By Ethan Fox, Second Place winner of the 2024 Human Rights Essay Contest – Undergraduate Division
Since 2020, Beijing has been systematically dismantling Hong Kong’s promised freedoms. In July 2020, China imposed a sweeping National Security Law (NSL) on Hong Kong, criminalizing broad categories of dissent (e.g. “subversion,” “collusion with foreign forces,” etc.) and enabling life sentences1. The law has been used to ban opposition parties, disqualify pro-democracy legislators, and silence independent media. Hundreds of activists and civic leaders have been arrested under the NSL2. Independent outlets such as Apple Daily were forced to close, and dozens of NGOs have disbanded under pressure3. By late 2023 and early 2024, Hong Kong’s authorities further cemented control with a new Article 23 security law, which expanded police powers and further criminalized free speech.4
Shanghai-trained Hong Kong police face pro-democracy protesters in 2023. Public assemblies in Hong Kong have been effectively banned, and even small civic gatherings are met with arrest under the national security regime.5
In March 2024, Secretary Blinken noted that in the past year, “China continued to take actions against Hong Kong’s promised high degree of autonomy, democratic institutions, and rights and freedoms,” including the enactment of Article 23.6 The US State Department’s 2021 Hong Kong Policy Act report found “arbitrary arrests and politically-motivated prosecutions of opposition politicians, activists, and peaceful protesters” under the NSL, along with indefinite postponement of elections and pressure on Hong Kong’s independent judiciary7. In short, the “one country, two systems” framework is under severe strain, as Beijing directly governs core affairs that should be Hong Kong’s domain.
A pro-democracy activist is escorted into court under the National Security Law. Dozens of leading politicians, journalists, and civil society figures – including 47 organizers of the 2020 primaries – have been charged with subversion or collusion. International observers note that these trials effectively “sweep away” Hong Kong’ s dissenting voices.8
Hong Kong’s fate has become a flashpoint in the already tense relationship between the United States and China. Beijing dismisses Washington’s concerns as unlawful interference. More recently, Chinese officials announced sanctions on U.S. politicians and NGO leaders, “who have performed poorly on Hong Kong-related issues,” accusing the U.S. of violating international law.9 This tit-for-tat confrontation underscores rising bilateral tensions, as China and the U.S. are already locked in a trade war and strategic rivalry. Our policy toward Hong Kong thus operates in a delicate balance. If we raise human rights, Beijing may retaliate in trade or regional security, yet silence would damage U.S. credibility on democracy and embolden authoritarianism globally.
Hong Kong also has broad international resonance. The Sino-British Joint Declaration (a registered treaty by the UN) legally binds China to uphold Hong Kong’s system and rights. UK Foreign Secretary Dominic Raab warned that Beijing’s NSL, “lies in direct conflict with China’s international obligations under the Joint Declaration”.10 Indeed, Hong Kong’s open society undergirds its economic vitality, a fact Congress codified when authorizing the Hong Kong Policy Act. Advancing these values thus aligns with both our strategic and moral interests.
Global geopolitics also impacts our approach. Beijing’s crackdown has drawn condemnation from Western allies (UK, Canada, EU, Japan, etc.), and any U.S. strategy will be more effective if coordinated multilaterally. Conversely, if we and our allies speak out strongly, this can reinforce the international rules-based order and deter other authoritarian regimes from similar abuse. However, we must expect China to frame Western actions as part of a, “foreign plot,” potentially tightening domestic control under that pretext11. Our response must therefore be principled yet prudent.
The United States should pursue a multi-pronged diplomatic strategy that steadfastly defends Hong Kong’s freedoms without undercutting broader U.S. interests. Key actions include:
● Coordinate with Allies and Partners: Lead a coalition response. Engage the UK (especially regarding the Joint Declaration and the recent British National [Overseas] visa pathway), EU, Japan, Canada, Australia, and others to issue joint statements and coordinate sanctions or visa restrictions on violators.12 Leverage forums like the G7, UN
Human Rights Council, and ASEAN Regional Forum to keep Hong Kong on the agenda. For instance, the G7 Foreign Ministers’ communique explicitly urged respect for Hong Kong’s rights and warned that China’s actions “risk seriously undermining” its autonomy.13 Encourage allied governments to offer refuge as well, as a coordinated Atlantic-Pacific response would signal that Hong Kong’s autonomy is an international priority.
