CHAPTER 66 —UNITED STATES-HONG KONG POLICY
SUBCHAPTER I—POLICY
SUBCHAPTER II—STATUS OF HONG KONG IN UNITED STATES LAW
SUBCHAPTER III—REPORTING PROVISIONS
§5701. Findings and declarations
The Congress makes the following findings and declarations:
(1) The Congress recognizes that under the 1984 Sino-British Joint Declaration:
(A) The People's Republic of China and the United Kingdom of Great Britain and Northern Ireland have agreed that the People's Republic of China will resume the exercise of sovereignty over Hong Kong on July 1, 1997. Until that time, the United Kingdom will be responsible for the administration of Hong Kong.
(B) The Hong Kong Special Administrative Region of the People's Republic of China, beginning on July 1, 1997, will continue to enjoy a high degree of autonomy on all matters other than defense and foreign affairs.
(C) There is provision for implementation of a "one country, two systems" policy, under which Hong Kong will retain its current lifestyle and legal, social, and economic systems until at least the year 2047.
(D) The legislature of the Hong Kong Special Administrative Region will be constituted by elections, and the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, as applied to Hong Kong, shall remain in force.
(E) Provision is made for the continuation in force of agreements implemented as of June 30, 1997, and for the ability of the Hong Kong Special Administrative Region to conclude new agreements either on its own or with the assistance of the Government of the People's Republic of China.
(2) The Congress declares its wish to see full implementation of the provisions of the Joint Declaration.
(3) The President has announced his support for the policies and decisions reflected in the Joint Declaration.
(4) Hong Kong plays an important role in today's regional and world economy. This role is reflected in strong economic, cultural, and other ties with the United States that give the United States a strong interest in the continued vitality, prosperity, and stability of Hong Kong.
(5) Support for democratization is a fundamental principle of United States foreign policy. As such, it naturally applies to United States policy toward Hong Kong. This will remain equally true after June 30, 1997.
(6) The human rights of the people of Hong Kong are of great importance to the United States and are directly relevant to United States interests in Hong Kong. A fully successful transition in the exercise of sovereignty over Hong Kong must safeguard human rights in and of themselves. Human rights also serve as a basis for Hong Kong's continued economic prosperity.
(
Statutory Notes and Related Subsidiaries
Short Title of 2019 Amendment
Short Title
Hong Kong Autonomy
"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
"(a)
"(b)
"SEC. 2. DEFINITIONS.
"In this Act:
"(1)
"(2)
"(A) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Select Committee on Intelligence, and the majority leader and the minority leader of the Senate; and
"(B) the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, the Permanent Select Committee on Intelligence, and the Speaker and the minority leader of the House of Representatives.
"(3)
"(4)
"(5)
"(6)
"(7)
"(8)
"(9)
"(10)
"(11)
"(A) any citizen or national of the United States;
"(B) any alien lawfully admitted for permanent residence in the United States;
"(C) any entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of such an entity); or
"(D) any person located in the United States.
"SEC. 3. FINDINGS.
"Congress makes the following findings:
"(1) The Joint Declaration and the Basic Law clarify certain obligations and promises that the Government of China has made with respect to the future of Hong Kong.
"(2) The obligations of the Government of China under the Joint Declaration were codified in a legally-binding treaty, signed by the Government of the United Kingdom of Great Britain and Northern Ireland and registered with the United Nations.
"(3) The obligations of the Government of China under the Basic Law originate from the Joint Declaration, were passed into the domestic law of China by the National People's Congress, and are widely considered by citizens of Hong Kong as part of the de facto legal constitution of Hong Kong.
"(4) Foremost among the obligations of the Government of China to Hong Kong is the promise that, pursuant to Paragraph 3b of the Joint Declaration, 'the Hong Kong Special Administrative Region will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government'.
"(5) The obligation specified in Paragraph 3b of the Joint Declaration is referenced, reinforced, and extrapolated on in several portions of the Basic Law, including Articles 2, 12, 13, 14, and 22.
"(6) Article 22 of the Basic Law establishes that 'No department of the Central People's Government and no province, autonomous region, or municipality directly under the Central Government may interfere in the affairs which the Hong Kong Special Administrative Region administers on its own in accordance with this Law.'.
"(7) The Joint Declaration and the Basic Law make clear that additional obligations shall be undertaken by China to ensure the 'high degree of autonomy' of Hong Kong.
"(8) Paragraph 3c of the Joint Declaration states, as reinforced by Articles 2, 16, 17, 18, 19, and 22 of the Basic Law, that Hong Kong 'will be vested with executive, legislative and independent judicial power, including that of final adjudication'.
"(9) On multiple occasions, the Government of China has undertaken actions that have contravened the letter or intent of the obligation described in paragraph (8) of this section, including the following:
"(A) In 1999, the Standing Committee of the National People's Congress overruled a decision by the Hong Kong Court of Final Appeal on the right of abode.
"(B) On multiple occasions, the Government of Hong Kong, at the advice of the Government of China, is suspected to have not allowed persons entry into Hong Kong allegedly because of their support for democracy and human rights in Hong Kong and China.
"(C) The Liaison Office of China in Hong Kong has, despite restrictions on interference in the affairs of Hong Kong as detailed in Article 22 of the Basic Law—
"(i) openly expressed support for candidates in Hong Kong for Chief Executive and Legislative Council;
"(ii) expressed views on various policies for the Government of Hong Kong and other internal matters relating to Hong Kong; and
"(iii) on April 17, 2020, asserted that both the Liaison Office of China in Hong Kong and the Hong Kong and Macau Affairs Office of the State Council 'have the right to exercise supervision * * * on affairs regarding Hong Kong and the mainland, in order to ensure correct implementation of the Basic Law'.
