Jimmy Lai Hong Kong Political Prisoner Accountability Act of 2026

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.