Home > 105th Congressional Bills > H.R. 750 (ih) To support the autonomous governance of Hong Kong after its reversion to the People's Republic of China. ...H.R. 750 (ih) To support the autonomous governance of Hong Kong after its reversion to the People's Republic of China. ...
105th CONGRESS
1st Session
H. R. 750
_______________________________________________________________________
AN ACT
To support the autonomous governance of Hong Kong after its reversion
to the People's Republic of China.
105th CONGRESS
1st Session
H. R. 750
_______________________________________________________________________
AN ACT
To support the autonomous governance of Hong Kong after its reversion
to the People's Republic of China.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hong Kong Reversion Act''.
SEC. 2. STATEMENT OF PURPOSE.
The purpose of this Act is to support the autonomous governance of
Hong Kong and the future well-being of the Hong Kong people by ensuring
the continuity of United States laws with respect to Hong Kong after
its reversion to the People's Republic of China on July 1, 1997, and to
outline circumstances under which the President of the United States
could modify the application of United States laws with respect to Hong
Kong if the People's Republic of China fails to honor its commitment to
give the Special Administrative Region of Hong Kong a high degree of
autonomy.
SEC. 3. FINDINGS.
The Congress makes the following findings:
(1) The Joint Declaration of the Government of the United
Kingdom of Great Britain and Northern Ireland and the
Government of the People's Republic of China on the Question of
Hong Kong, done at Beijing on December 19, 1984, is a binding
international agreement which sets forth the commitments made
by both governments on the reversion of Hong Kong to the
People's Republic of China on July 1, 1997.
(2) The People's Republic of China in the Joint Declaration
pledges, among other things, that ``the Hong Kong Special
Administrative Region will enjoy a high degree of autonomy,
except in foreign and defence affairs. . .,'' that basic human
rights and freedoms ``will be ensured by law. . .,'' and that
``[t]he legislature of the Hong Kong Special Administrative
Region shall be constituted by elections.''.
(3) Senior government officials of the People's Republic of
China have repeatedly assured a smooth transfer of Hong Kong to
Chinese sovereignty, a successful implementation of the ``one
country, two systems'' policy, long-term prosperity for Hong
Kong, and continued respect for the basic rights of the Hong
Kong people.
(4) Despite general assertions guaranteeing the autonomous
governance of Hong Kong, several official acts and statements
by senior officials of the Government of the People's Republic
of China reflect an attempt to infringe upon the current and
future levels of autonomy in Hong Kong. These acts or
statements include, but are not limited to--
(A) initial proposals, which were later withdrawn,
by officials of the Government of the People's Republic
of China to obtain confidential files on civil servants
of the Hong Kong Government or require such civil
servants to take ``loyalty oaths'';
(B) the decision of the Government of the People's
Republic of China to dissolve the democratically
elected Legislative Council on July 1, 1997, and the
appointment of a provisional legislature in December of
1996;
(C) the delineation by officials concerning the
types of speech and association which will be permitted
by the Government of the People's Republic of China
after the reversion;
(D) initial warnings, which were later withdrawn,
to religious institutions not to hold certain
gatherings after the reversion; and
(E) the decision on February 23, 1997, of the
Standing Committee of the National People's Congress of
the People's Republic of China to repeal or amend
certain Hong Kong ordinances, including the Bill of
Rights Ordinance, the Societies Ordinance of 1992
(relating to freedom of association), and the Public
Order Ordinance of 1995 (relating to freedom of
assembly).
(5) The reversion of Hong Kong to the People's Republic of
China has important implications for both United States
national interests and the interests of the Hong Kong people.
The United States Government has a responsibility to ensure
that United States interests are protected during and after
this transition, and it has a profound interest in ensuring
that basic and fundamental human rights of the Hong Kong people
are also protected.
(6) The United States-Hong Kong Policy Act of 1992 sets
forth United States policy concerning Hong Kong's reversion to
the People's Republic of China on July 1, 1997, and Hong Kong's
special status as a Special Administrative Region of that
country. It ensures the continuity of United States laws
regarding Hong Kong while establishing a mechanism in section
202 of that Act whereby the President can modify the
application of United States laws with respect to Hong Kong if
the President ``determines that Hong Kong is not sufficiently
autonomous to justify treatment under a particular law of the
United States, or any provision thereof, different from that
accorded the People's Republic of China''.
(7) One of the principal purposes of the Congress in
enacting the United States Hong Kong Policy Act of 1992 was to
maintain Hong Kong's autonomy by ensuring that the United
States will continue to treat Hong Kong as a distinct legal
entity, separate and apart from the People's Republic of China,
for all purposes, in those areas in which the People's Republic
of China has agreed that Hong Kong will continue to enjoy a
high degree of autonomy, unless the President makes a
determination under section 202 of that Act.
(8) Although the United States Government can have an
impact on ensuring the future autonomy of the Hong Kong
Government and in protecting the well-being of the Hong Kong
people, ultimately the future of Hong Kong will be determined
by the willingness of the Government of the People's Republic
of China to maintain the freedoms now enjoyed by the people of
Hong Kong and to rely on the people of Hong Kong to govern
themselves.
SEC. 4. CONGRESSIONAL DECLARATIONS.
The Congress makes the following declarations:
(1) Recognizing that the United States Government and the
Hong Kong Government have long enjoyed a close and beneficial
working relationship, for example between the United States
Customs Service, the Federal Bureau of Investigation, the Drug
Enforcement Administration, the Immigration and Naturalization
Service, the Secret Service, and their corresponding agencies
of the Hong Kong Government, the United States urges the two
governments to continue their effective cooperation.
