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

This section defines terms used throughout the Act. It establishes "covered foreign person" as any official, agent, or employee of the Government of the People's Republic of China or the Government of Hong Kong responsible for the arrest, detention, prosecution, imprisonment, or abuse of a Hong Kong political prisoner. It defines "Hong Kong political prisoner" as an individual detained for the peaceful exercise of rights under the Sino-British Joint Declaration or Basic Law, or charged or convicted under the National Security Law, sedition provisions, Public Order Ordinance, or the 2024 Safeguarding National Security Ordinance. It also specifies the "Secretary" as the Secretary of State, in coordination with the Secretary of the Treasury, and identifies the relevant congressional committees.

This section states findings on the imprisonment of Jimmy Lai, a 78-year-old UK citizen and founder of Apple Daily, who has been held in Hong Kong since December 2020, convicted in December 2025, and sentenced to 20 years in February 2026 under the National Security Law. It addresses the detention of more than one thousand others, including Chow Hang-tung, Joshua Wong, Lee Cheuk-yan, and Gwyneth Ho, under restrictive conditions without independent oversight, and the responsibilities of the Chinese and Hong Kong governments under international standards.

This section declares that the United States has a direct national interest in the welfare and release of individuals detained in Hong Kong for the peaceful exercise of human rights, whom it regards as political prisoners. It directs the United States to advocate for their immediate release, including that of Jimmy Lai Chee-ying; hold the governments of China and Hong Kong accountable for their health and treatment; respond promptly to any death in custody with sanctions, diplomatic measures, and actions at the United Nations; and coordinate with allies including the United Kingdom, Canada, Australia, and the European Union.

This section requires the Secretary of State, within 30 days of credible information that a Hong Kong political prisoner died in custody, to determine whether the death resulted from denial of medical care, physical abuse, torture, cruel treatment, or substandard conditions, and to identify responsible covered foreign persons. It mandates Global Magnitsky and Hong Kong Autonomy Act sanctions on those persons within 60 days, permits termination after certification of a credible independent investigation, prosecution meeting fair trial standards, and remedies to the family, and requires an unclassified report to Congress 30 days before any termination.

This section directs the Secretary of State, upon determining that a Hong Kong political prisoner died in custody, to request an independent United Nations inquiry into the death and conditions of detention, discuss the matter at the UN Human Rights Council and Security Council, and coordinate sanctions with the United Kingdom, Canada, Australia, and the European Union. It requires visa restrictions on adult family members of individuals sanctioned under section 5(b). It mandates a report within 90 days, and annually thereafter, on the health status of Jimmy Lai Chee-ying and other Hong Kong political prisoners, any denial of medical, legal, consular, or family access, and recommendations for additional U.S. measures. It also requires consideration within 90 days of sanctions, other legal actions, and withdrawal of privileges for Hong Kong Economic and Trade Offices regarding officials or persons responsible for arbitrary detention or mistreatment of political prisoners.

This section expresses the sense of Congress that Jimmy Lai Chee-ying should be immediately and unconditionally released from detention in Hong Kong; that the Government of the People's Republic of China should grant him full consular access consistent with the Vienna Convention on Consular Relations; that his prosecution under the National Security Law violates freedoms of expression and press; and that the United States should treat his case as a priority human rights matter in diplomatic engagements with China and the United Kingdom.