the Bureau of East Asian and Pacific Affairs

“ Once travel resumed, however, some U.S. citizens with ties to people or organizations that have been critical of the Hong Kong or PRC central governments were held and questioned by immigration authorities upon entering Hong Kong regarding their local contacts. Since the imposition of the NSL in June 2020, the PRC increasingly exercised police and security power in Hong Kong, subjecting U.S. citizens who are publicly critical of the PRC to a heightened risk of arrest, detention, expulsion, or prosecution in Hong Kong. ”

“ The Hong Kong legal system continued to be based on common-law traditions, though the continued enforcement of the NSL, as well as the NPCSC's December 2022 interpretation of the NSL, raised serious concerns about the judicial system's continued independence. Property rights were well-protected in law and practice. Hong Kong maintained its own currency, pegged to the U.S. dollar. The Hong Kong Monetary Authority set monetary policy autonomously from the People's Bank of China, and Hong Kong's financial regulators continue to act independently from their mainland China counterparts. ”

“ Authorities continued to employ legal procedures under the NSL in cases with non-NSL charges, such as sedition and commercial fraud. Independent media outlets continued to close, citing Hong Kong's restrictive political environment. Under direction from the PRC, Hong Kong authorities continued to restrict political expression in schools and universities, impose "national security education" in all publicly funded institutions, and penalize teachers and academics who expressed dissenting opinions. ”

“ In cases where authorities assert a nexus with national security, there is little to no expectation of a fair trial or associated fair trial guarantees and other applicable legal protections.
Hong Kong and PRC authorities continued to target civil society groups, media companies, activists, journalists, political parties, labor unions, and other individuals and organizations that they accused of being connected to Hong Kong's prodemocracy movement or otherwise critical of the local or central government. ”

“ In October 2022, Lai was convicted of two counts of fraud related to a lease agreement for office space and was subsequently sentenced to five years and nine months in prison. Pro-democracy activists described the prosecution as part of a harassment campaign by Hong Kong authorities and noted that Lai's alleged offense, subletting a small amount of office space, would historically have been resolved through civil courts or with a small fine rather than a prison sentence. ”

“ Hong Kong prodemocracy groups and activists have relied on crowdfunding to support their activities and for protest-related legal and medical expenses. In October 2022, an online radio host reached a plea agreement of 2 years and 8 months along with an over 600,000 USD asset seizure, for charges that included multiple counts of money laundering based on his calls to support crowdfunding efforts to provide for protestors' living expenses. ”

“ The NSL grants the Hong Kong Police Force (HKPF) broad authorities to conduct wiretaps, electronic surveillance, and searches without warrants in national security-related cases, and to require internet service providers to provide or delete information relevant to these cases. During the covered period there were credible reports that PRC security services and the Office of Safeguarding National Security (OSNS) monitored pro-democracy and human rights activists and journalists in Hong Kong. ”

“ Impact on U.S. Citizens In 2021, an estimated 85,000 U.S. citizens lived in Hong Kong. However, that number is now estimated to be approximately 70,000. U.S. citizens departed Hong Kong in 2022 due to a variety of factors including COVID-19 mitigation policies and, for some teachers, the national security education policies that led to restrictions on academic freedom. Non-residents were not generally permitted to visit Hong Kong for much of 2022 due to COVID-19 travel restrictions. ”

“ Hong Kong continues to have a separate vote from mainland China in a number of international organizations and multilateral entities, including the Financial Action Task Force, the Asia-Pacific Economic Cooperation forum, the International Olympic Committee, and the World Trade Organization, and participates autonomously in various green finance multilateral fora. ”

“ Beijing-controlled media outlets in Hong Kong regularly accused organizations, including political parties and civil society groups, of being "anti-China" or violating the NSL because of their political opinions. In July 2022, these media outlets accused the opposition Democratic Party of planning to use a fundraising gala to spread "anti-China messages." In August 2022, they accused 11 environmental organizations of supporting protesters during the 2019 prodemocracy protests. ”

“ In July 2022, Hong Kong government officials refused to state if Hong Kong-based civil society organizations could be prosecuted under the NSL for participation in the UN Human Rights Committee's periodic review of Hong Kong's compliance with the ICCPR.
Impact on Freedom of Movement Hong Kong law provides for freedom of movement, including internal movement, foreign travel, emigration, and voluntary return, but during the covered period the government restricted this right for certain individuals. ”

“ Under the NSL, defendants charged with national security-related offenses may not be granted bail unless a judge has sufficient grounds to believe the defendant or suspect will not continue to commit acts endangering national security. ”

“ However, activists and other religious figures expressed fears that the arrests could further discourage religious leaders and organizations from speaking out on political issues.
Impact on U.S.-Hong Kong Exchanges U.S. institutions conduct a wide range of academic, cultural, educational, and scientific exchanges with Hong Kong counterparts. The COVID-19 pandemic paused most international programs on Hong Kong campuses as well as in-person, ECA-funded exchange programs with Hong Kong. ”

“ Under Section 7 of the E.O., those designated for financial sanctions and their immediate family members are also subject to visa restrictions. The U.S. government did not impose sanctions on any new individuals under these authorities during the covered period. ”