Jimmy Lai Hong Kong Political Prisoner Accountability Act of 2026

of Hong Kong; (iii) the Public Order Ordinance (Cap. 245) of Hong Kong; (iv) the Safeguarding National Security Ordinance, enacted in 2024; or (v) any successor, amended, or substantially similar law used to suppress political opposition, restrict civil liberties, or punish the exercise of internationally recognized human rights. (C) Presumption.--An individual charged with or convicted of an offense described in subparagraph (B) shall be presumed to be a Hong Kong political prisoner unless the Secretary determines, on the basis of credible and independently corroborated evidence, that the individual does not meet the criteria outlined in subparagraph (A). (6) 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 Kong, signed on December 19, 1984, and registered with the United Nations on June 12, 1985. (7) 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 Region, signed on June 30, 2020. (8) Secretary.--The term ``Secretary'' means the Secretary of State, in coordination with the Secretary of the Treasury. SEC. 3. FINDINGS. Congress finds the following: (1) Jimmy Lai Chee-Ying is a 78-year-old citizen of the United Kingdom, resident of Hong Kong, Catholic, and the founder of Apple Daily, one of the most widely read pro- democracy newspapers in Hong Kong. Lai has been imprisoned since December 2020, largely in solitary confinement. On December 15, 2025, 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 Ordinance, to which Lai pleaded not guilty. On February 9, 2026, Lai was sentenced to 20 years in prison, the longest sentence imposed under the National Security Law since the Government of the People's Republic of China enacted the legislation in 2020. (2) The continued imprisonment of, denial of counsel of choice and of the Catholic sacrament of Holy Communion to, 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 Law, including the rights to a fair trial, freedom of expression, freedom of religion, and freedom of the press. (3) The United States Government has designated Jimmy Lai as a priority human rights case. The United States, the United Kingdom, Canada, Australia, the European Union, and other democratic nations have called for the immediate and unconditional release of Lai. (4) More than one thousand other individuals have been imprisoned in Hong Kong under the National Security Law, the Safeguarding National Security Ordinance, and related legislation, including media professionals, lawyers, legislators, labor leaders, faith leaders, social workers, academics, students, and activists. Among such individuals are-- (A) Chow Hang-tung, a prominent barrister and pro- democracy activist; Joshua Wong, a former student leader and democracy advocate; (B) Lee Cheuk-yan, a veteran labor leader and legislator; and (C) Gwyneth Ho, a journalist and democracy advocate. (5) Many of the imprisoned individuals are held under restrictive conditions, denied family contact, and subjected to prolonged pretrial detention. (6) The conditions of detention for political prisoners in Hong Kong raise serious concerns regarding physical and mental health. Detainees have been held for extended periods in solitary or near-solitary confinement, denied adequate medical care, subjected to restrictions on family visits and legal access, and held in facilities without any effective, independent mechanism for oversight or redress. (7) 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 custody. A death in custody resulting from the denial of adequate medical care, from inhumane conditions of confinement, or from other mistreatment, or a death not subject to a prompt, independent investigation, would constitute a grave violation of the right to life under Article 6 of the International Covenant on Civil and Political Rights, done at New York December 19, 1966, and of internationally recognized standards governing the treatment of detainees, including the United Nations Standard Minimum Rules for the Treatment of Prisoners, adopted in New York December 17, 2015 (commonly known as ``the Nelson Mandela Rules'') and the United Nations Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, adopted in New York December 9, 1988. (8) The Government of the People's Republic of China-- (A) has not permitted independent international monitoring of detention conditions in Hong Kong for political prisoners; (B) has disregarded the findings and recommendations of United Nations human rights mechanisms concerning detained individuals and repeated calls for the release of such individuals; and (C) has systematically denied or delayed consular access to foreign nationals in custody, including Jimmy Lai, a citizen of the United Kingdom entitled to consular access by the United Kingdom under the Vienna Convention on Consular Relations, done at Vienna April 24, 1963. (9) The Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et seq.) and the Hong Kong Human Rights and Democracy Act of 2019 (22 U.S.C. 5701 note; Public Law 116-76) provide authorities to impose targeted sanctions on individuals responsible for human rights abuses in Hong Kong. The death of a political prisoner in custody should be understood as among the gravest possible human rights violations to which these authorities apply, and Congress affirms that such an event demands an immediate and consequential response by the United States Government. (10) 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 abuses. SEC. 4. STATEMENT OF UNITED STATES POLICY REGARDING POLITICAL PRISONERS IN HONG KONG. It is the policy of the United States that-- (1) the United States has a direct and substantial national interest in the welfare and release of all individuals detained, imprisoned, or otherwise deprived of liberty in Hong Kong, or by authorities of the People's Republic of China, for the peaceful exercise of internationally recognized human rights and fundamental freedoms, including rights and freedoms protected under the Joint Declaration, the Basic Law, and applicable international law, and such individuals shall be regarded by the United States Government as political prisoners, because the detention and treatment of such individuals directly implicate-- (A) the preservation of the rule of law and fundamental rights and freedoms in Hong Kong; (B) 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 Kong; (C) the security and interests of United States citizens, businesses, and other persons in Hong Kong; (D) the continued role of Hong Kong as an open and reliable international financial, commercial, and cultural center; and (E) the broader interest of the United States in upholding respect for internationally recognized human rights, international commitments, and the rule of law in the Indo-Pacific region and in relations with the People's Republic of China; (2) in advocating for the immediate and unconditional release of all Hong Kong political prisoners, including Jimmy Lai Chee-ying, 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 States; (3) the United States will hold the Government of the People's Republic of China and the Government of Hong Kong accountable for ensuring the