One City, Two Legal Systems: Political Prisoners and the Erosion of the Rule of Law in Hong Kong

According to some estimates, there are over 1,000 political prisoners in Hong Kong, a development that was unthinkable less than a decade ago. Following 2019 protests for democracy and political reforms, the Chinese government unilaterally imposed a national security law (NSL) that created four vaguely defined national security crimes and a set of rules that weakened Hong Kong’s once vaunted judicial independence, creating a parallel legal system to try NSL cases with judges handpicked by the Chief Executive.  

Defendants accused of political crimes are sometimes being held in lengthy pretrial detentions for as long as two years and are stripped of common law procedural rights protections, like the right to be tried by a jury, violating rights found in Hong Kong’s Basic Law and the International Covenant on Civil and Political Rights. The NSL’s extraterritorial jurisdiction, which the Hong Kong government has used to charge people for acts committed outside of Hong Kong, creates a chilling effect on speech and political activities globally.

This hearing will examine the cases of Hong Kong’s political prisoners, including media entrepreneur Jimmy Lai, and explore options for the U.S. government and the international community to seek their release. It will also explore what the erosion of the rule of law means for U.S. citizens and businesses in Hong Kong.

Archive hearing video can be found on the CECC’s YouTube Channel.

Hearing Transcript [PDF]