"(D) The National People's Congress has passed laws requiring Hong Kong to pass laws banning disrespectful treatment of the national flag and national anthem of China.
"(E) The State Council of China released a white paper on June 10, 2014, that stressed the 'comprehensive jurisdiction' of the Government of China over Hong Kong and indicated that Hong Kong must be governed by 'patriots'.
"(F) The Government of China has directed operatives to kidnap and bring to the mainland, or is otherwise responsible for the kidnapping of, residents of Hong Kong, including businessman Xiao Jianhua and bookseller Gui Minhai.
"(G) The Government of Hong Kong, acting with the support of the Government of China, introduced an extradition bill that would have permitted the Government of China to request and enforce extradition requests for any individual present in Hong Kong, regardless of the legality of the request or the degree to which it compromised the judicial independence of Hong Kong.
"(H) The spokesman for the Standing Committee of the National People's Congress said, 'Whether Hong Kong's laws are consistent with the Basic Law can only be judged and decided by the National People's Congress Standing Committee. No other authority has the right to make judgments and decisions.'.
"(10) Paragraph 3e of the Joint Declaration states, as reinforced by Article 5 of the Basic Law, that the 'current social and economic systems in Hong Kong will remain unchanged, as so will the life-style.'.
"(11) On multiple occasions, the Government of China has undertaken actions that have contravened the letter or intent of the obligation described in paragraph (10) of this section, including the following:
"(A) In 2002, the Government of China pressured the Government of Hong Kong to introduce 'patriotic' curriculum in primary and secondary schools.
"(B) The governments of China and Hong Kong proposed the prohibition of discussion of Hong Kong independence and self-determination in primary and secondary schools, which infringes on freedom of speech.
"(C) The Government of Hong Kong mandated that Mandarin, and not the native language of Cantonese, be the language of instruction in Hong Kong schools.
"(D) The governments of China and Hong Kong agreed to a daily quota of mainland immigrants to Hong Kong, which is widely believed by citizens of Hong Kong to be part of an effort to 'mainlandize' Hong Kong.
"(12) Paragraph 3e of the Joint Declaration states, as reinforced by Articles 4, 26, 27, 28, 29, 30, 31, 32[,] 33, 34, and 39 of the Basic Law, that the 'rights and freedoms, including those of person, of speech, of the press, of assembly, of association, of travel, of movement, of correspondence, of strike, of choice of occupation, of academic research and of religious belief will be ensured by law' in Hong Kong.
"(13) On multiple occasions, the Government of China has undertaken actions that have contravened the letter or intent of the obligation described in paragraph (12) of this section, including the following:
"(A) On February 26, 2003, the Government of Hong Kong introduced a national security bill that would have placed restrictions on freedom of speech and other protected rights.
"(B) The Liaison Office of China in Hong Kong has pressured businesses in Hong Kong not to advertise in newspapers and magazines critical of the governments of China and Hong Kong.
"(C) The Hong Kong Police Force selectively blocked demonstrations and protests expressing opposition to the governments of China and Hong Kong or the policies of those governments.
"(D) The Government of Hong Kong refused to renew [a] work visa for a foreign journalist, allegedly for hosting a speaker from the banned Hong Kong National Party.
"(E) The Justice Department of Hong Kong selectively prosecuted cases against leaders of the Umbrella Movement, while failing to prosecute police officers accused of using excessive force during the protests in 2014.
"(F) On April 18, 2020, the Hong Kong Police Force arrested 14 high-profile democracy activists and campaigners for their role in organizing a protest march that took place on August 18, 2019, in which almost 2,000,000 people rallied against a proposed extradition bill.
"(14) Articles 45 and 68 of the Basic Law assert that the selection of Chief Executive and all members of the Legislative Council of Hong Kong should be by 'universal suffrage.'.
"(15) On multiple occasions, the Government of China has undertaken actions that have contravened the letter or intent of the obligation described in paragraph (14) of this section, including the following:
"(A) In 2004, the National People's Congress created new, antidemocratic procedures restricting the adoption of universal suffrage for the election of the Chief Executive of Hong Kong.
"(B) The decision by the National People's Congress on December 29, 2007, which ruled out universal suffrage in 2012 elections and set restrictions on when and if universal suffrage will be implemented.
"(C) The decision by the National People's Congress on August 31, 2014, which placed limits on the nomination process for the Chief Executive of Hong Kong as a condition for adoption of universal suffrage.
"(D) On November 7, 2016, the National People's Congress interpreted Article 104 of the Basic Law in such a way to disqualify 6 elected members of the Legislative Council.
"(E) In 2018, the Government of Hong Kong banned the Hong Kong National Party and blocked the candidacy of pro-democracy candidates.
"(16) The ways in which the Government of China, at times with the support of a subservient Government of Hong Kong, has acted in contravention of its obligations under the Joint Declaration and the Basic Law, as set forth in this section, are deeply concerning to the people of Hong Kong, the United States, and members of the international community who support the autonomy of Hong Kong.
"SEC. 4. SENSE OF CONGRESS REGARDING HONG KONG.
