II 

116TH CONGRESS 

2D SESSION S. 3892 

To authorize lifetime residents of Hong Kong to apply for asylum in the 

United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 4, 2020 

Mr. SASSE introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To authorize lifetime residents of Hong Kong to apply for 

asylum in the United States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hong Kong Victims 

5 of Communism Support Act’’. 

6 SEC. 2. SENSE OF CONGRESS; STATEMENT OF POLICY. 

7 (a) SENSE OF CONGRESS.—It is the sense of Con8 gress that— 

9 (1) Hong Kong has flourished as a bastion of 

10 freedom because of— 


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1 (A) the rule of law and autonomous status 

2 afforded under the Hong Kong Basic Law, 

3 adopted by the National People’s Congress on 

4 April 4, 1990, and effective since July 1, 1997; 

5 and 

6 (B) the enterprising and free people of 

7 Hong Kong; and 

8 (2) the direct imposition of national security 

9 legislation on Hong Kong, adopted by the National 

10 People’s Congress on May 28, 2020— 

11 (A) lies in direct conflict with the prin12 ciples of the legally binding, United Nations13 registered Joint Declaration of the Government 

14 of the United Kingdom of Great Britain and 

15 Northern Ireland and the Government of the 

16 People’s Republic of China on the Question of 

17 Hong Kong, done at Beijing December 19, 

18 1984; 

19 (B) dramatically erodes the autonomy of 

20 Hong Kong; and 

21 (C) curtails the liberties of the people of 

22 Hong Kong. 

23 (b) STATEMENT OF POLICY.—It is the policy of the 

24 United States to provide support for the refugees and asy25 lum seekers who share the principles of liberty enshrined 


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1 in the Constitution of the United States and are fleeing 

2 Hong Kong due to actions the People’s Republic of China 

3 has taken to undermine Hong Kong’s high-degree of au4 tonomy afforded under the Basic Law and the Sino-Brit5 ish Joint Declaration. 

6 SEC. 3. ELIGIBILITY FOR ASYLUM. 

7 (a) DEFINED TERM.—In this section, the term 

8 ‘‘Hong Konger’’ means any individual who— 

9 (1) has enjoyed the right of abode in the Hong 

10 Kong Special Administrative Region since birth 

11 under the Immigration Ordinance (Chapter 115, 

12 Laws of Hong Kong); and 

13 (2) has maintained continuous residency in 

14 Hong Kong since birth. 

15 (b) IN GENERAL.—Notwithstanding paragraph (1) of 

16 section 208(b) of the Immigration and Nationality Act (8 

17 U.S.C. 1158(b)), any Hong Konger— 

18 (1) shall be deemed to be eligible for asylum in 

19 the United States unless he or she is described in 

20 paragraph (2) of such section 208(b); and 

21 (2) may apply for asylum at the United States 

22 Consulate General in Hong Kong and Macau before 

23 the date referred to in subsection (c). 

24 (c) SUNSET.—This section shall have no force or ef25 fect beginning on the date on which the Secretary of State 


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1 certifies to Congress that Hong Kong has regained a high 

2 degree of autonomy to warrant differential treatment 

3 under United States law consistent with reporting require4 ments under sections 205 and 301 of the United States5 Hong Kong Policy Act of 1992 (22 U.S.C. 5725 and 

6 5731). 

7 SEC. 4. TREATMENT OF HONG KONG APPLICANTS FOR ASY8 LUM. 

9 Consistent with section 206 of the United States10 Hong Kong Policy Act of 1992 (22 U.S.C. 5726), and not11 withstanding any other provision of law, any application 

12 for asylum under section 208 of the Immigration and Na13 tionality Act (8 U.S.C. 1158), including any application 

14 authorized under section 3(b) of this Act, which was sub15 mitted by an otherwise qualified applicant who resided in 

16 the Hong Kong Special Administrative Region in 2014 or 

17 later may not be denied primarily on the basis of the appli18 cant’s subjection to politically motivated arrest, detention, 

19 or other adverse government action. 

20 SEC. 5. CONSULTATION REQUIREMENT. 

21 The Secretary of Homeland Security and the Attor22 ney General shall consult with the Director of National 

23 Intelligence and the Secretary of State regarding any risks 

24 to national security associated with granting asylum to a 

25 permanent resident of the Hong Kong Special AdministraVerDate Sep 11 2014 17:46 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3892.IS S3892

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1 tive Region that meets the eligibility requirements under 

2 section 3(b). 

3 SEC. 6. STRATEGY. 

4 Not later than 30 days after the date of the enact5 ment of this Act, the Secretary of State, in consultation 

6 with the Secretary of Homeland Security, shall develop a 

7 strategy for providing support and technical assistance to 

8 the United Kingdom of Great Britain and Northern Ire9 land, the Republic of China (Taiwan), the countries sur10 rounding Hong Kong Special Administrative Region, and 

11 any other country offering to provide migration services 

12 and asylum to eligible Permanent Residents of the Hong 

13 Kong Special Administrative Region, which shall— 

14 (1) identify the types of support and technical 

15 assistance required by such countries; 

16 (2) identify the existing United States Govern17 ment resources and authorities to provide support 

18 and technical assistance to such countries; 

19 (3) identify any gaps in resources or authorities 

20 to provide support and technical assistance to such 

21 countries; and 

22 (4) assess how the efforts of the United States 

23 to accept asylees from Hong Kong and provide sup24 port and technical assistance to countries offering to 

25 provide migration services and asylum to the people 


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1 of Hong Kong is impacting the interests and foreign 

2 policy of the People’s Republic of China. 

Æ 


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