Six years ago, the U.S. responded firmly to Hong Kong’s changing legal landscape. After Beijing enacted a comprehensive national security law, the “one country, two systems” framework ended. In response, President Trump signed Executive Order 13936. This declared a national emergency and removed Hong Kong’s preferential trade status. It also allowed sanctions against officials responsible for curtailing freedoms in Hong Kong.
Recently, the national emergency underpinning Trump’s order ceased silently. On July 14, the customary renewal was not filed by the administration. Despite the absence of any U.S. announcement, China’s Ministry of Commerce revealed the news on July 17. It portrayed it as a fulfillment of commitments from trade discussions in Madrid last September. The U.S. Treasury Department later confirmed the decision but did not provide an explanation.
This situation has practical implications. Sanctions relief now covers nine officials linked to the Hong Kong crackdown. Among them are Justice Secretary Paul Lam and National Security Department Chief Sonny Au. These individuals have enforced laws that have imprisoned activists and shuttered news outlets.
The lapse could restore Hong Kong’s previous trade status and export-control exemptions. However, conditions in Hong Kong remain unchanged. New offenses criminalize withholding passwords from police. Additional powers allow the city’s leader to certify cases as national-security matters beyond judicial review.
Thousands of Hong Kongers have sought refuge in the U.S., fleeing the repression targeted by the national emergency. They viewed America as a safe haven from a government that extends its reach internationally to silence critics. Hong Kong authorities have issued bounties on pro-democracy activists overseas. The U.S. silence now suggests wavering support to those who trusted American protection.
The decision appears as a trade concession, not rooted in improvements in Hong Kong. It’s crucial to know what America received from Beijing in return. Congress has the means to uncover the details through hearings and document requests. Human rights and trade policy should remain distinct.
Congress, having previously backed the Hong Kong Human Rights and Democracy Act, should ensure that sanctions on Hong Kong officials remain. The people of Hong Kong, activists like Jimmy Lai, and families who sought American protection deserve better treatment than being reduced to negotiation tools.
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