III 

Calendar No. 55 

118TH CONGRESS 

1ST SESSION S. RES. 106 

Condemning Beijing’s destruction of Hong Kong’s democracy and rule of 

law. 

IN THE SENATE OF THE UNITED STATES 

MARCH 15, 2023 

Mr. RISCH (for himself, Mr. MENENDEZ, Mr. BARRASSO, Mr. BLUMENTHAL, 

Mr. CASSIDY, Mr. MERKLEY, Mr. YOUNG, Mr. OSSOFF, Mr. GRAHAM, 

Ms. DUCKWORTH, Mrs. BLACKBURN, Mr. KAINE, Mr. CRAPO, Ms. CORTEZ MASTO, Mr. RUBIO, Mr. WYDEN, Mr. CRUZ, Mr. COONS, Mr. 

DAINES, Mr. LUJA ́N, Mr. MORAN, Mrs. SHAHEEN, Mr. CRAMER, Mr. 

CARDIN, Mr. BOOZMAN, Mr. PETERS, Mr. LANKFORD, Mr. VAN HOLLEN, Mr. SULLIVAN, Ms. HASSAN, Ms. MURKOWSKI, Ms. SMITH, Mr. 

BRAUN, Mr. SCHATZ, Mr. HOEVEN, Ms. BALDWIN, Mr. HAWLEY, Mr. 

MURPHY, Mr. SCOTT of South Carolina, Mr. BOOKER, and Mr. DURBIN) 

submitted the following resolution; which was referred to the Committee 

on Foreign Relations 

MAY 4, 2023 

Reported by Mr. MENENDEZ, with an amendment and an amendment to the 

preamble 

[Strike out all after the resolving clause and insert the part printed in italic] 

[Strike the preamble and insert the part printed in italic] 

RESOLUTION 

Condemning Beijing’s destruction of Hong Kong’s democracy 

and rule of law. 


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•SRES 106 RS 

Whereas, in 1997, Great Britain handed Hong Kong over to 

Chinese rule under guarantees that Hong Kong would become a Special Administrative Region under the ‘‘one 

country, two systems’’ principle, pursuant to which Hong 

Kong’s Basic Law would apply and would enshrine ‘‘fundamental rights’’ of Hong Kong residents and a political 

structure, including an independent judiciary, the right to 

vote, and freedoms of assembly and speech, among others; 

Whereas the Government of the People’s Republic of China 

(PRC) has repeatedly undermined Hong Kong’s autonomy since the 1997 handover, including actions which resulted in political protests in Hong Kong, including the 

Umbrella Movement in 2014, a protest against Beijing’s 

attempt to reform Hong Kong’s electoral system, and the 

2019–2020 protests, which opposed the Hong Kong Government’s attempt to implement an extradition law that 

would have subjected Hong Kongers to prosecution in 

mainland China; 

Whereas the Hong Kong Police Force used excessive force to 

try to quell the 2019–2020 protestors, many of whom 

were under the age of 30; 

Whereas the Government of the People’s Republic of China 

responded to these protests by passing and implementing 

the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special 

Administrative Region (commonly referred to as the 

‘‘Hong Kong national security law’’) a vaguely defined 

criminal statute that includes overly broad charges and 

extraterritorial reach to punish people for exercising their 

fundamental rights and freedoms; 


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•SRES 106 RS 

Whereas, since its enactment in June 2020, this law has been 

used by the Government of the People’s Republic of 

China as a pretext to crack down on legitimate and 

peaceful expression, including the exercise of freedoms of 

assembly, speech, and religious belief provided for under 

the Basic Law, to replace the Hong Kong legislature with 

individuals loyal to the Chinese Communist Party, and to 

pass new immigration laws that subject Hong Kong citizens and residents, as well as PRC nationals and foreign 

nationals, to exit bans in Hong Kong similar to those implemented in mainland China; 

