HouseH.R. 10406119th Congress
Jimmy Lai Hong Kong Political Prisoner Accountability Act of 2026
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10406 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 10406
To impose sanctions and other policy consequences in response to the
death of political prisoners in Hong Kong, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 16, 2026
Mr. Smith of New Jersey (for himself and Mr. Suozzi) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Foreign Affairs, Financial
Services, and Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To impose sanctions and other policy consequences in response to the
death of political prisoners in Hong Kong, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jimmy Lai Hong Kong Political
Prisoner Accountability Act of 2026''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
(2) Basic law.--The term ``Basic Law'' means the Basic Law
of the Hong Kong Special Administrative Region of the People's
Republic of China, adopted on April 4, 1990.
(3) Covered foreign person.--The term ``covered foreign
person'' means any official, agent, or employee of the
Government of the People's Republic of China or the Government
of Hong Kong determined to be responsible for, complicit in, or
having directed--
(A) the arrest, detention, prosecution,
imprisonment, or abuse of a Hong Kong political
prisoner; or
(B) the death, or actions contributing to the death
including medical neglect, of a Hong Kong political
prisoner while in custody.
(4) Hong kong.--The term ``Hong Kong'' means the Hong Kong
Special Administrative Region of the People's Republic of
China.
(5) Hong kong political prisoner.--
(A) 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--
(i) was arrested, detained, prosecuted,
convicted, or imprisoned, in whole or in
substantial part, because of--
(I) the peaceful exercise of a
right protected under the Sino-British
Joint Declaration, the Basic Law, or
applicable international human rights
law, including the freedoms of
expression, the press, assembly,
association, religion, or political
participation;
(II) the individual's political
views, affiliations, advocacy,
journalism, religious activity, labor
activity, or engagement with a foreign
government, international organization,
or civil society organization; or
(III) was subjected to a
politically motivated arrest,
detention, prosecution, conviction, or
imprisonment; or
(ii) is or was charged with or convicted of
an offense under--
(I) the National Security Law;
(II) the sedition provisions of the
Crimes Ordinance (Cap. 200) 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 legislation
enacted to suppress political
opposition, restrict civil liberties,
or punish the exercise of fundamental
freedoms.
(B) Relevant offenses.--In making a determination
under subparagraph (A), the Secretary shall consider
whether the individual was charged with or convicted of
an offense under--
(i) the National Security Law;
(ii) the sedition provisions of the Crimes
Ordinance (Cap. 200) 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.
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