"It is the sense of Congress that—
"(1) the United States continues to uphold the principles and policy established in the United States-Hong Kong Policy Act of 1992 [
"(A) as set forth in section 101(1) of the United States-Hong Kong Policy Act of 1992 (
"(B) as set forth in section 2(5) of the United States-Hong Kong Policy Act of 1992 (
"(2) although the United States recognizes that, under the Joint Declaration, the Government of China 'resumed the exercise of sovereignty over Hong Kong with effect on 1 July 1997', the United States supports the autonomy of Hong Kong in furtherance of the United States-Hong Kong Policy Act of 1992 and the Hong Kong Human Rights and Democracy Act of 2019 and advances the desire of the people of Hong Kong to continue the 'one country, two systems' regime, in addition to other obligations promulgated by China under the Joint Declaration and the Basic Law;
"(3) in order to support the benefits and protections that Hong Kong has been afforded by the Government of China under the Joint Declaration and the Basic Law, the United States should establish a clear and unambiguous set of penalties with respect to foreign persons determined by the Secretary of State, in consultation with the Secretary of the Treasury, to be involved in the contravention of the obligations of China under the Joint Declaration and the Basic Law and the financial institutions transacting with those foreign persons;
"(4) the Secretary of State should provide an unclassified assessment of the reason for imposition of certain economic penalties on entities, so as to permit a clear path for the removal of economic penalties if the sanctioned behavior is reversed and verified by the Secretary of State;
"(5) relevant Federal agencies should establish a multilateral sanctions regime with respect to foreign persons involved in the contravention of the obligations of China under the Joint Declaration and the Basic Law; and
"(6) in addition to the penalties on foreign persons, and financial institutions transacting with those foreign persons, for the contravention of the obligations of China under the Joint Declaration and the Basic Law, the United States should take steps, in a time of crisis, to assist permanent residents of Hong Kong who are persecuted or fear persecution as a result of the contravention by China of its obligations under the Joint Declaration and the Basic Law to become eligible to obtain lawful entry into the United States.
"SEC. 5. IDENTIFICATION OF FOREIGN PERSONS INVOLVED IN THE EROSION OF THE OBLIGATIONS OF CHINA UNDER THE JOINT DECLARATION OR THE BASIC LAW AND FOREIGN FINANCIAL INSTITUTIONS THAT CONDUCT SIGNIFICANT TRANSACTIONS WITH THOSE PERSONS.
"(a)
"(1) an identification of the foreign person; and
"(2) a clear explanation for why the foreign person was identified and a description of the activity that resulted in the identification.
"(b)
"(c)
"(1)
"(2)
"(A) to compromise the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution that furnished information on a confidential basis;
"(B) to jeopardize the integrity or success of an ongoing criminal investigation or prosecution;
"(C) to endanger the life or physical safety of any person; or
"(D) to cause substantial harm to physical property.
"(3)
"(d)
"(1)
"(A) does not have a significant and lasting negative effect that contravenes the obligations of China under the Joint Declaration and the Basic Law;
"(B) is not likely to be repeated in the future; and
"(C) has been reversed or otherwise mitigated through positive countermeasures taken by that foreign person.
"(2)
"(A) does not have a significant and lasting negative effect that contravenes the obligations of China under the Joint Declaration and the Basic Law;
"(B) is not likely to be repeated in the future; and
"(C) has been reversed or otherwise mitigated through positive countermeasures taken by that foreign financial institution.
"(3)
"(e)
"(1)
"(2)
"(f)
"(1)
"(2)
"(g)
"(1) took action that resulted in the inability of the people of Hong Kong—
"(A) to enjoy freedom of assembly, speech, press, or independent rule of law; or
"(B) to participate in democratic outcomes; or
"(2) otherwise took action that reduces the high degree of autonomy of Hong Kong.
"SEC. 6. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT CONTRAVENE THE OBLIGATIONS OF CHINA UNDER THE JOINT DECLARATION OR THE BASIC LAW.
"(a)
"(1)
"(2)
"(b)
"(1)
"(A) acquiring, holding, withholding, using, transferring, withdrawing, transporting, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the foreign person has any interest;
"(B) dealing in or exercising any right, power, or privilege with respect to such property; or
"(C) conducting any transaction involving such property.
"(2)
"SEC. 7. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL INSTITUTIONS THAT CONDUCT SIGNIFICANT TRANSACTIONS WITH FOREIGN PERSONS THAT CONTRAVENE THE OBLIGATIONS OF CHINA UNDER THE JOINT DECLARATION OR THE BASIC LAW.
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(A) acquiring, holding, withholding, using, transferring, withdrawing, transporting, importing, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the foreign financial institution has any interest;
"(B) dealing in or exercising any right, power, or privilege with respect to such property; or
"(C) conducting any transaction involving such property.
"(7)
"(8)
"(9)
"(10)
"(c)
"SEC. 8. WAIVER, TERMINATION, EXCEPTIONS, AND CONGRESSIONAL REVIEW PROCESS.
"(a)
"(1) determines that the waiver is in the national security interest of the United States; and
"(2) submits to the appropriate congressional committees and leadership a report on the determination and the reasons for the determination.
"(b)
"(1) do not have a significant and lasting negative effect that contravenes the obligations of China under the Joint Declaration and the Basic Law;
"(2) are not likely to be repeated in the future; and
"(3) have been reversed or otherwise mitigated through positive countermeasures taken by that foreign person or foreign financial institution.