Whereas more than 200 people have been arrested under the 

Hong Kong national security law since its enactment in 

June 2020; 

Whereas the Government of the People’s Republic of China 

is using the Hong Kong national security law to harass, 

target, and threaten non-Hong Kong citizens and those 

outside of Hong Kong, based upon for unsubstantiated 

and vague allegations of ‘‘endangering national security’’; 

Whereas, Jimmy Lai, a 75-year-old Hong Kong pro-democracy advocate and media entrepreneur, has been targeted 

and persecuted for decades, most recently through multiple prosecutions, including related to exercising his 

rights to freedom of peaceful assembly and freedom of 

expression, his sentencing to over five years in prison 

under politically motivated fraud charges and the seizure 

of his multimillion dollar independent media organization 

Apple Daily by the Hong Kong authorities; 

Whereas Mr. Lai is now one of the highest profile cases facing trial under vaguely defined charges under the socalled ‘‘national security law’’; 


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•SRES 106 RS 

Whereas, Cardinal Zen, a 90-year-old Roman Catholic cardinal, and five other colleagues were found guilty of politically motivated charges related to failing to register a 

humanitarian fund that helped anti-government protesters; 

Whereas the Government of the People’s Republic of China’s 

undermining of democracy in Hong Kong has ramifications for the international order, including with regard to 

the future of Taiwan; 

Whereas the Hong Kong Government has conducted a public 

relations campaign to convince global business leaders 

that Hong Kong remains a critical and attractive international financial center, while simultaneously undermining the independence of institutions that encouraged 

its growth over the past several decades; 

Whereas Hong Kong still maintains a separate voting share 

from the People’s Republic of China at many multilateral 

organizations—including the Asia Pacific Economic Cooperation forum, the Financial Action Task Force, the 

International Olympic Committee, and the World Trade 

Organization—effectively doubling the People’s Republic 

of China’s voting power at these critical institutions; and 

Whereas the Hong Kong Human Rights and Democracy Act 

(Public Law 116–76; 22 U.S.C. 5701 note), signed into 

law in November 2019, requires the President to use 

sanctions to promote accountability for those responsible 

for certain conduct that undermines fundamental freedoms and autonomy in Hong Kong: Now, therefore, be 

it 

Whereas, in 1997, Great Britain handed Hong Kong over to 

Chinese rule under guarantees that Hong Kong would beVerDate Sep 11 2014 21:48 May 04, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6300 E:\BILLS\SR106.RS SR106

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•SRES 106 RS 

come a Special Administrative Region under the ‘‘one 

country, two systems’’ principle, pursuant to which Hong 

Kong’s Basic Law would apply and would enshrine ‘‘fundamental rights’’ of Hong Kong residents and a political 

structure, including an independent judiciary, the right to 

vote, and freedoms of assembly and speech, among others; 

Whereas the Government of the People’s Republic of China 

(PRC) has repeatedly undermined Hong Kong’s autonomy 

since the 1997 handover, including actions which resulted 

in political protests in Hong Kong, including the Umbrella Movement in 2014, a protest against Beijing’s attempt to reform Hong Kong’s electoral system, and the 

2019–2020 protests, which opposed the Hong Kong Government’s attempt to implement an extradition law that 

would have subjected Hong Kongers to prosecution in 

mainland China; 

Whereas the Hong Kong Police Force used excessive force to try 

to quell the 2019–2020 protestors, many of whom were 

under the age of 30; 

Whereas the Government of the People’s Republic of China responded to these protests by passing and implementing the 

Law of the People’s Republic of China on Safeguarding 

National Security in the Hong Kong Special Administrative Region (commonly referred to as the ‘‘Hong Kong national security law’’) a vaguely defined criminal statute 

that includes overly broad charges and extraterritorial 

reach to punish people for exercising their fundamental 

rights and freedoms; 