● Highlight Legal Obligations: Emphasize that Beijing is breaching binding agreements. We should publicly underscore the Sino-British Joint Declaration and Hong Kong’s Basic Law commitments (including the ICCPR provisions they incorporate). In every appropriate diplomatic channel – from the UN to bilateral talks – U.S. representatives should note that Article 23 measures and NSL enforcement violate those commitments.14 Supporting the UK in raising this issue at the UN (e.g. in the Six-Party Joint Declaration context or a UNHRC statement) would reinforce China’s international law violations. Such legal framing appeals to the international community’s norms and makes it harder for China to dismiss criticism as mere interference.
● Maintain Targeted Pressure (e.g. Sanctions and Visa Bans): Continue and refine punitive measures on key figures who implement the repression. Secretary Blinken’s announcement in March 2024 imposing new visa restrictions on multiple Hong Kong officials responsible for the rights crackdown is an example of a step in the right direction15. We should follow through with sanctions (e.g. under the Hong Kong Autonomy Act) on those who enforce the NSL (judges, police chiefs, prosecutors, and
Beijing officials in charge of Hong Kong). But these measures should be narrowly tailored. Analysts caution that broad sanctions can be co-opted by Beijing’s narrative and may have limited direct benefit for most Hongkongers16. Sanctions should therefore be used judiciously: focused on individuals and entities directly implicated in rights abuses, rather than punitive sweeping bans that could backfire or disrupt Hong Kong’s general economy. For example, avoid actions seen as “petty or gratuitously punitive” – like canceling academic exchanges wholesale or over-broad trade penalties, which could play into China’s claim of Western aggression while undermining long-term engagement.
● Strengthen Humanitarian and Civic Support: Bolster concrete assistance to the Hong Kong people. We have already provided a temporary safe haven most recently as this year. In January 2025, the President extended Deferred Enforced Departure (DED) for eligible Hong Kong residents, allowing for additional residency rights17. We should ensure this program is robustly implemented (streamlining processing, publicizing eligibility) and encourage allies (e.g. Canada, EU states) to adopt similar provisions. Support for Hong Kong NGOs, diaspora media, and civil society organizations must continue – through U.S. funding and capacity-building. For instance, we can expand visa quotas or special visas for persecuted activists and journalists, and work with Congress to fund Hong Kong human rights groups. Diplomatic engagement can also include quietly urging third countries (especially in Asia) to speak up or refuse to extradite dissidents, thus putting even more pressure on China.
● Leverage International Institutions: Use every available multilateral channel. Request that the UN High Commissioner for Human Rights and other special rapporteurs continue monitoring Hong Kong. Public statements, such as V olker Türk’s strong rebuke of the hurried Article 23 law, are valuable18. Press for a resolution or oral update on Hong Kong at the UNHRC or even the UNGA Third Committee. Mention Hong Kong regularly in bilateral human rights dialogues (to the extent China permits) and in international forums (e.g. during the MDG review, climate talks, etc.) to keep visibility. Coordinate with the United Nations Secretariat to ensure Hong Kong figures in any reports on the rule of law or territorial autonomy.
● Messaging and Public Diplomacy: Sustain a clear narrative linking Hong Kong’s autonomy to U.S. national interest. Publicly emphasize that defending Hong Kong’s rights is not only a moral imperative but also protects a stable global financial hub. Use State Department press statements and speeches to highlight the U.S. commitments: for example, in 2021 Sec. Blinken stated we will, “stand with people in Hong Kong against [PRC’s] egregious policies”19. Domestically, inform Congress about the situation (e.g. through HK Policy Act reports) to ensure continued bipartisan support. Internationally, amplify Chinese dissidents’ voices (e.g. Hong Kong activists in exile) through media and social media. Counter Beijing’s propaganda by publicizing credible reports from NGOs (e.g. Amnesty, Human Rights Watch) and U.S. agencies, emphasizing China’s legal commitments20.