"(c)
"(1)
"(A)
"(B)
"(2)
"(d)
"(1)
"(2)
"(e)
"(1)
"(A)
"(i) the title of which is as follows: 'A joint resolution disapproving the waiver or termination of sanctions with respect to a foreign person that contravenes the obligations of China with respect to Hong Kong or a foreign financial institution that conducts a significant transaction with that person.'; and
"(ii) the sole matter after the resolving clause of which is the following: 'Congress disapproves of the action under section 8 of the Hong Kong Autonomy Act relating to the application of sanctions imposed with respect to a foreign person that contravenes the obligations of China with respect to Hong Kong, or a foreign financial institution that conducts a significant transaction with that person, on ______ relating to ______.', with the first blank space being filled with the appropriate date and the second blank space being filled with a short description of the proposed action.
"(B)
"(i) the title of which is as follows: 'A joint resolution terminating sanctions with respect to foreign persons that contravene the obligations of China with respect to Hong Kong and foreign financial institutions that conduct significant transactions with those persons.'; and
"(ii) the sole matter after the resolving clause of which is the following: 'The Hong Kong Autonomy Act and any sanctions imposed pursuant to that Act shall terminate on ______.', with the blank space being filled with the termination date.
"(C)
"(2)
"(A) in the House of Representatives, by the majority leader or the minority leader; and
"(B) in the Senate, by the majority leader (or the majority leader's designee) or the minority leader (or the minority leader's designee).
"(3)
"(4)
"(A)
"(i)
"(I) referred to the Committee on Banking, Housing, and Urban Affairs if the resolution relates to an action that is not intended to significantly alter United States foreign policy with regard to China; and
"(II) referred to the Committee on Foreign Relations if the resolution relates to an action that is intended to significantly alter United States foreign policy with regard to China.
"(ii)
"(B)
"(C)
"(D)
"(E)
"(5)
"(A)
"(i) The resolution shall be referred to the appropriate committees.
"(ii) If a committee to which a resolution has been referred has not reported the resolution within 10 legislative days after the date of referral, that committee shall be discharged from further consideration of the resolution.
"(iii) Beginning on the third legislative day after each committee to which a resolution has been referred reports the resolution to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.
"(iv) The resolution shall be considered as read. All points of order against the resolution and against its consideration are waived. The previous question shall be considered as ordered on the resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled by the offeror of the motion to proceed (or a designee) and an opponent. A motion to reconsider the vote on passage of the resolution shall not be in order.
"(B)
"(i)
"(I) That resolution shall not be referred to a committee.
"(II) With respect to that resolution—
"(aa) the procedure in the Senate shall be the same as if no resolution had been received from the House of Representatives; but
"(bb) the vote on passage shall be on the resolution from the House of Representatives.
"(ii)
"(iii)
"(C)
"(6)
"(A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and
"(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
"SEC. 9. IMPLEMENTATION; PENALTIES.
"(a)
"(b)
"SEC. 10. RULE OF CONSTRUCTION.
"Nothing in this Act shall be construed as an authorization of military force against China."
[
Hong Kong Human Rights and Democracy
"SEC. 2. DEFINITIONS.
"In this Act [see Short Title of 2019 Amendment note above]:
"(1)
"(A) the Committee on Foreign Relations of the Senate;
"(B) the Committee on Armed Services of the Senate;
"(C) the Committee on Banking, Housing, and Urban Affairs of the Senate;
"(D) the Committee on Homeland Security and Governmental Affairs of the Senate;
"(E) the Committee on the Judiciary of the Senate;
"(F) the Committee on Foreign Affairs of the House of Representatives;
"(G) the Committee on Armed Services of the House of Representatives;
"(H) the Committee on Financial Services of the House of Representatives;
"(I) the Committee on Homeland Security of the House of Representatives; and
"(J) the Committee on the Judiciary of the House of Representatives.
"(2)
"(A) use existing financial credit systems, public records, online activity, and other tools of surveillance to aggregate data on every Chinese citizen and business; and
"(B) use such data to monitor, shape, and rate certain financial, social, religious, or political behaviors.
"(3)
"(A) a United States citizen;
"(B) a lawfully admitted permanent resident of the United States; or
"(C) an entity organized under the laws of—
"(i) the United States; or
"(ii) any jurisdiction within the United States, including a foreign branch of such an entity.
"SEC. 3. STATEMENT OF POLICY.