health, safety, and humane treatment of all Hong Kong political prisoners, including access to adequate medical care and, in the case of foreign nationals, timely and meaningful consular access; (4) 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 authorities, including through appropriate sanctions, diplomatic measures, the use of the voice, vote, and influence of the United States at the United Nations and other international organizations and multilateral fora, and other actions affecting relations with the Government of the People's Republic of China and the Government of Hong Kong; and (5) the United States should coordinate with allies and partners, including the United Kingdom, Canada, Australia, the European Union, and other democratic governments, to ensure a timely and coordinated international response to the death in custody of any Hong Kong political prisoner, including through parallel sanctions, coordinated diplomatic measures, and other collective actions to increase accountability and deter further abuses. SEC. 5. SANCTIONS WITH RESPECT TO THE DEATH OF A HONG KONG POLITICAL PRISONER. (a) Determination Required.--Not later than 30 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 Kong, or because of the actions of authorities while detained by the Government of Hong Kong, the Secretary shall-- (1) determine whether the death of such individual was the result of-- (A) the denial of adequate medical care; (B) physical abuse, torture, or cruel, inhuman, or degrading treatment; (C) conditions of confinement inconsistent with international standards, including the Nelson Mandela Rules; or (D) any other act or omission by detaining authorities that contributed to or caused the death; and (2) identify each covered foreign person responsible for, complicit in, or having directed any of the actions described in subparagraphs (A) through (D) of paragraph (1). (b) Mandatory Sanctions.-- (1) In general.--Not later than 60 days after making a determination under subsection (a), the Secretary shall impose the sanctions described in paragraph (2) with respect to each covered foreign person identified under subsection (a)(2). (2) Sanctions described.--The sanctions described in this paragraph are-- (A) the sanctions authorized in section 1263(b) of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 10101 et seq.); (B) the sanctions authorized in Hong Kong Autonomy Act (Public Law 116-149; 22 U.S.C. 5701 note); and (C) any other sanctions authorized by an Act of Congress that the Secretary determines appropriate. (c) 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-- (1) the Government of the People's Republic of China or the Government of Hong Kong has conducted a credible, independent, and transparent investigation into the death of the Hong Kong political prisoner concerned; (2) the persons responsible for the death have been prosecuted or otherwise held accountable through a process meeting international fair trial standards; and (3) the family of the Hong Kong political prisoner concerned has received full, impartial information regarding the circumstances of the death and appropriate remedies. (d) Report to Congress.-- (1) In general.--Not later than 30 days before terminating sanctions with respect to a covered foreign person under subsection (c), the Secretary shall submit to Congress a report that includes-- (A) 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 prisoner; and (B) a determination of whether such official is subject to sanctions under this section or existing authorities. (2) Form.--Each report required by paragraph (1) shall be submitted in unclassified form. SEC. 6. ADDITIONAL ACTIONS. (a) 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 Kong, the Secretary shall-- (1) use the voice, vote, and influence of the United States at the United Nations and other international organizations and multilateral fora-- (A) 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 prisoners; and (B) discuss such death at the United Nations Human Rights Council and, where appropriate, the United Nations Security Council or other multi-lateral entities where the United States and the People's Republic of China are members; and (2) seek to coordinate sanctions with allies including the United Kingdom, Canada, Australia, and the European Union. (b) Visa Restrictions on Family Members.--Notwithstanding any other provision of law, the Secretary shall use any authorities available to impose visa restrictions on adult family members of any covered foreign person sanctioned under section 5(b). (c) Report on Medical Care Denial.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report on-- (1) the current health status of Jimmy Lai Chee-ying and other Hong Kong political prisoners, to the extent such information is available; (2) any denial or restriction of medical care, legal access, consular access, or family contact for such Hong Kong political prisoners; and (3) recommendations for additional measures the United States Government should take to protect the lives and wellbeing of Hong Kong political prisoners. (d) Accountability Measures.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall consider, and as appropriate take or recommend to the President, additional steps to address the conduct, policies, or practices that contribute to, or facilitate the mistreatment of, political prisoners in Hong Kong, including conduct that undermines the independent rule of law, facilitates arbitrary detention, or results in the denial of adequate medical care or other protections necessary to ensure the health and safety of persons in custody, including-- (1) determining whether any current or former official of the Government of Hong Kong or the Government of the People's Republic of China, or any other foreign person, responsible for or complicit in the arbitrary detention, arrest, or prosecution of political prisoners in Hong Kong, or other gross violations of internationally recognized human rights against political prisoners in Hong Kong, meets the criteria for the imposition of sanctions under applicable law; (2) taking, or recommending that the President take, appropriate action under applicable law with respect to any person determined pursuant to paragraph (1) to meet the criteria for the imposition of sanctions; and (3) recommending that the President, pursuant to the International Organizations Immunities Act (22 U.S.C. 288 et seq.) withdraw, condition, or limit the privileges, exemptions, and immunities extended to one or more Hong Kong Economic and Trade Offices operating in the United States, or to any officer or employee thereof, to the fullest extent permitted by law. SEC. 7. SENSE OF CONGRESS REGARDING JIMMY LAI CHEE-YING. It is the sense of Congress that-- (1) Jimmy Lai Chee-ying should be immediately and unconditionally released from detention in Hong Kong; (2) 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 Relations; (3) 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 Declaration, and constitutes a particularly severe violation of internationally recognized human rights norms; and (4) 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 Kingdom. <all>