(2) Recognizing that the preservation of Hong Kong's
autonomous customs territory has important security and
commercial implications for the United States and the people of
Hong Kong, the United States calls upon the People's Republic
of China to fully respect the autonomy of the Hong Kong customs
territory.
(3) Recognizing that Hong Kong has historically been an
important port of call for United States naval vessels, the
United States urges the Government of the People's Republic of
China to consider in a timely and routine manner United States
requests for port calls at Hong Kong.
(4) Recognizing that Hong Kong enjoys a robust and
professional free press with important guarantees on the
freedom of information, the United States declares that a free
press and access to information are fundamentally important to
the economic and commercial success of Hong Kong and calls upon
the Government of the People's Republic of China to fully
respect these essential rights of the Hong Kong people.
(5) Recognizing that the first fully democratic elections
of a legislature in Hong Kong took place in 1995, following
nearly 150 years of colonial rule, the United States recognizes
that the Joint Declaration of 1984 requires that the Special
Administrative Region legislature ``shall be constituted by
elections'', declares that the failure to have an elected
legislature would be a violation of the Joint Declaration of
1984, and calls upon the Government of the People's Republic of
China to honor its treaty obligations.
(6) Recognizing that the United Kingdom belatedly reformed
Hong Kong laws with respect to the civil rights of the Hong
Kong people, the Hong Kong people have nevertheless long
enjoyed essential rights and freedoms as enumerated in the
Universal Declaration of Human Rights; therefore, the United
States declares that the decision of the National People's
Congress to repeal or amend certain ordinances is a serious
threat to the Hong Kong people's continued enjoyment of their
freedom of association, speech, and other essential human
rights, unless those rights are reestablished no later than
July 1, 1997, and calls upon the National People's Congress to
reconsider its decision.
(7) Recognizing that under the terms of the Joint
Declaration of 1984 the provisions of the International
Covenant on Civil and Political Rights will continue to apply
in Hong Kong, the United States welcomes the public statement
by the Chief Executive-designate of Hong Kong that the
legislation which will replace repealed or amended sections of
the Societies Ordinance and Public Order Ordinance will be the
subject of public consultation, and urges that the new
legislation should reflect both the clearly expressed wishes of
the people of Hong Kong and the provisions of the International
Covenant on Civil and Political Rights.
(8) Recognizing that Hong Kong currently maintains an
efficient capitalist economy and trade system by strictly
adhering to the rule of law, by honoring the sanctity of
contract, and by operating without corruption and with minimum
and transparent regulation, the United States calls upon the
Government of the People's Republic of China to fully respect
the autonomy and independence of the chief executive, the civil
service, the judiciary, the police of Hong Kong, and the
Independent Commission Against Corruption.
SEC. 5. PRESIDENTIAL DETERMINATION UNDER SECTION 202 OF THE UNITED
STATES-HONG KONG POLICY ACT OF 1992 AND ADDITIONAL
REPORTING REQUIREMENTS.
(a) In General.--In determining whether ``Hong Kong is not
sufficiently autonomous to justify treatment under a particular law of
the United States, or any provision thereof, different from that
accorded the People's Republic of China,'' as required by section
202(a) of the United States-Hong Kong Policy Act of 1992, the President
of the United States, based upon the assessments made pursuant to
subsection (b) of this section, as well as other information included
in the reports submitted under section 301 of the United States-Hong
Kong Policy Act of 1992, shall consider the performance of the Hong
Kong Government and the actions of the Government of the People's
Republic of China.
(b) Requirements for Reports to Congress.--The Secretary of State
shall include, in each report required by section 301 of the United
States-Hong Kong Policy Act of 1992, the following:
(1) Successful and timely conclusion of agreements and
treaties.--An assessment by the Secretary of State of whether
the Hong Kong Government or the People's Republic of China, or
both, as the case may be, have cooperated with the United
States Government in securing the following agreements or
treaties:
(A) A bilateral investment treaty.
(B) An extradition treaty.
(C) An agreement on consular access in Hong Kong
for United States citizens comparable to that provided
for in the consular convention between the United
States and the People's Republic of China.
(D) An agreement to preserve the United States
consulate, with privileges and immunities for United
States personnel.
(E) A mutual legal assistance agreement.
(F) A prison transfer agreement.
(G) A civil aviation agreement.
(2) Continued cooperation from the agencies of the hong
kong government.--An assessment by the Secretary of State of
whether agencies of the Hong Kong Government continue to
cooperate with United States Government agencies. The Secretary
of State shall cite in the report any evidence of diminished
cooperation in the areas of customs enforcement, drug
interdiction, and prosecution and prevention of money
laundering, counterfeiting, credit card fraud, and organized
crime.
(3) Preservation of good governance and rule of law in hong
kong.--An assessment by the Secretary of State of whether the
Hong Kong Government remains autonomous and relatively free of
corruption and whether the rule of law is respected in Hong
Kong. The Secretary of State shall cite in the report any--
(A) efforts to annul or curtail the application of
the Bill of Rights of Hong Kong;
(B) efforts to prosecute for violations of, or
broaden the application of, laws against treason,
secession, sedition, and subversion;
(C) acts or threats against nonviolent civil
disobedience;
(D) interference in the autonomy of the chief
executive, the civil service, the judiciary, or the
police;
(E) increased corruption in the Hong Kong
Government; and
(F) efforts to suppress freedom of the press or
restrict the free flow of information.
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