"It is the policy of the United States—
"(1) to reaffirm the principles and objectives set forth in the United States-Hong Kong Policy Act of 1992 (
"(A) the United States has 'a strong interest in the continued vitality, prosperity, and stability of Hong Kong';
"(B) '[s]upport for democratization is a fundamental principle of United States foreign policy' and therefore 'naturally applies to United States policy toward Hong Kong';
"(C) 'the human rights of the people of Hong Kong are of great importance to the United States and are directly relevant to United States interests in Hong Kong [and] serve as a basis for Hong Kong's continued economic prosperity'; and
"(D) Hong Kong must remain sufficiently autonomous from the People's Republic of China 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';
"(2) to support the high degree of autonomy and fundamental rights and freedoms of the people of Hong Kong, as enumerated by—
"(A) 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 December 19, 1984 (referred to in this Act as the 'Joint Declaration');
"(B) the International Covenant on Civil and Political Rights, done at New York December 19, 1966; and
"(C) the Universal Declaration of Human Rights, done at Paris December 10, 1948;
"(3) to support the democratic aspirations of the people of Hong Kong, including the 'ultimate aim' of the selection of the Chief Executive and all members of the Legislative Council by universal suffrage, as articulated in the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (referred to in this Act as the 'Basic Law');
"(4) to urge the Government of the People's Republic of China to uphold its commitments to Hong Kong, including allowing the people of Hong Kong to govern Hong Kong with a high degree of autonomy and without undue interference, and ensuring that Hong Kong voters freely enjoy the right to elect the Chief Executive and all members of the Hong Kong Legislative Council by universal suffrage;
"(5) to support the establishment of a genuine democratic option to freely and fairly nominate and elect the Chief Executive of Hong Kong, and the establishment by 2020 of open and direct democratic elections for all members of the Hong Kong Legislative Council;
"(6) to support the robust exercise by residents of Hong Kong of the rights to free speech, the press, and other fundamental freedoms, as provided by the Basic Law, the Joint Declaration, and the International Covenant on Civil and Political Rights;
"(7) to support freedom from arbitrary or unlawful arrest, detention, or imprisonment for all Hong Kong residents, as provided by the Basic Law, the Joint Declaration, and the International Covenant on Civil and Political Rights;
"(8) to draw international attention to any violations by the Government of the People's Republic of China of the fundamental rights of the people of Hong Kong, as provided by the International Covenant on Civil and Political Rights, and any encroachment upon the autonomy guaranteed to Hong Kong by the Basic Law and the Joint Declaration;
"(9) to protect United States citizens and long-term permanent residents living in Hong Kong, as well as people visiting and transiting through Hong Kong;
"(10) to maintain the economic and cultural ties that provide significant benefits to both the United States and Hong Kong; and
"(11) to coordinate with allies, including the United Kingdom, Australia, Canada, Japan, and the Republic of Korea, to promote democracy and human rights in Hong Kong.
"SEC. 5. ANNUAL REPORT ON VIOLATIONS OF UNITED STATES EXPORT CONTROL LAWS AND UNITED NATIONS SANCTIONS OCCURRING IN HONG KONG.
"(a)
"(1) an assessment of the nature and extent of violations of United States export control and sanctions laws occurring in Hong Kong;
"(2) to the extent possible, the identification of—
"(A) any items that were reexported from Hong Kong in violation of the laws referred to in paragraph (1);
"(B) the countries and persons to which the items referred to in subparagraph (A) were reexported; and
"(C) how such items were used;
"(3) an assessment of whether sensitive dual-use items subject to the export control laws of the United States are being—
"(A) transshipped through Hong Kong; and
"(B) used to develop—
"(i) the Sharp Eyes, Skynet, Integrated Joint Operations Platform, or other systems of mass surveillance and predictive policing; or
"(ii) the 'social credit system' of the People's Republic of China;
"(4) an assessment of the efforts by the Government of the People's Republic of China to use the status of Hong Kong as a separate customs territory to import items into the People's Republic of China from Hong Kong in violation of the export control laws of the United States, whether as part of the Greater Bay Area plan, through the assignment by Beijing of Hong Kong as a national technology and innovation center, or through other programs that may exploit Hong Kong as a conduit for controlled sensitive technology;
"(5) an assessment of whether the Government of Hong Kong has adequately enforced sanctions imposed by the United Nations;
"(6) a description of the types of goods and services transshipped or reexported through Hong Kong in violation of such sanctions to—
"(A) North Korea or Iran; or
"(B) other countries, regimes, or persons subject to such sanctions for engaging in activities—
"(i) relating to international terrorism, international narcotics trafficking, or the proliferation of weapons of mass destruction; or
"(ii) that otherwise present a threat to the national security, foreign policy, or economy of the United States; and
"(7) an assessment of whether shortcomings in the enforcement of export controls or sanctions by the Government of Hong Kong necessitates the assignment of additional Department of the Treasury, Department of Commerce, or Department of State personnel to the United States Consulate in Hong Kong.
"(b)
"(1) the Committee on Foreign Relations of the Senate;
"(2) the Committee on Banking, Housing, and Urban Affairs of the Senate;
"(3) the Committee on Commerce, Science, and Transportation of the Senate;
"(4) the Committee on Foreign Affairs of the House of Representatives; and
"(5) the Committee on Energy and Commerce of the House of Representatives.
"(c)
"SEC. 6. PROTECTING UNITED STATES CITIZENS AND OTHERS FROM RENDITION TO THE PEOPLE'S REPUBLIC OF CHINA.
"(a)
"(1) to safeguard United States citizens from extradition, rendition, or abduction to the People's Republic of China from Hong Kong for trial, detention, or any other purpose;
"(2) to safeguard United States businesses in Hong Kong from economic coercion and intellectual property theft;
"(3) pursuant to section 103(7) of the United States-Hong Kong Policy Act of 1992 (
"(4) pursuant to section 201(b) of such Act (
"(b)
"(1) contains a strategy for protecting United States citizens and businesses in Hong Kong;
"(2) assesses the potential risks of the legislation to United States citizens residing in, traveling to, or transiting through Hong Kong; and
"(3) determines whether—
"(A) additional resources are needed for American Citizen Services at the United States Consulate in Hong Kong; and
"(B) the Government of Hong Kong is 'legally competent' to administer the United States-Hong Kong Agreement for the Surrender of Fugitive Offenders, done at Hong Kong December 20, 1996, or other relevant law enforcement agreements between the United States and Hong Kong.
"SEC. 7. SANCTIONS RELATING TO UNDERMINING FUNDAMENTAL FREEDOMS AND AUTONOMY IN HONG KONG.
"(a)
"(1)
"(A) the extrajudicial rendition, arbitrary detention, or torture of any person in Hong Kong; or
"(B) other gross violations of internationally recognized human rights in Hong Kong.
