Jimmy Lai Hong Kong Political Prisoner Accountability Act of 2026

(a) Determination required. Not later than 30 days after receiving credible information that an individual who is a Hong Kong political prisoner has died while in the custody of the Government of Hong Kong, or because of the actions of authorities while detained by the Government of Hong Kong, the Secretary shall—

(1) determine whether the death of such individual was the result of—

(A) the denial of adequate medical care;

(B) physical abuse, torture, or cruel, inhuman, or degrading treatment;

(C) conditions of confinement inconsistent with international standards, including the Nelson Mandela Rules; or

(D) any other act or omission by detaining authorities that contributed to or caused the death; and

(2) identify each covered foreign person responsible for, complicit in, or having directed any of the actions described in subparagraphs (A) through (D) of paragraph (1).

(b) Mandatory sanctions

(1) In general. Not later than 60 days after making a determination under subsection (a), the Secretary shall impose the sanctions described in paragraph (2) with respect to each covered foreign person identified under subsection (a)(2).

(2) Sanctions described. The sanctions described in this paragraph are—

(A) the sanctions authorized in section 1263(b) of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 10101 et seq.);

(B) the sanctions authorized in Hong Kong Autonomy Act (Public Law 116–149; 22 U.S.C. 5701 note); and

(C) any other sanctions authorized by an Act of Congress that the Secretary determines appropriate.

(c) Termination of sanctions. The Secretary may terminate the application of sanctions under this Act with respect to a covered foreign person if the Secretary certifies to Congress that—

(1) the Government of the People's Republic of China or the Government of Hong Kong has conducted a credible, independent, and transparent investigation into the death of the Hong Kong political prisoner concerned;

(2) the persons responsible for the death have been prosecuted or otherwise held accountable through a process meeting international fair trial standards; and

(3) the family of the Hong Kong political prisoner concerned has received full, impartial information regarding the circumstances of the death and appropriate remedies.

(d) Report to Congress

(1) In general. Not later than 30 days before terminating sanctions with respect to a covered foreign person under subsection (c), the Secretary shall submit to Congress a report that includes—

(A) an identification of any senior official of the Government of the People's Republic of China or the Government of Hong Kong who bore command or supervisory responsibility over the covered foreign person at the time of the death of a Hong Kong political prisoner; and

(B) a determination of whether such official is subject to sanctions under this section or existing authorities.

(2) Form. Each report required by paragraph (1) shall be submitted in unclassified form.