The US is moving cautiously in responding to Hong Kong’s new national security law
WASHINGTON — The US has denounced Hong Kong’s new national security law as a tool to silence dissent, both at home and abroad, but so far Washington’s action has been remarkably muted, prompting those fighting for the democracy and freedoms of the Chinese territory.
Since the law’s swift passage on March 19, the US has announced visa restrictions on an unspecified number of unnamed Hong Kong officials but has taken no further action. That’s a far cry from 2020, when Beijing imposed national security restrictions to end months of unrest on the streets of Hong Kong. The US responded by hitting the city’s top officials with sanctions and stripping the territory of its preferential trade status.
While the new law, known as Article 23, now expands the Hong Kong government’s powers to go after those it accuses of espionage and attack dissidents around the world, Washington has moved cautiously.
The State Department declined to preview or comment on possible actions but said it is considering all options.
Analysts suggest the Biden administration may not want to upend relations with China in an election year, especially when the law’s impact may take some time to materialize and punitive US action is unlikely to bring about meaningful change to lead.
“US policymakers appear to have resigned themselves to the fact that China’s takeover of Hong Kong is, for all intents and purposes, complete and irreversible,” said Craig Singleton, senior China fellow at the Foundation for Defense of Democracies, a research institute based in Washington. “Moreover, it is not entirely clear that specific actions by Washington would prompt Beijing to meaningfully reconsider its approach to Hong Kong, with Chinese policymakers having more or less signaled that Hong Kong’s fate is not up for debate.”
Rorry Daniels, managing director of the Asia Society Policy Institute in New York, said the US “could try to tailor its response to the effects of the legislation and its use, rather than just its enactment.”
The language of the new law is vague, and its implementation will depend on how it is interpreted, which in itself is worrisome and could erode Hong Kong’s status as a safe place for international contract settlement, Daniels said.
The new security law comes as the White House seeks to protect the fragile U.S.-China relationship, which has stabilized only in recent months, said Willy Lam, a senior fellow at the Jamestown Foundation, another Washington-based think tank.
“I think they don’t want the relationship to deteriorate ahead of the elections,” Lam said.
Hong Kong and the latest legislation were discussed during the phone call between President Joe Biden and Chinese President Xi Jinping on April 2. Xi told Biden that the law reflects a “constitutional responsibility to safeguard national security,” which he said would protect prosperity. According to the Chinese Ministry of Foreign Affairs, it is important for the people of Hong Kong and for the interests of global investors.
“The US must respect Chinese sovereignty and the rule of law in Hong Kong, and must not disrupt, let alone interfere with, the process,” ministry spokesman Wang Wenbin said.
No progress has been made in Congress on a bill to strip Hong Kong’s U.S. commercial offices of diplomatic privileges, nor has a bill been introduced that would require the president to consider expelling the city’s judges, prosecutors and police commissioners. punish if it turns out that they have undermined the civil state. freedoms there.
“The Biden administration’s latest response has frankly made me concerned about the administration’s commitment to standing up to Beijing’s aggression,” said Frances Hui, policy and advocacy coordinator for the Washington-based Committee for Freedom in Hong Kong Foundation. “A more robust US response is needed to enable future behavioral changes among (Chinese) and Hong Kong officials. A visa ban is something, but not enough.”
The commission and 23 other Hong Kong advocacy groups issued a joint statement Thursday calling the Biden administration’s response “inadequate and concerning.” They urged the government to sanction Hong Kong officials responsible for the mounting crackdown and offer dissidents sanctuary in the US. also urged Congress to pass the stalled legislation.
Singleton said private sector action could make more sense.
“US companies are quietly scaling back in Hong Kong amid growing security concerns, with many fearing possible arrests for routine business activities,” he said. “The private sector’s changing sentiments toward Hong Kong, rather than any U.S. government action, will likely have the greatest impact on Beijing’s ability to leverage Hong Kong’s unique status to counter China’s downward economic spiral. turn.”
Lam said the US government may wait until the conclusion of the trial of Jimmy Lai, a prominent publisher, in a high-profile national security case.
Should a Hong Kong court jail Lai for 20 years or more, which amounts to life imprisonment as he is 76, “the US government cannot afford to be seen to be inaction,” Lam said.