Hong Kong Human Rights and Democracy Act: Why Should Americans care?

By Jerome A. Cohen

We live by symbols, and enactment of the Hong Kong Human Rights and Democracy Act would be a strong expression of American support for the protesters in Hong Kong. The United States Government is limited in its capacity to influence events in Hong Kong. We cannot go to war to “save” Hong Kong’s democratic protesters, but adoption of this new law would be one of several peaceful steps that the U.S. Government can take to deter the PRC from further oppression in Hong Kong.

Of course, it would be a sad step if the U.S. Government ever had to cancel Hong Kong’s special status, but the newly-authorized capacity to do so would be a powerful incentive for the PRC not to take steps to further shrink Hong Kong’s declining autonomy. Hong Kong’s current special privileged status rests upon the assumption that it enjoys a high degree of autonomy, as solemnly promised by the PRC in the Joint Declaration with the UK and the PRC’s Basic Law for Hong Kong.

If it does not, the basis for the special treatment disappears. I believe the President is likely to sign the bill, which gives him broad discretion in how to apply it. If he refuses, the Congress will override his veto. He would then be under great political pressure to implement its provisions, however cautiously, and Congress itself, of course, will have continuing freedom to react.