Biden Issues Order For Safe Haven of Hong Kong Residents in the United States For 18 Months

 

 

A recent Canadian Advisory notes that on August 1, 2021, the Immigration (Amendment) Ordinance 2021 in Hong Kong came into force.

Hong Kong authorities may prevent specific individuals from leaving the territory. In the absence of clarifying legislation, these new powers may relate to investigations into an individual, their family or an employer, and criminal and civil matters.

You may not be aware that you are the subject of movement restrictions until you try to leave Hong Kong. It may be difficult to obtain information on movement restrictions from local authorities.

On August 5, the State Department also announced the “safe haven” for Hong Kongers through the Deferred Enforced Departure for Hong Kong residents in the United States.

At the end of June 2020, the People’s Republic of China imposed the sweeping National Security Law on Hong Kong, further undermining Hong Kong’s autonomy. Over the course of this crackdown, Beijing and Hong Kong authorities have arbitrarily delayed scheduled elections, disqualified lawmakers, undermined press freedom, and arrested more than 10,000 people. The PRC has fundamentally altered the bedrock of Hong Kong’s institutions and suppressed freedoms of Hong Kongers. Despite widespread demonstrations, which brought millions together to call for greater freedom, Hong Kong’s promise of democracy has dimmed. Today, President Biden directed Deferred Enforced Departure for Hong Kong residents in the United States for 18 months, joining our partners and allies in offering safe haven should residents fear returning to Hong Kong.

In the face of PRC and Hong Kong authorities’ attempts to stifle democratic aspirations, we will take action. We will continue to stand up for the human rights and freedoms guaranteed to people in Hong Kong by the Sino-British Joint Declaration and the Basic Law. Today we send a clear message that the United States resolutely stands with people in Hong Kong.

See White House memorandum.

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US Consulate General Hong Kong Staffers and Kids in HK Quarantine Center

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Two employees at the USCG Hong Kong reportedly tested positive of COVID-19. According to local news the Hong Kong  Special Administrative Region Government has allowed the children of these staffers to join them in a quarantine center.  A separate report says that a three-year old daughter of consulate employees has also tested positive and the school had now been closed.  Mainland China news alleged that the US staffers claimed diplomatic immunity to avoid quarantine. The State Department called it “absolutely false.” The HK SAR says that the “US Consulate General in Hong Kong has been fully co-operative with the Government on all the above action items to combat COVID-19.”
Via SCMP Hong Kong:
Hong Kong leader Chief Executive  Carrie Lam Cheng Yuet-ngor confirmed that two infected US consulate employees, a married couple, had already been sent to the hospital on Monday night, while special permission had been granted to allow their children to join them instead of being sent into quarantine as per long-enforced rules. But she emphasised the exceptional treatment for the pair was made on compassionate grounds and based on their family circumstances, rather than their status as consulate workers.
” …. Lam said the government allowed for children to be admitted to hospital along with their parents and that the special dispensation had been granted to the consulate workers, who also had a daughter who tested preliminary-positive.
“We are a compassionate government … Instead of sending the very young kids on their own to the quarantine centre or asking other relatives and friends to go into a quarantine centre with these kids, we will exceptionally allow the admission of their children into the hospital as well,” she said. “We are applying the exceptional treatment, not exceptional because they are US consulate staff, but exceptional because of their family circumstances.”

[…]
Arrangements for families hit by Covid-19 were thrust into the spotlight this past week when a flare-up of cases enveloping part of the expatriate community on Hong Kong Island, affecting international school teachers, bankers and lawyers, forced many children into quarantine. They are among about 120 children and teens currently isolated at the government facilities.”

On March 15, the US Consulate General Hong Kong posted a statement on its website about being informed that two Consulate General employees have tested positive for COVID-19. The consulate will remain closed until March 22. It also released a Health Alert for American citizens:

On March 15, 2021 the U.S. Consulate General in Hong Kong and Macau was informed that two Consulate General employees tested positive for COVID-19. We have closed the Consulate General to perform a deep disinfection and cleaning while contact tracing is conducted. The Consulate employees that tested positive for COVID-19 do not work in offices that interact with the public. We are aware that many U.S. citizens in Hong Kong are concerned about local government testing, quarantine, and hospitalization procedures, particularly in regard to the possible separation of children from their parents. The U.S. Consulate General is actively addressing these concerns at the highest levels of the Hong Kong government to advocate for the U.S. citizen community. We urge U.S. citizens in Hong Kong to comply with all instructions from the Hong Kong Center for Health Protection.

At the March 15 DPB, the StateDepartment’s Deputy spokesperson was asked about this and she responded:

“Yes, so we’ve been informed that two consulate general employees have tested positive for COVID-19, but due to privacy concerns, we’re not able to share additional information. When it comes to disinformation about these two not complying to quarantine, that is absolutely false.”

The Hong Kong SAR Government also released a statement:

“… The cases have been admitted to the hospital for isolation, and all staff members and visitors who have been present at the relevant premises are required to undergo testing according to the relevant legislation. The two preliminary positive cases belong to the same family. Having learnt that the two patient are staff members of the US Consulate General in Hong Kong, the Government has immediately liaised with the Consulate General; the Centre for Health Protection (CHP) has also contacted the relevant persons, and arranged them to be admitted to the hospital for isolation and medical treatment according to the mechanism.
[…]
The US Consulate General in Hong Kong has been fully co-operative with the Government on all the above action items to combat COVID-19.”

HK SAR also issued “a compulsory testing notice pursuant to the Prevention and Control of Disease (Compulsory Testing for Certain Persons) Regulation (Cap. 599J), which requires any person who had been present at the US Consulate General in Hong Kong between March 2 and 15, 2021 to undergo a COVID-19 nucleic acid test.”
In related news, the American Chamber of Commerce in Hong Kong said that the international business community has undergone an unsettling weekend with children from several schools under threat of being sent to mandatory government quarantine facilities after mandatory testing due to COVID outbreaks. The Chamber conducted a quick poll to gauge its members’ views. A majority of those surveyed said they were worried or somewhat worried about entire school classes being sent to government quarantine facilities, and that the policy is unjustified when it comes to the health of children. Over half of those surveyed said that if this policy became routine it would factor into their decision about staying in Hong Kong.  AmCham suggested “more clarity and transparency of information around quarantine arrangements for minors be given to schools and parents while the government does its best to control the pandemic” See more here.
Meanwhile, on March 16, the State Department named 24 PRC and Hong Kong officials who have materially contributed to the PRC’s failure to meet its obligations under the Sino – British Joint Declaration (see Update to Report on Identification of Foreign Persons Involved in the Erosion of the Obligations of China Under the Joint Declaration or the Basic Law). This was an update to the October 14 report, consistent with section 5(e) of the HKAA and includes financial sanctions and visa restrictions.
On March 17, the State Department also released a statement on the Hong Kong Autonomy Act Update):

“Today’s update identifies 24 PRC and Hong Kong officials whose actions have reduced Hong Kong’s high degree of autonomy, including 14 vice chairs of the National People’s Congress Standing Committee and officials in the Hong Kong Police Force’s National Security Division, the Hong Kong and Macau Affairs Office, and the Office for Safeguarding National Security.  Foreign financial institutions that knowingly conduct significant transactions with the individuals listed in today’s report are now subject to sanctions.”

We’ve reached out to the State Department on the quarantine of USG employees. We’re hoping to have a follow-report.