H.R. 10406: Jimmy Lai Hong Kong Political Prisoner Accountability Act of 2026

This bill would create a U.S. policy and sanctions framework aimed at Hong Kong officials and others who are responsible for the death of a Hong Kong political prisoner while that person is in custody.

What the bill says a “Hong Kong political prisoner” is

The bill defines a Hong Kong political prisoner broadly. In general, it covers someone detained or imprisoned because of peaceful political, religious, press, assembly, association, labor, or related activity, or because of politically motivated enforcement actions. It also creates a presumption that someone charged or convicted under certain Hong Kong security-related laws is a political prisoner unless the Secretary of State determines otherwise based on credible evidence.

The laws specifically referenced include Hong Kong’s National Security Law, sedition provisions, the Public Order Ordinance, the 2024 Safeguarding National Security Ordinance, and similar successor laws.

What the bill would require the U.S. government to do

The bill states that the United States should regard the treatment of Hong Kong political prisoners as a direct U.S. interest, including concerns about human rights, Hong Kong’s autonomy, U.S. citizens and businesses in Hong Kong, and Hong Kong’s role as an international financial and commercial center.

If credible information indicates that a Hong Kong political prisoner has died in custody, the Secretary of State must act within specific deadlines:

• Within 30 days, determine whether the death was caused or contributed to by denial of medical care, abuse, torture, harmful conditions of confinement, or another act or omission by the detaining authorities.

• Identify each foreign official, agent, or employee responsible for, complicit in, or directing those actions.

• Within 60 days after that determination, impose sanctions on those identified individuals.

Sanctions and other consequences

The sanctions would use existing authorities, including those under the Global Magnitsky Human Rights Accountability Act and the Hong Kong Autonomy Act, plus any other sanctions Congress has authorized and the Secretary finds appropriate.

The bill also says sanctions could be lifted only if the U.S. government is certified that:

• there was a credible, independent, and transparent investigation into the death;

• those responsible were prosecuted or otherwise held accountable through fair-trial standards; and

• the family received full and impartial information and appropriate remedies.

Before sanctions are terminated, the Secretary must report to Congress on senior officials who had command or supervisory responsibility and whether they themselves are subject to sanctions.

Other actions the bill directs or encourages

If a political prisoner dies in custody, the bill would direct the Secretary of State to:

• raise the issue at the United Nations and other international organizations;

• seek an independent inquiry by the UN High Commissioner for Human Rights;

• coordinate sanctions and diplomatic responses with allies such as the United Kingdom, Canada, Australia, and the European Union;

• impose visa restrictions on adult family members of sanctioned persons, using available authorities;

• submit a report within 90 days and annually thereafter on the health and treatment of Jimmy Lai and other Hong Kong political prisoners; and

• consider additional sanctions or other steps against people involved in the mistreatment of political prisoners, including possible changes to the privileges and immunities of Hong Kong Economic and Trade Offices in the United States, to the extent allowed by law.

Jimmy Lai-specific provisions

The bill includes findings and a “sense of Congress” section focused on Jimmy Lai, stating that he should be released immediately and unconditionally, that he should receive full consular access, and that his prosecution is viewed in the bill as a serious human rights concern. These statements are policy positions rather than direct legal commands, but they help explain the bill’s purpose.

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