S. 5404: Jimmy Lai Hong Kong Political Prisoner Accountability Act of 2026

This bill would direct the U.S. government to respond more aggressively if a Hong Kong political prisoner dies in custody. It is focused on Jimmy Lai, but it also applies more broadly to people the Secretary of State determines are Hong Kong political prisoners.

What the bill defines

The bill defines “Hong Kong political prisoner” broadly. In general, it includes people detained or imprisoned in Hong Kong, or elsewhere by Chinese authorities, because of peaceful political activity, journalism, religious activity, labor activity, advocacy, or other protected expression. 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 finds credible evidence otherwise.

It also defines “covered foreign person” as a government official, agent, or employee of the Chinese or Hong Kong government who is determined to be responsible for, complicit in, or directing the arrest, detention, abuse, or death of such a prisoner.

What the U.S. policy would be

The bill states that the United States has an interest in the welfare and release of political prisoners in Hong Kong. It says the U.S. should treat their detention and treatment as important to:

• the rule of law and rights in Hong Kong,
• Hong Kong’s promised autonomy,
• the safety of U.S. citizens and businesses in Hong Kong,
• Hong Kong’s role as an international financial and commercial center, and
• broader U.S. human rights and foreign policy interests.

The bill also says that if a political prisoner dies in custody because of the actions or omissions of detaining authorities, the U.S. should respond with significant consequences, including sanctions and diplomatic actions, and should coordinate with allies such as the U.K., Canada, Australia, and the European Union.

What happens if a political prisoner dies in custody

If the Secretary of State receives credible information that a Hong Kong political prisoner has died in custody, the bill would require the Secretary to:

• determine whether the death was caused by lack of medical care, abuse, torture, harsh conditions, or some other act or omission by authorities;
• identify the responsible officials;
• impose sanctions on those officials within 60 days; and
• report to Congress before any sanctions are lifted.

The sanctions would use existing authorities under laws such as the Global Magnitsky Act and the Hong Kong Autonomy Act, and could include other sanctions authorized by Congress.

Sanctions could be lifted only if the U.S. government certifies that there was a credible, independent, and transparent investigation, that responsible people were held accountable through fair proceedings, and that the family received full information and remedies.

Other actions the bill directs

The bill would require the State Department to take additional steps after a death in custody, including:

• raising the issue at the United Nations and other international bodies;
• seeking an independent inquiry by the U.N. High Commissioner for Human Rights;
• coordinating parallel sanctions with allies;
• considering visa restrictions on adult family members of sanctioned officials; and
• reporting to Congress on Jimmy Lai’s health and on any denial of medical care, legal access, consular access, or family contact for Hong Kong political prisoners.

The bill also directs the Secretary of State to consider whether additional people should be sanctioned under existing law, and to recommend whether the U.S. should limit privileges or immunities for Hong Kong Economic and Trade Offices in the United States, to the extent allowed by law.

Statements of Congress

The bill says Congress believes Jimmy Lai should be released, should receive full consular access, and should be treated as a priority human rights case in U.S. diplomacy. It also includes findings about his case, the treatment of other detainees in Hong Kong, and concerns about medical care, solitary confinement, and oversight of detention conditions.

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