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C o g e s o a R e s a r c S e r i c
December 23, 2020
Hong Kong: Key Issues in 2021
The Hong Kong Special Administrative Region (HKSAR,
or Hong Kong) is a city located off the southern coast of
Guangdong Province, People's Republic of China (PRC or
China). More than 90% of Hong Kong's population is
ethnically Chinese. The first language of the vast majority
is Cantonese, a variety of Chinese different from what is
spoken in most of the PRC.
Under the provisions of a 1984 international treaty known
as the Joint Declaration, sovereignty over Hong Kong
transferred from the United Kingdom to the PRC on July 1,
1997. In the Joint Declaration, China pledged the former
British colony will enjoy a high degree of autonomy,
except in foreign and defence affairs, and will be vested
with executive, legislative and independent judicial power,
including that of final adjudication. China also promised
that the [r]ights and freedoms, including those of the
person, of speech, of the press, of assembly, of association,
of travel, of movement, of correspondence, of strike, of
choice of occupation, of academic research and of religious
belief will be ensured by law.
The Joint Declaration also required that the PRC pass a
Basic Law for the HKSAR that incorporates these
commitments, and those commitments were to remain
unchanged for 50 years. On April 4, 1990, China's
National People's Congress passed the Basic Law of the
Hong Kong Special Administrative Region (HKSAR) of
the People's Republic of China (Basic Law).
Congress and the Trump Administration have expressed
their opposition to HKSAR and PRC government actions
that appear to have violated those commitments, and have
imposed visa and economic restrictions on individuals and
entities they view as responsible for the erosion of Hong
Kong's autonomy and the rights of Hong Kong residents.
The PRC government responded by imposing restrictions
on U.S. citizens it views as interfering in the internal affairs
of the HKSAR and the PRC, contributing to social unrest,
and threatening national security.
Key Events in 2020
The governments of the HKSAR and the PRC took several
actions in 2020 that seemingly reduced the city's promised
high degree of autonomy, placed new restrictions on the
rights of Hong Kong residents, and appear to be designed to
suppress opposition to these actions.
National Security Law
On June 30, 2020, China's National People's Congress
Standing Committee (NPCSC) drafted and approved a
national security law (NSL) for the HKSAR, criminalizing
the organization and perpetration of terrorist activities, as
well as secession, subversion, and collusion with a foreign
country or with external elements to endanger national
security. The NPCSC and the HKSAR government have
stated that the NSL was necessary to restore order
following the large-scale protests of 2019. For more about
the 2019 protests, see CRS In Focus IF 11295, Hong Kong's
Protests of 2019.
Hong Kong at a Glance
Population (2020): 7.5 million
Area: 1,082 square kilometers (418 square miles)
Per Capita GDP (2019): HK$381,714 (US$48,938)
Life Expectancy (at birth, 2018): Men: 82.2 years;
Women: 88.1 years
Leadership: Chief Executive Carrie Lam Cheng Yuet-ngor
Source: Hong Kong Census and Statistics Department
The Hong Kong Police Force (HKPF) has arrested dozens
of people for alleged NSL violations. At least four people
have been formally charged under the NSL, including
Jimmy Lai Chee-ying, owner and publisher of the pro-
democracy newspaper, Apple Daily. The NSL, as written,
applies to alleged violations committed by anyone,
anywhere in the world, including in the United States. The
maximum penalty for NSL violations is life in prison. For
more about the NSL, see CRS Report R46473, China 's
National Security Law for Hong Kong: Issues for Congress.
Disqualification of Legislators
Hong Kong courts disqualified six members of the city's
Legislative Council (Legco) in 2016 and 2017 after the
HKSAR government challenged how they took their oaths
of office. On November 11, 2020, the HKSAR government
disqualified four members of Legco based on a decision by
the NPCSC that established new qualifications to be a
Legco member. The following day, 15 members of Legco's
pro-democracy coalition submitted their resignations in
opposition to the actions of the NPCSC and the HKSAR
government. For more about the 2020 disqualifications, see
CRS Insight IN11533, Hong Kong Government
Disqualifies Four Legislative Council Members.
As a result of the disqualifications and resignations, Legco,
which is supposed to have 70 members, now consists of
41 pro-establishment coalition members who generally
support the HKSAR government, and 2 other unaffiliated
members. For more about Legco, see CRS In Focus
IF10500, Hong Kong's Legislative Council (Legco).
Arrests and Imprisonment of Dissidents
The HKPF arrested more than 10,000 people for alleged
crimes committed during the 2019 protests. More than
2,300 of those arrested have been officially charged in
Hong Kong courts; more than 200 have been convicted,
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