"(2)
"(A) the report required under paragraph (1)—
"(i) not later than 180 days after the date of the enactment of this Act [Nov. 27, 2019]; and
"(ii) not less frequently than annually thereafter in conjunction with the publication of the report required under section 301 of the United States-Hong Kong Policy Act of 1992 (
"(B) an update to the report not later than 15 days after any new action is taken under subsection (b) based on the discovery of new information described in paragraph (1).
"(3)
"(A) information provided jointly by the chairperson and ranking member of each of the appropriate congressional committees; and
"(B) information obtained by other countries or reputable nongovernmental organizations that monitor violations of human rights abuses.
"(4)
"(b)
"(c)
"(1)
"(2)
"(A)
"(i) inadmissible to the United States;
"(ii) ineligible to receive a visa or other documentation to enter the United States; and
"(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (
"(B)
"(i)
"(ii)
"(I) take effect immediately; and
"(II) automatically cancel any other valid visa or entry documentation that is in the alien's possession.
"(3)
"(d)
"(e)
"(f)
"(1)
"(2)
"(A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or
"(B) to carry out or assist law enforcement activity in the United States.
"(3)
"(A)
"(B)
"(g)
"(1) information exists that the person did not engage in the activity for which sanctions were imposed;
"(2) the person has been prosecuted appropriately for the activity for which sanctions were imposed;
"(3) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a)(1) in the future; or
"(4) the termination of the sanctions is in the national security interests of the United States.
"(h)
"(i)
"(1)
"(2)
"SEC. 8. SANCTIONS REPORTS.
"(a)
"(1) a list of each foreign person with respect to which the President imposed sanctions during the year preceding the submission of the report;
"(2) a description of the type of sanctions imposed with respect to each such person;
"(3) the number of foreign persons with respect to which the President terminated sanctions under section 7 during that year;
"(4) the dates on which such sanctions were imposed or terminated, as applicable;
"(5) the reasons for imposing or terminating such sanctions; and
"(6) a description of the efforts of the President to encourage the governments of other countries to impose sanctions that are similar to the sanctions authorized under section 7.
"(b)
Executive Documents
Ex. Ord. No. 13936. The President's Executive Order on Hong Kong Normalization
Ex. Ord. No. 13936, July 14, 2020, 85 F.R. 43413, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the United States-Hong Kong Policy Act of 1992 (
I, DONALD J. TRUMP, President of the United States of America, determine, pursuant to section 202 of the United States-Hong Kong Policy Act of 1992 [
China has since followed through on its threat to impose national security legislation on Hong Kong. Under this law, the people of Hong Kong may face life in prison for what China considers to be acts of secession or subversion of state power—which may include acts like last year's widespread anti-government protests. The right to trial by jury may be suspended. Proceedings may be conducted in secret. China has given itself broad power to initiate and control the prosecutions of the people of Hong Kong through the new Office for Safeguarding National Security. At the same time, the law allows foreigners to be expelled if China merely suspects them of violating the law, potentially making it harder for journalists, human rights organizations, and other outside groups to hold the PRC accountable for its treatment of the people of Hong Kong.
I therefore determine that the situation with respect to Hong Kong, including recent actions taken by the PRC to fundamentally undermine Hong Kong's autonomy, constitutes an unusual and extraordinary threat, which has its source in substantial part outside the United States, to the national security, foreign policy, and economy of the United States. I hereby declare a national emergency with respect to that threat.
In light of the foregoing, I hereby determine and order:
(a) section 103 of the Immigration Act of 1990 [
(b) sections 203(c), 212(l), and 221(c) of the Immigration and Nationality Act of 1952, as amended (
(c) the Arms Export Control Act (
(d) section 721(m) of the Defense Production Act of 1950, as amended (
(e) the Export Control Reform Act of 2018 (
(f)
(a) amend any regulations implementing those provisions specified in section 2 of this order, and, consistent with applicable law and executive orders, under IEEPA, which provide different treatment for Hong Kong as compared to China;
(b) amend the regulation at 8 CFR 212.4(i) to eliminate the preference for Hong Kong passport holders as compared to PRC passport holders;
(c) revoke license exceptions for exports to Hong Kong, reexports to Hong Kong, and transfers (in-country) within Hong Kong of items subject to the Export Administration Regulations, 15 CFR Parts 730–774, that provide differential treatment compared to those license exceptions applicable to exports to China, reexports to China, and transfers (in-country) within China;
(d) consistent with section 902(b)(2) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (
(e) give notice of intent to suspend the Agreement Between the Government of the United States of America and the Government of Hong Kong for the Surrender of Fugitive Offenders (TIAS 98–121);
(f) give notice of intent to terminate the Agreement Between the Government of the United States of America and the Government of Hong Kong for the Transfer of Sentenced Persons (TIAS 99–418);
(g) take steps to end the provision of training to members of the Hong Kong Police Force or other Hong Kong security services at the Department of State's International Law Enforcement Academies;
(h) suspend continued cooperation undertaken consistent with the now-expired Protocol Between the U.S. Geological Survey of the Department of the Interior of the United States of America and Institute of Space and Earth Information Science of the Chinese University of Hong Kong Concerning Scientific and Technical Cooperation in Earth Sciences (TIAS 09–1109);
(i) take steps to terminate the Fulbright exchange program with regard to China and Hong Kong with respect to future exchanges for participants traveling both from and to China or Hong Kong;
(j) give notice of intent to terminate the agreement for the reciprocal exemption with respect to taxes on income from the international operation of ships effected by the Exchange of Notes Between the Government of the United States of America and the Government of Hong Kong (TIAS 11892);
(k) reallocate admissions within the refugee ceiling set by the annual Presidential Determination to residents of Hong Kong based on humanitarian concerns, to the extent feasible and consistent with applicable law; and
(l) propose for my consideration any further actions deemed necessary and prudent to end special conditions and preferential treatment for Hong Kong.