Whereas, since its enactment in June 2020, this law has been 

used by the Government of the People’s Republic of China 

as a pretext to crack down on legitimate and peaceful expression, including the exercise of freedoms of assembly, 


pbinns on DSKJLVW7X2PROD with $$_JOB
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•SRES 106 RS 

speech, and religious belief provided for under the Basic 

Law, to replace the Hong Kong legislature with individuals loyal to the Chinese Communist Party, and to pass 

new immigration laws that subject Hong Kong citizens 

and residents, as well as PRC nationals and foreign nationals, to exit bans in Hong Kong similar to those implemented in mainland China; 

Whereas more than 200 people have been arrested under the 

Hong Kong national security law since its enactment in 

June 2020; 

Whereas at least 47 individuals known collectively as the Hong 

Kong 47, including Benny Tai Yiu-ting and Joshua Wong 

Chi-fung, are facing national security charges for organizing or participating in a peaceful unofficial primary 

election, many of whom have been held in lengthy pretrial 

detention; 

Whereas the Government of the People’s Republic of China is 

using the Hong Kong national security law to harass, target, and threaten non-Hong Kong citizens and those outside of Hong Kong, based upon for unsubstantiated and 

vague allegations of ‘‘endangering national security’’; 

Whereas, Jimmy Lai, a 75-year-old Hong Kong pro-democracy 

advocate and media entrepreneur, has been targeted and 

persecuted for decades, most recently through multiple 

prosecutions, including related to exercising his rights to 

freedom of peaceful assembly and freedom of expression, his 

sentencing to over five years in prison under politically 

motivated fraud charges and the seizure of his multimillion dollar independent media organization Apple 

Daily by the Hong Kong authorities; 


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•SRES 106 RS 

Whereas Mr. Lai is now one of the highest profile cases facing 

trial under vaguely defined charges under the so-called 

‘‘national security law’’; 

Whereas, Cardinal Zen, a 90-year-old Roman Catholic cardinal, and five other colleagues were found guilty of politically motivated charges related to failing to register a humanitarian fund that helped anti-government protesters; 

Whereas the Government of the People’s Republic of China’s 

undermining of democracy in Hong Kong has ramifications for the international order, including with regard to 

the future of Taiwan; 

Whereas the Hong Kong Government has conducted a public 

relations campaign to convince global business leaders that 

Hong Kong remains a critical and attractive international 

financial center, while simultaneously undermining the 

independence of institutions that encouraged its growth 

over the past several decades; 

Whereas Hong Kong still maintains a separate voting share 

from the People’s Republic of China at many multilateral 

organizations—including the Asia Pacific Economic Cooperation forum, the Financial Action Task Force, the 

International Olympic Committee, and the World Trade 

Organization—effectively doubling the People’s Republic of 

China’s voting power at these critical institutions; and 

Whereas the Hong Kong Human Rights and Democracy Act 

(Public Law 116–76; 22 U.S.C. 5701 note), signed into 

law in November 2019, requires the President to use sanctions to promote accountability for those responsible for 

certain conduct that undermines fundamental freedoms 

and autonomy in Hong Kong: Now, therefore, be it 

1 Resolved, That the Senate— 


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•SRES 106 RS 

1 (1) condemns the Government of the People’s 

2 Republic of China’s ‘‘Hong Kong national security 

3 law’’ and related human rights abuses; 

4 (2) urges all governments that value democracy 

5 or autonomy to hold the Chinese Communist Party 

6 accountable for its destruction of Hong Kong’s au7 tonomy, rule of law, and freedoms; 

8 (3) supports the people of Hong Kong as they 

9 fight to exercise fundamental rights and freedoms, 

10 as enumerated by— 

11 (A) the Joint Declaration of the Govern12 ment of the United Kingdom of Great Britain 

13 and Northern Ireland and the Government of 

14 the People’s Republic of China on the Question 

15 of Hong Kong, done at Beijing December 19, 

16 1984; 

