Hong Kong Watch welcomes bipartisan bill to remove diplomatic status from HKETOs

On Monday 7 April, US Representative Chris Smith (R-NJ) reintroduced HR 2661, the Hong Kong Economic and Trade Office Certification Act, which would require the State Department to reevaluate the extension of the diplomatic privileges granted to the three Hong Kong Economic and Trade Offices (HKETOs) in the United States. Representative James P. McGovern (D-MA) joined Smith as an original cosponsor of the legislation. 

Research by Hong Kong Watch has previously found that the three US HKETOs in New York, San Francisco, and Washington DC are afforded similar privileges and immunities in US law to diplomatic embassies and consulates. They serve as de facto embassies for the Hong Kong government, engaging in commercial relations, public relations, and investment promotion. 

The work of HKETOs increasingly follows Beijing’s narratives on Hong Kong, using concepts such as the Greater Bay Area (GBA) to promote Hong Kong SAR as a gateway to the People’s Republic of China. Hong Kong Watch has also raised concerns about the potential role of HKETOs in coordinating transnational repression against diaspora activists in the US, UK and Canada.

The new Bill would require the Secretary of State to certify whether HKETOs in the United States merit the extension of diplomatic “privileges, exemptions, and immunities” that they currently maintain.  If the Secretary certifies that the HKETOs do not merit diplomatic immunities, the President would terminate HKETO operations. This determination would be required yearly if the HKETO offices remain open in the United States. 

Representative Smith previously introduced The Hong Kong Economic and Trade Office Certification Act in the 118th Congress. It passed the House but was not taken up by the Senate. 

Thomas Benson, Research and Policy Advisor at Hong Kong Watch, commented:

“The diplomatic privileges afforded to HKETOs under US law were based on the assumption that Hong Kong would retain a high degree of autonomy from the Mainland. Since the passing of the 2020 National Security Law, that autonomy has been slowly eroded, and with it the justification for having de facto consular offices for Hong Kong. 

“HKETOs are used today to promote Beijing’s policies and influence abroad, and to justify the ongoing crackdown on fundamental rights and freedoms in Hong Kong. We welcome a review of their status in US law, and encourage other countries where an HKETO is present to also review their privileges and immunities under local law.” 

香港監察歡迎美國兩黨議員重推法案 要求撤銷香港駐美經貿辦外交特權

4月7日，美國共和黨眾議員史密斯（Chris Smith）重新提出《香港經濟貿易辦事處認證法案》（Hong Kong Economic and Trade Office Certification Act），法案要求美國國務院重新評估賦予三個香港駐美經濟貿易辦事處（香港經貿辦 HKETOs）的外交特權。民主黨眾議員麥高文（James McGovern）與史密斯議員共同贊助這項法案。

香港監察研究及政策顧問Thomas Benson表示：

「美國法律賦予香港經貿辦的外交特權建基在香港維持相對於中國大陸高度自治的假設。自2020年《國家安全法》通過以來，香港的自治逐步被削弱，設立實際上是領事機構的正當性也隨之站不住腳。

香港經貿辦如今被用來在海外宣傳北京的政策和影響力，並為持續打壓香港的基本權利和自由辯護。我們歡迎美國審視香港經貿辦在美國法律中的地位，並鼓勵其他設有經貿辦的國家也審視這些機構根據當地法律享有的特權和豁免權。」