,,ii #aaith ,,congress #b;d ,session ,s4 #edjd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #af1 #bjbf,mr4 ,sullivan 7for himself and ,mr4 ,merkley7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to impose sanctions and other policy consequences in response to the death of political prisoners in ,hong ,kong1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,jimmy ,lai ,hong ,kong ,political ,prisoner ,accountability ,act of #bjbf4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs and the ,committee on ,financial ,services of the ,house of ,representatives4 7#b7 ,basic ,law ,the term ,basic ,law means the ,basic ,law of the ,hong ,kong ,special ,administrative ,region of the ,people's ,republic of ,china1 adopted on ,april #d1 #aiij4 7#c7 ,covered foreign person ,the term covered foreign person means any official1 agent1 or employee of the ,government of the ,people's ,republic of ,china or the ,government of ,hong ,kong determined to be responsible for1 complicit in1 or having directed-- 7,a7 the arrest1 detention1 prosecution1 imprisonment1 or abuse of a ,hong ,kong political prisoner2 or 7,b7 the death1 or actions contributing to the death including medical neglect1 of a ,hong ,kong political prisoner while in custody4 7#d7 ,hong ,kong ,the term ,hong ,kong means the ,hong ,kong ,special ,administrative ,region of the ,people's ,republic of ,china4 7#e7 ,hong ,kong political prisoner 7,a7 ,in general ,the term ,hong ,kong political prisoner means any individual detained or imprisoned by authorities in ,hong ,kong or elsewhere by the ,government of the ,people's ,republic of ,china who the ,secretary determines-- 7i7 was arrested1 detained1 prosecuted1 convicted1 or imprisoned1 in whole or in substantial part1 because of-- 7,i7 the peaceful exercise of a right protected under the ,sino-,british ,joint ,declaration1 the ,basic ,law1 or applicable international human rights law1 including the freedoms of expression1 the press1 assembly1 association1 religion1 or political participation2 7,,ii7 the individual's political views1 affiliations1 advocacy1 journalism1 religious activity1 labor activity1 or engagement with a foreign government1 international organization1 or civil society organization2 or 7,,iii7 was subjected to a politically motivated arrest1 detention1 prosecution1 conviction1 or imprisonment2 or 7ii7 is or was charged with or convicted of an offense under-- 7,i7 the ,national ,security ,law2 7,,ii7 the sedition provisions of the ,crimes ,ordinance 7,cap4 #bjj7 of ,hong ,kong2 7,,iii7 the ,public ,order ,ordinance 7,cap4 #bde7 of ,hong ,kong2 7,,iv7 the ,safeguarding ,national ,security ,ordinance1 enacted in #bjbd2 or 7,v7 any successor1 amended1 or substantially similar legislation enacted to suppress political opposition1 restrict civil liberties1 or punish the exercise of fundamental freedoms4 7,b7 ,relevant offenses ,in making a determination under subparagraph 7,a71 the ,secretary shall consider whether the individual was charged with or convicted of an offense under-- 7i7 the ,national ,security ,law2 7ii7 the sedition provisions of the ,crimes ,ordinance 7,cap4 #bjj7 of ,hong ,kong2 7iii7 the ,public ,order ,ordinance 7,cap4 #bde7 of ,hong ,kong2 7iv7 the ,safeguarding ,national ,security ,ordinance1 enacted in #bjbd2 or 7v7 any successor1 amended1 or substantially similar law used to suppress political opposition1 restrict civil liberties1 or punish the exercise of internationally recognized human rights4 7,c7 ,presumption ,an individual charged with or convicted of an offense described in subparagraph 7,b7 shall be presumed to be a ,hong ,kong political prisoner unless the ,secretary determines1 on the basis of credible and independently corroborated evidence1 that the individual does not meet the criteria outlined in subparagraph 7,a74 7#f7 ,joint ,declaration ,the term ,joint ,declaration means the ,joint ,declaration of the ,government of the ,united ,kingdom of ,great ,britain and ,northern ,ireland and the ,government of the ,people's ,republic of ,china on the ,question of ,hong ,kong1 signed on ,december #ai1 #aihd1 and registered with