kong people, and hold the CCP accountable.

Key Insights

1. Issue targeted sanctions against individuals and entities responsible for implementing, enforcing, prosecuting, and ruling on the 2020 national security law and the NSL 2.0. 

The US government can use preexisting sanctions authorities under the Hong Kong Human Rights and Democracy Act, the Hong Kong Autonomy Act, and the Global Magnitsky Act, among others. Current legislation, the Hong Kong Judicial Sanctions Act, puts forth a list of nearly 50 Hong Kong judges and prosecutors ripe for sanctioning. The Congressional-Executive Commission on China has also put forth a list of names of individuals in Hong Kong to be sanctioned and is actively calling for sanctions in response to NSL 2.0. Individuals responsible for undermining freedom in Hong Kong should face consequences for their actions—especially those responsible for the law’s creation and implementation.

2. Revoke special privileges and immunities conferred to Hong Kong Economic and Trade Offices (HKETOs) and any other Hong Kong government–affiliated bodies operating in the US.

At present, HKETOs in cities across the US enjoy special treatment akin to diplomatic privileges and immunities. After the US determined that Hong Kong is no longer sufficiently autonomous to merit separate treatment under US law, policymakers should have revoked these privileges and immunities. The passage of NSL 2.0 makes the distinction between Beijing and Hong Kong meaningless, so Hong Kong should no longer receive separate diplomatic recognition from the People’s Republic of China. Current legislation, the Hong Kong Economic and Trade Office Certification Act, proposes a process whereby the US government would have to determine whether HKETOs continue to merit special treatment. A move to revoke special privileges would diminish the offices’ influence and rightly recognize the role they play in currying favor for Beijing.

3. Extend permanent safe haven to Hong Kongers who need refuge in the US. 

The executive branch has the authority to designate Hong Kongers as a group that merits “special humanitarian concern,” extending to them permanent safe haven under the Priority 2 Refugee Program (P-2). Individuals eligible for P-2 refugee status can bypass referral from nongovernmental organizations, embassies, and the United Nations High Commissioner for Refugees (UNHCR). P-2 refugees are instead vetted directly by the US government in a thorough but expedited manner. Given the permanent state of affairs in Hong Kong, the Biden administration should consider extending a permanent avenue for resettlement.

Quotes may be edited for clarity and length. 

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