(a) Any foreign person determined by the Secretary of State, in consultation with the Secretary of the Treasury, or the Secretary of the Treasury, in consultation with the Secretary of State:
(i) to be or have been involved, directly or indirectly, in the coercing, arresting, detaining, or imprisoning of individuals under the authority of, or to be or have been responsible for or involved in developing, adopting, or implementing, the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Administrative Region;
(ii) to be responsible for or complicit in, or to have engaged in, directly or indirectly, any of the following:
(A) actions or policies that undermine democratic processes or institutions in Hong Kong;
(B) actions or policies that threaten the peace, security, stability, or autonomy of Hong Kong;
(C) censorship or other activities with respect to Hong Kong that prohibit, limit, or penalize the exercise of freedom of expression or assembly by citizens of Hong Kong, or that limit access to free and independent print, online or broadcast media; or
(D) the extrajudicial rendition, arbitrary detention, or torture of any person in Hong Kong or other gross violations of internationally recognized human rights or serious human rights abuse in Hong Kong;
(iii) to be or have been a leader or official of:
(A) an entity, including any government entity, that has engaged in, or whose members have engaged in, any of the activities described in subsections (a)(i), (a)(ii)(A), (a)(ii)(B), or (a)(ii)(C) of this section; or
(B) an entity whose property and interests in property are blocked pursuant to this order.
(iv) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any person whose property and interests in property are blocked pursuant to this section;
(v) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this section; or
(vi) to be a member of the board of directors or a senior executive officer of any person whose property and interests in property are blocked pursuant to this section.
(b) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the date of this order.
(a) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to section 4(a) of this order; and
(b) the receipt of any contribution or provision of funds, goods, or services from any such person.
(b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited.
(a) the term "person" means an individual or entity;
(b) the term "entity" means a government or instrumentality of such government, partnership, association, trust, joint venture, corporation, group, subgroup, or other organization, including an international organization;
(c) the term "United States person" means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States; and
(d) The term "immediate family member" means spouses and children of any age.
(i) the authority granted by law to an executive department or agency; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
Continuations of the national emergency with respect to Hong Kong declared by Ex. Ord. No. 13936 were contained in the following:
Notice of President of the United States, dated July 11, 2023, 88 F.R. 44669.
Notice of President of the United States, dated July 11, 2022, 87 F.R. 42057.
Notice of President of the United States, dated July 7, 2021, 86 F.R. 36479.
§5702. Definitions
For purposes of this chapter—
(1) the term "Hong Kong" means, prior to July 1, 1997, the British Dependent Territory of Hong Kong, and on and after July 1, 1997, the Hong Kong Special Administrative Region of the People's Republic of China;
(2) the term "Joint Declaration" means 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; and
(3) the term "laws of the United States" means provisions of law enacted by the Congress.
(
SUBCHAPTER I—POLICY
§5711. Bilateral ties between United States and Hong Kong
It is the sense of the Congress that the following, which are based in part on the relevant provisions of the Joint Declaration, should be the policy of the United States with respect to its bilateral relationship with Hong Kong:
(1) The United States should play an active role, before, on, and after July 1, 1997, in maintaining Hong Kong's confidence and prosperity, Hong Kong's role as an international financial center, and the mutually beneficial ties between the people of the United States and the people of Hong Kong.
(2) The United States should actively seek to establish and expand direct bilateral ties and agreements with Hong Kong in economic, trade, financial, monetary, aviation, shipping, communications, tourism, cultural, sport, and other appropriate areas.
(3) The United States should seek to maintain, after June 30, 1997, the United States consulate-general in Hong Kong, together with other official and semi-official organizations, such as the United States Information Agency American Library.
(4) The United States should invite Hong Kong to maintain, after June 30, 1997, its official and semi-official missions in the United States, such as the Hong Kong Economic & Trade Office, the Office of the Hong Kong Trade Development Council, and the Hong Kong Tourist Association. The United States should invite Hong Kong to open and maintain other official or semi-official missions to represent Hong Kong in those areas in which Hong Kong is entitled to maintain relations on its own, including economic, trade, financial, monetary, aviation, shipping, communications, tourism, cultural, and sport areas.
(5) The United States should recognize passports and travel documents issued after June 30, 1997, by the Hong Kong Special Administrative Region.
(6) The resumption by the People's Republic of China of the exercise of sovereignty over Hong Kong after June 30, 1997, should not affect treatment of Hong Kong residents who apply for visas to visit or reside permanently in the United States, so long as such treatment is consistent with the Immigration and Nationality Act [
(
Editorial Notes
References in Text
The Immigration and Nationality Act, referred to in par. (6), is act June 27, 1952, ch. 477,
Statutory Notes and Related Subsidiaries
Transfer of Functions
United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see
§5712. Participation in multilateral organizations, rights under international agreements, and trade status
It is the sense of the Congress that the following, which are based in part on the relevant provisions of the Joint Declaration, should be the policy of the United States with respect to Hong Kong after June 30, 1997:
(1) The United States should support Hong Kong's participation in all appropriate multilateral conferences, agreements, and organizations in which Hong Kong is eligible to participate.