the ,united ,nations on ,june #ab1 #aihe4 7#g7 ,national ,security ,law ,the term ,national ,security ,law means the ,law of the ,people's ,republic of ,china on ,safeguarding ,national ,security in the ,hong ,kong ,special ,administrative ,region1 signed on ,june #cj1 #bjbj4 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,state1 in coordination with the ,secretary of the ,treasury4 #c4 ,findings ,congress finds the following3 7#a7 ,jimmy ,lai ,chee-ying is a #gh-year-old citizen of the ,united ,kingdom1 resident of ,hong ,kong1 ,catholic1 and the founder of ,apple ,daily1 one of the most widely read pro-democracy newspapers in ,hong ,kong4 ,lai has been imprisoned since ,december #bjbj1 largely in solitary confinement4 ,on ,december #ae1 #bjbe1 ,lai was convicted by a ,hong ,kong national security court on two counts of conspiracy to commit collusion with foreign forces under the ,national ,security ,law and one count of conspiracy to publish seditious publications under the ,crimes ,ordinance1 to which ,lai pleaded not guilty4 ,on ,february #i1 #bjbf1 ,lai was sentenced to #bj years in prison1 the longest sentence imposed under the ,national ,security ,law since the ,government of the ,people's ,republic of ,china enacted the legislation in #bjbj4 7#b7 ,the continued imprisonment of1 denial of counsel of choice and of the ,catholic sacrament of ,holy ,communion to1 and the prolonged nature of the prosecution of ,jimmy ,lai represent a clear violation of the rights guaranteed to ,hong ,kong residents under the ,joint ,declaration and the ,basic ,law1 including the rights to a fair trial1 freedom of expression1 freedom of religion1 and freedom of the press4 7#c7 ,the ,united ,states ,government has designated ,jimmy ,lai as a priority human rights case4 ,the ,united ,states1 the ,united ,kingdom1 ,canada1 ,australia1 the ,european ,union1 and other democratic nations have called for the immediate and unconditional release of ,lai4 7#d7 ,more than one thousand other individuals have been imprisoned in ,hong ,kong under the ,national ,security ,law1 the ,safeguarding ,national ,security ,ordinance1 and related legislation1 including media professionals1 lawyers1 legislators1 labor leaders1 faith leaders1 social workers1 academics1 students1 and activists4 ,among such individuals are-- 7,a7 ,chow ,hang-tung1 a prominent barrister and pro-democracy activist2 7,b7 ,joshua ,wong1 a former student leader and democracy advocate2 7,c7 ,lee ,cheuk-yan1 a veteran labor leader and legislator2 and 7,d7 ,gwyneth ,ho1 a journalist and democracy advocate4 7#e7 ,many of the imprisoned individuals are held under restrictive conditions1 denied family contact1 and subjected to prolonged pretrial detention4 7#f7 ,the conditions of detention for political prisoners in ,hong ,kong raise serious concerns regarding physical and mental health4 ,detainees have been held for extended periods in solitary or near-solitary confinement1 denied adequate medical care1 subjected to restrictions on family visits and legal access1 and held in facilities without any effective1 independent mechanism for oversight or redress4 7#g7 ,the ,government of the ,people's ,republic of ,china and the ,government of ,hong ,kong bear responsibility for safeguarding the life and health of every individual held in their custody4 ,a death in custody resulting from the denial of adequate medical care1 from inhumane conditions of confinement1 or from other mistreatment1 or a death not subject to a prompt1 independent investigation1 would constitute a grave violation of the right to life under ,article #f of the ,international ,covenant on ,civil and ,political ,rights1 done at ,new ,york ,december #ai1 #aiff1 and of internationally recognized standards governing the treatment of detainees1 including the ,united ,nations ,standard ,minimum ,rules for the ,treatment of ,prisoners1 adopted in ,new ,york ,december #ag1 #bjae 7commonly known as the ,nelson ,mandela ,rules7 and the ,united ,nations ,body of ,principles for the ,protection of ,all ,persons under ,any ,form of ,detention or ,imprisonment1 adopted in ,new ,york ,december #i1 #aihh4 7#h7 ,the ,government of the ,people's ,republic of ,china-- 7,a7 has not permitted independent international monitoring of detention conditions in ,hong ,kong for political prisoners2 7,b7 has disregarded the findings and recommendations of ,united ,nations human rights mechanisms concerning detained individuals and repeated calls for the release of such individuals2 and 7,c7 has systematically denied or delayed consular access to foreign nationals in custody1 including ,jimmy ,lai1 a citizen of the ,united ,kingdom entitled to consular access by the ,united ,kingdom under the ,vienna ,convention on ,consular ,relations1 done at ,vienna ,april #bd1 #aifc4 7#i7 ,the ,global ,magnitsky ,human ,rights ,accountability ,act 7#bb ,u4,s4,c4 #ajaja et seq47 and the ,hong ,kong ,human ,rights and ,democracy ,act of #bjai 7#bb ,u4,s4,c4 #egja note2 ,public ,law #aaf-gf7 provide authorities to impose targeted sanctions on individuals responsible for human rights abuses in ,hong ,kong4 ,the death of a political prisoner in custody should be understood as among the gravest possible human rights violations to which these authorities apply1 and ,congress affirms that such an event demands an immediate and consequential response by the ,united ,states ,government4 7#aj7 ,the experience of other authoritarian states demonstrates that the failure of democratic governments to impose meaningful consequences for the death of political prisoners creates incentives for future abuses4 #d4 ,statement of ,united ,states policy regarding political prisoners in ,hong ,kong ,it is the policy of the ,united ,states that-- 7#a7 the ,united ,states has a direct and substantial national interest in the welfare and release of all individuals detained1 imprisoned1 or otherwise deprived of liberty in ,hong ,kong1 or by authorities of the ,people's ,republic of ,china1 for the peaceful exercise of internationally recognized human rights and fundamental freedoms1 including rights and freedoms protected under the ,joint ,declaration1 the ,basic ,law1 and applicable international law1 and such individuals shall be regarded by the ,united ,states ,government as political prisoners1 because the detention and treatment of such individuals directly implicate-- 7,a7 the preservation of the rule of law and fundamental rights and freedoms in ,hong ,kong2 7,b7 the high degree of autonomy promised to ,hong ,kong and the adherence of the ,people's ,republic of ,china to its obligations and commitments with respect to ,hong ,kong2 7,c7 the security and interests of ,united ,states citizens1 businesses1 and other persons in ,hong ,kong2 7,d7 the continued role of ,hong ,kong as an open and reliable international financial1 commercial1 and cultural center2 and 7,e7 the broader interest of the ,united ,states in upholding respect for internationally recognized human rights1 international commitments1 and the rule of law in the ,indo-,pacific region and in relations with the ,people's ,republic of ,china2 7#b7 in advocating for the immediate and unconditional release of all ,hong ,kong political prisoners1 including ,jimmy ,lai ,chee-ying1 the ,united ,states should make clear to the ,government of the ,people's ,republic of ,china and the ,government of ,hong ,kong that the death in custody of any such ,hong ,kong political prisoner as a result of the actions or omissions of detaining authorities would result in significant and immediate consequences for relations with the ,united ,states2 7#c7 the ,united ,states will hold the ,government of the ,people's ,republic of ,china and the ,government of ,hong ,kong accountable for ensuring the health1 safety1 and humane treatment of all ,hong ,kong political prisoners1 including access to adequate medical care and1 in the case of foreign nationals1 timely and meaningful consular access2 7#d7 the ,united ,states will respond promptly and proportionately to the death in custody of any ,hong ,kong political prisoner resulting from the actions or omissions of the detaining authorities1 including through appropriate sanctions1 diplomatic measures1 the use of the voice1 vote1 and influence