April 13, 2026
The Honorable Marco Rubio
Secretary of State
U.S. Department of State
The Honorable Scott Bessent
Secretary of the Treasury
U.S. Department of the Treasury
The Honorable Howard Lutnick
Secretary of Commerce
U.S. Department of Commerce
Dear Secretary Rubio, Secretary Bessent, and Secretary Lutnick:
We the undersigned civil society organizations write to urge you to issue an updated Hong Kong Business Advisory to ensure that U.S. citizens and companies are fully informed of the rapidly deteriorating operating environment in Hong Kong.
The last Business Advisory, issued in September 2024, warned that “risks…increasingly present in the PRC are now present in Hong Kong,” particularly following the expansion of national security authorities. Since that time, developments in Hong Kong have only accelerated in ways that materially heighten legal, operational, and reputational risks for U.S. businesses.
Most urgently, the U.S. Consulate General in Hong Kong issued a security alert on March 26, 2026, warning of new enforcement rules under the National Security Law, including provisions that may require individuals to provide access to electronic devices and passwords upon request. While this alert appropriately highlights immediate risks to U.S. citizens, it is limited in scope and does not address the broader legal, compliance, and operational risks facing U.S. businesses. A formal updated Business Advisory is therefore needed to provide authoritative, government-wide guidance on the evolving risk environment and to help companies make informed decisions about their activities in Hong Kong.
These developments are part of a broader trend since the last Business Advisory. The passage and implementation of Hong Kong’s Article 23 national security legislation introduced sweeping and vaguely defined offenses, including those related to “state secrets” and “external interference,” with potential extraterritorial reach. In particular, the new “state secrets” provisions are alarming for businesses in Hong Kong. Among other things, they authorize the government to take action against investors and other businesses for obtaining and sharing virtually any negative information about Hong Kong’s government, economy, or investment potential–ordinary, day-to-day activities for investors–so long as the information is arbitrarily declared to be within the scope of “national security.” Subsequent amendments and enforcement measures have further aligned Hong Kong’s legal environment with that of mainland China, eroding the transparency, rule of law, and data protections that once distinguished the city as a global financial center.
Most recently, the move by Hong Kong authorities to further seize and target the assets of media owner, publisher, and now political prisoner Jimmy Lai, as well as his media company Apple Daily, underscores the growing risk that property and financial assets may be frozen or confiscated. Such actions heighten concerns for U.S. businesses about asset security, due process, and the potential for politically motivated enforcement, reinforcing the need for clear guidance through an updated Business Advisory.
For U.S. businesses, the structural shift in Hong Kong’s business environment creates several acute risks:
- Data security and intellectual property exposure: Authorities may compel access to corporate devices and sensitive data, including trade secrets and client information.
- Legal and compliance uncertainty: Vague national security provisions could criminalize routine business activities, including due diligence, market research, and engagement with international partners.
- Employee safety risks: U.S. personnel may be subject to detention, interrogation, or legal jeopardy for actions that would be lawful elsewhere.
- Sanctions and reputational risk: Hong Kong’s increasing integration with mainland systems raises the likelihood that companies could inadvertently violate U.S. sanctions or become entangled in illicit financial networks.
We are also concerned that Hong Kong’s evolving role in global financial networks may intersect with broader geopolitical challenges, including efforts by sanctioned and adversarial governments, such as Iran and Russia, to access international markets. As enforcement gaps widen and transparency declines, Hong Kong poses risks of heightened legal and financial liability for U.S. firms, in the face of reports of private sector actors using it as a conduit for sanctions evasion.
Given these developments, we respectfully urge the Administration to:
- Issue an updated Hong Kong Business Advisory reflecting the March 2026 security changes and subsequent enforcement risks;
- Provide clear guidance on data security, legal exposure, and compliance risks, including best practices for protecting sensitive information;
- Highlight sanctions-related risks, including the potential misuse of Hong Kong’s financial system by sanctioned actors; and
- Coordinate across agencies to ensure that U.S. businesses receive consistent, actionable, and timely information.
An updated advisory would not only help U.S. companies make informed decisions, but also reaffirm the United States’ commitment to transparency, rule of law, and the protection of its citizens and businesses abroad.
We appreciate your attention to this urgent matter and stand ready to provide any additional information that may assist your review.
Respectfully,
Hong Kong Organizations
- Reporters Without Borders (RSF)
- Assembly of Citizens’ Representatives, Hong Kong
- Australia Hong Kong Link Association Inc.
- Canada-Hong Kong Link
- Committee for Freedom in Hong Kong (CFHK) Foundation
- Dandelion Aid for Resilience & Empowerment
- Dandelion Solidarity CIC
- HongKonger Community Center
- Hong Kong Forum, Los Angeles
- Hong Kong Liberty Silver Hair
- Hong Kong Outlanders in Taiwan
- Hong Kong Watch
- Hong Kongers in San Diego
- HongKonger Care Team
- New Yorkers Supporting Hong Kong (NY4HK)
- Northern California Hong Kong Club
- NYC852HKER
- SEArious For HKG
- US Hongkongers Club
Allied Diaspora and International Human Rights Organizations
- Alliance for Citizens Rights
- Amnesty International USA
- Campaign For Uyghurs
- Fortify Rights
- Grupo de Apoio ao Tibete – Portugal
- Human Rights Foundation
- Human Rights in China
- International Tibet Network
- JF BOOKS