17 (B) the International Covenant on Civil 

18 and Political Rights, done at New York Decem19 ber 19, 1966; and 

20 (C) the Universal Declaration of Human 

21 Rights, done at Paris December 10, 1948; 

22 (4) condemns the Government of the People’s 

23 Republic of China’s practice of bringing false and 

24 politically motivated charges, such as fraud, against 


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•SRES 106 RS 

1 Hong Kongers in order to tarnish their reputations 

2 in advance of their national security law trials; 

3 (5) calls upon the Hong Kong Government to 

4 immediately drop all sedition and national security 

5 law-related charges and free all defendants imme6 diately, including Jimmy Lai and Cardinal Zen; 

7 (6) expresses extreme concern about the Gov8 ernment of the People’s Republic of China’ State-di9 rected theft of Apple Daily, and holds that Hong 

10 Kong no longer has credibility as an international 

11 business center due to the erosion of the regulatory 

12 and legal environments that have promoted its eco13 nomic growth for decades; 

14 (7) encourages the United States Government 

15 and other governments to take steps at multilateral 

16 institutions to ensure that voting procedures recog17 nize that there is no longer a meaningful distinction 

18 between Hong Kong and mainland China; and 

19 (8) urges the United States Government to use 

20 all available tools, including those authorized by the 

21 Hong Kong Human Rights and Democracy Act, in 

22 response to the Government of the People’s Republic 

23 of China’s actions in Hong Kong. 

24 That the Senate— 


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•SRES 106 RS 

1 (1) condemns the Government of the People’s Re2 public of China’s ‘‘Hong Kong national security law’’ 

3 and related human rights abuses; 

4 (2) urges all governments that value democracy 

5 or autonomy to hold the Chinese Communist Party 

6 accountable for its destruction of Hong Kong’s auton7 omy, rule of law, and freedoms; 

8 (3) supports the people of Hong Kong as they 

9 fight to exercise fundamental rights and freedoms, as 

10 enumerated by— 

11 (A) the Joint Declaration of the Govern12 ment of the United Kingdom of Great Britain 

13 and Northern Ireland and the Government of the 

14 People’s Republic of China on the Question of 

15 Hong Kong, done at Beijing December 19, 1984; 

16 (B) the International Covenant on Civil 

17 and Political Rights, done at New York Decem18 ber 19, 1966; and 

19 (C) the Universal Declaration of Human 

20 Rights, done at Paris December 10, 1948; 

21 (4) condemns the Government of the People’s Re22 public of China’s practice of bringing false and politi23 cally motivated charges, such as fraud, against Hong 

24 Kongers in order to tarnish their reputations in ad25 vance of their national security law trials; 


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•SRES 106 RS 

1 (5) calls upon the Hong Kong Government to 

2 immediately drop all sedition and national security 

3 law-related charges, including those against the Hong 

4 Kong 47, Jimmy Lai, and Cardinal Zen, and free all 

5 defendants immediately; 

6 (6) expresses extreme concern about the Govern7 ment of the People’s Republic of China’ State-directed 

8 theft of Apple Daily, and holds that Hong Kong no 

9 longer has credibility as an international business 

10 center due to the erosion of the regulatory and legal 

11 environments that have promoted its economic growth 

12 for decades; 

13 (7) encourages the United States Government 

14 and other governments to take steps at multilateral 

15 institutions to ensure that voting procedures recognize 

16 that there is no longer a meaningful distinction be17 tween Hong Kong and mainland China; and 

18 (8) urges the United States Government to use 

19 all available tools, including those authorized by the 

20 Hong Kong Human Rights and Democracy Act, in 

21 response to the Government of the People’s Republic 

22 of China’s actions in Hong Kong. 


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Calendar No. 55 

118TH CONGRESS 

1ST SESSION S. RES. 106 

RESOLUTION 

Condemning Beijing’s destruction of Hong Kong’s 

democracy and rule of law. 

MAY 4, 2023 

Reported with an amendment and an amendment to the 

preamble 


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