of the ,united ,states at the ,united ,nations and other international organizations and multilateral fora1 and other actions affecting relations with the ,government of the ,people's ,republic of ,china and the ,government of ,hong ,kong2 and 7#e7 the ,united ,states should coordinate with allies and partners1 including the ,united ,kingdom1 ,canada1 ,australia1 the ,european ,union1 and other democratic governments1 to ensure a timely and coordinated international response to the death in custody of any ,hong ,kong political prisoner1 including through parallel sanctions1 coordinated diplomatic measures1 and other collective actions to increase accountability and deter further abuses4 #e4 ,sanctions with respect to the death of a ,hong ,kong political prisoner 7a7 ,determination required ,not later than #cj days after receiving credible information that an individual who is a ,hong ,kong political prisoner has died while in the custody of the ,government of ,hong ,kong1 or because of the actions of authorities while detained by the ,government of ,hong ,kong1 the ,secretary shall-- 7#a7 determine whether the death of such individual was the result of-- 7,a7 the denial of adequate medical care2 7,b7 physical abuse1 torture1 or cruel1 inhuman1 or degrading treatment2 7,c7 conditions of confinement inconsistent with international standards1 including the ,nelson ,mandela ,rules2 or 7,d7 any other act or omission by detaining authorities that contributed to or caused the death2 and 7#b7 identify each covered foreign person responsible for1 complicit in1 or having directed any of the actions described in subparagraphs 7,a7 through 7,d7 of paragraph 7#a74 7b7 ,mandatory sanctions 7#a7 ,in general ,not later than #fj days after making a determination under subsection 7a71 the ,secretary shall impose the sanctions described in paragraph 7#b7 with respect to each covered foreign person identified under subsection 7a77#b74 7#b7 ,sanctions described ,the sanctions described in this paragraph are-- 7,a7 the sanctions authorized in section #abfc7;b7 of the ,global ,magnitsky ,human ,rights ,accountability ,act 7subtitle ,f of title ,,xii of ,public ,law #aad-cbh2 #bb ,u4,s4,c4 #ajaja et seq472 7,b7 the sanctions authorized in ,hong ,kong ,autonomy ,act 7,public ,law #aaf-adi2 #bb ,u4,s4,c4 #egja note72 and 7,c7 any other sanctions authorized by an ,act of ,congress that the ,secretary determines appropriate4 7c7 ,termination of sanctions ,the ,secretary may terminate the application of sanctions under this ,act with respect to a covered foreign person if the ,secretary certifies to ,congress that-- 7#a7 the ,government of the ,people's ,republic of ,china or the ,government of ,hong ,kong has conducted a credible1 independent1 and transparent investigation into the death of the ,hong ,kong political prisoner concerned2 7#b7 the persons responsible for the death have been prosecuted or otherwise held accountable through a process meeting international fair trial standards2 and 7#c7 the family of the ,hong ,kong political prisoner concerned has received full1 impartial information regarding the circumstances of the death and appropriate remedies4 7d7 ,report to ,congress 7#a7 ,in general ,not later than #cj days before terminating sanctions with respect to a covered foreign person under subsection 7c71 the ,secretary shall submit to ,congress a report that includes-- 7,a7 an identification of any senior official of the ,government of the ,people's ,republic of ,china or the ,government of ,hong ,kong who bore command or supervisory responsibility over the covered foreign person at the time of the death of a ,hong ,kong political prisoner2 and 7,b7 a determination of whether such official is subject to sanctions under this section or existing authorities4 7#b7 ,form ,each report required by paragraph 7#a7 shall be submitted in unclassified form4 #f4 ,additional actions 7a7 ,multilateral engagement ,upon a determination that an individual who is a ,hong ,kong political prisoner has died while in the custody of the ,government of ,hong ,kong1 the ,secretary shall-- 7#a7 use the voice1 vote1 and