● Coordination with Regional Strategy: Embed Hong Kong policy within the broader Indo-Pacific framework. Ensure that human rights in Hong Kong are discussed alongside other regional issues (Taiwan, South China Sea, trade) in dialogues with Quad partners, 20EU, “G7 Foreign Ministers’ Statement on Hong Kong” 19Stewart, “Biden Administration continues treatment of Hong Kong” ASEAN, and NATO Asia-Pacific dialogues. Encourage allies to adopt consistent messaging – for example, the Biden Administration could work with Japan and Australia to publicly affirm that Hong Kong’s autonomy is essential to regional stability. This limits the risk of being isolated on the issue. Also, consider human rights when negotiating bilateral relations with China on topics like climate and health: while we should remain willing to cooperate on global challenges, we must insist that fundamental freedoms in Hong Kong and beyond are not off the table.
In summary, promoting human rights in Hong Kong requires balancing firm pressure with smart diplomacy. We must signal that actions violating the Sino-British Joint Declaration and Basic Law have consequences, while also demonstrating support for the citizens of Hong Kong. Diplomatic efforts should be persistent and well-coordinated with partners to offset Chinese pushback. By upholding Hong Kong’s guaranteed rights, we not only honor international law and our values but also maintain U.S. credibility worldwide. I recommend we implement the above strategy immediately, adapting tactics as events unfold.
1Terence P. Stewart, “Biden Administration continues treatment of Hong Kong as no longer autonomous from China, inter alia, for purposes of marking of products”, 2021, wita.orgishr.ch
2James Pomfret and Jessie Pang, “After long legal battle, Hong Kong’s 47 democrats brace for sentencing”, 2024, ishr.chreuters.com
3Kanis Leung, “China to retaliate with sanctions on US officials, NGO leaders over Hong Kong issues”, 2025, apnews.comwita.org
4David Brunnstrom and Kanishka Singh, “US to impose new visa curbs on Hong Kong officials over rights crackdown”, 2024, shr.chreuters.com
5Stewart, “Biden Administration continues treatment of Hong Kong”
6Brunnstrom and Singh, “US to impose new visa curbs”
7Stewart,“Biden Administration continues treatment of Hong Kong”
8Pomfret and Pang, “Hong Kong’s 47 democrats brace for sentencing”
9Leung, “China to retaliate with sanctions”
10Foreign & Commonwealth Office and The Rt Hon Dominic Raab, “China’s proposed national security law for Hong Kong: Foreign Secretary’s statement to Parliament”, 2020, https://www.gov.uk/government/speeches/foreign-secretary-statement-to-parliament-on-hong-kong
11Carole J. Petersen, “Sanctions and Human Rights: Lessons from Hong Kong”, 2021, https://usali.org/usali-perspectives-blog/sanctions-and-human-rights-lessons-from-hong-kong
12AL JAZEERA“UK’s Johnson offers visa relaxation to 3 million Hong Kong people”, June 3, 2020, https://www.aljazeera.com/news/2020/6/3/uks-johnson-offers-visa-relaxation-to-3-million-hong-kong-people
13European Union,“G7 Foreign Ministers’ Statement on Hong Kong”, June 17, 2020, https://www.eeas.europa.eu/eeas/g7-foreign-ministers%E2%80%99-statement-hong-kong_en
14EU,“G7 Foreign Ministers’ Statement on Hong Kong”
15Brunnstrom and Singh, “US to impose new visa curbs”
16Petersen, “Sanctions and Human Rights: Lessons from Hong Kong”
17US Citizen and Immigration Services, “Deferred Enforced Departure”, January 15, 2025, https://www.uscis.gov/humanitarian/deferred-enforced-departure
18Lee Chung Lun “UN voices unanimously condemn Hong Kong’s new national security law” , ISHR, March 28, 2024, https://ishr.ch/latest-updates/un-voices-unanimously-condemn-hong-kongs-new-national-security-law/