influence of the ,united ,states at the ,united ,nations and other international organizations and multilateral fora-- 7,a7 to formally request that the ,united ,nations ,high ,commissioner for ,human ,rights conduct an independent inquiry into the death and the conditions of detention of ,hong ,kong political prisoners2 and 7,b7 discuss such death at the ,united ,nations ,human ,rights ,council and1 where appropriate1 the ,united ,nations ,security ,council or other multi-lateral entities where the ,united ,states and the ,people's ,republic of ,china are members2 and 7#b7 seek to coordinate sanctions with allies including the ,united ,kingdom1 ,canada1 ,australia1 and the ,european ,union4 7b7 ,visa restrictions on family members ,notwithstanding any other provision of law1 the ,secretary shall use any authorities available to impose visa restrictions on adult family members of any covered foreign person sanctioned under section #e7;b74 7c7 ,report on medical care denial ,not later than #ij days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to the appropriate congressional committees a report on-- 7#a7 the current health status of ,jimmy ,lai ,chee-ying and other ,hong ,kong political prisoners1 to the extent such information is available2 7#b7 any denial or restriction of medical care1 legal access1 consular access1 or family contact for such ,hong ,kong political prisoners2 and 7#c7 recommendations for additional measures the ,united ,states ,government should take to protect the lives and well-being of ,hong ,kong political prisoners4 7d7 ,accountability measures ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall consider1 and as appropriate take or recommend to the ,president1 additional steps to address the conduct1 policies1 or practices that contribute to1 or facilitate the mistreatment of1 political prisoners in ,hong ,kong1 including conduct that undermines the independent rule of law1 facilitates arbitrary detention1 or results in the denial of adequate medical care or other protections necessary to ensure the health and safety of persons in custody1 including-- 7#a7 determining whether any current or former official of the ,government of ,hong ,kong or the ,government of the ,people's ,republic of ,china1 or any other foreign person1 responsible for or complicit in the arbitrary detention1 arrest1 or prosecution of political prisoners in ,hong ,kong1 or other gross violations of internationally recognized human rights against political prisoners in ,hong ,kong1 meets the criteria for the imposition of sanctions under applicable law2 7#b7 taking1 or recommending that the ,president take1 appropriate action under applicable law with respect to any person determined pursuant to paragraph 7#a7 to meet the criteria for the imposition of sanctions2 and 7#c7 recommending that the ,president1 pursuant to the ,international ,organizations ,immunities ,act 7#bb ,u4,s4,c4 #bhh et seq47 withdraw1 condition1 or limit the privileges1 exemptions1 and immunities extended to one or more ,hong ,kong ,economic and ,trade ,offices operating in the ,united ,states1 or to any officer or employee thereof1 to the fullest extent permitted by law4 #g4 ,sense of ,congress regarding ,jimmy ,lai ,chee-ying ,it is the sense of ,congress that-- 7#a7 ,jimmy ,lai ,chee-ying should be immediately and unconditionally released from detention in ,hong ,kong2 7#b7 the ,government of the ,people's ,republic of ,china should immediately grant full and unconditional consular access to ,jimmy ,lai consistent with the ,vienna ,convention on ,consular ,relations2 7#c7 the prosecution of ,jimmy ,lai under the ,national ,security ,law represents a direct assault on the freedoms of expression and press guaranteed to the people of ,hong ,kong under the ,joint ,declaration1 and constitutes a particularly severe violation of internationally recognized human rights norms2 and 7#d7 the ,united ,states ,government should treat the case of ,jimmy ,lai as a priority human rights matter in all diplomatic engagements with the ,government of the ,people's ,republic of ,china and the ,government of the ,united ,kingdom4