(2) The United States should continue to fulfill its obligations to Hong Kong under international agreements, so long as Hong Kong reciprocates, regardless of whether the People's Republic of China is a party to the particular international agreement, unless and until such obligations are modified or terminated in accordance with law.
(3) The United States should respect Hong Kong's status as a separate customs territory, and as a WTO member country (as defined in
(
Editorial Notes
Amendments
1999—Par. (3).
§5713. Commerce between United States and Hong Kong
It is the sense of the Congress that the following, which are based in part on the relevant provisions of the Joint Declaration, are and should continue after June 30, 1997, to be the policy of the United States with respect to commerce between the United States and Hong Kong:
(1) The United States should seek to maintain and expand economic and trade relations with Hong Kong and should continue to treat Hong Kong as a separate territory in economic and trade matters, such as import quotas and certificates of origin.
(2) The United States should continue to negotiate directly with Hong Kong to conclude bilateral economic agreements.
(3) The United States should continue to treat Hong Kong as a territory which is fully autonomous from the United Kingdom and, after June 30, 1997, should treat Hong Kong as a territory which is fully autonomous from the People's Republic of China with respect to economic and trade matters.
(4) The United States should continue to grant the products of Hong Kong nondiscriminatory trade treatment by virtue of Hong Kong's membership in the General Agreement on Tariffs and Trade.
(5) The United States should recognize certificates of origin for manufactured goods issued by the Hong Kong Special Administrative Region.
(6) The United States should continue to allow the United States dollar to be freely exchanged with the Hong Kong dollar.
(7) United States businesses should be encouraged to continue to operate in Hong Kong, in accordance with applicable United States and Hong Kong law.
(8) The United States should continue to support access by Hong Kong to sensitive technologies controlled under the agreement of the Coordinating Committee for Multilateral Export Controls (commonly referred to as "COCOM") for so long as the United States is satisfied that such technologies are protected from improper use or export.
(9) The United States should encourage Hong Kong to continue its efforts to develop a framework which provides adequate protection for intellectual property rights.
(10) The United States should negotiate a bilateral investment treaty directly with Hong Kong, in consultation with the Government of the People's Republic of China.
(11) The change in the exercise of sovereignty over Hong Kong should not affect ownership in any property, tangible or intangible, held in the United States by any Hong Kong person.
(
Editorial Notes
Amendments
1998—Par. (4).
§5714. Transportation
It is the sense of the Congress that the following, which are based in part on the relevant provisions of the Joint Declaration, should be the policy of the United States after June 30, 1997, with respect to transportation from Hong Kong:
(1) Recognizing Hong Kong's position as an international transport center, the United States should continue to recognize ships and airplanes registered in Hong Kong and should negotiate air service agreements directly with Hong Kong.
(2) The United States should continue to recognize ships registered by Hong Kong.
(3) United States commercial ships, in accordance with applicable United States and Hong Kong law, should remain free to port in Hong Kong.
(4) The United States should continue to recognize airplanes registered by Hong Kong in accordance with applicable laws of the People's Republic of China.
(5) The United States should recognize licenses issued by the Hong Kong to Hong Kong airlines.
(6) The United States should recognize certificates issued by the Hong Kong to United States air carriers for air service involving travel to, from, or through Hong Kong which does not involve travel to, from, or through other parts of the People's Republic of China.
(7) The United States should negotiate at the appropriate time directly with the Hong Kong Special Administrative Region, acting under authorization from the Government of the People's Republic of China, to renew or amend all air service agreements existing on June 30, 1997, and to conclude new air service agreements affecting all flights to, from, or through the Hong Kong Special Administrative Region which do not involve travel to, from, or through other parts of the People's Republic of China.
(8) The United States should make every effort to ensure that the negotiations described in paragraph (7) lead to procompetitive air service agreements.
(
§5715. Cultural and educational exchanges
It is the sense of the Congress that the following, which are based in part on the relevant provisions of the Joint Declaration, are and should continue after June 30, 1997, to be the policy of the United States with respect to cultural and educational exchanges with Hong Kong:
(1) The United States should seek to maintain and expand United States-Hong Kong relations and exchanges in culture, education, science, and academic research. The United States should encourage American participation in bilateral exchanges with Hong Kong, both official and unofficial.
(2) The United States should actively seek to further United States-Hong Kong cultural relations and promote bilateral exchanges, including the negotiating and concluding of appropriate agreements in these matters.
(3) Hong Kong should be accorded separate status as a full partner under the Fulbright Academic Exchange Program (apart from the United Kingdom before July 1, 1997, and apart from the People's Republic of China thereafter), with the continuation or establishment of a Fulbright Commission or functionally equivalent mechanism.
(4) The United States should actively encourage Hong Kong residents to visit the United States on nonimmigrant visas for such purposes as business, tourism, education, and scientific and academic research, in accordance with applicable United States and Hong Kong laws.
(5) Upon the request of the Legislative Council of Hong Kong, the Librarian of Congress, acting through the Congressional Research Service, should seek to expand educational and informational ties with the Council.
(
SUBCHAPTER II—STATUS OF HONG KONG IN UNITED STATES LAW
§5721. Continued application of United States law
(a) In general
Notwithstanding any change in the exercise of sovereignty over Hong Kong, the laws of the United States shall continue to apply with respect to Hong Kong, on and after July 1, 1997, in the same manner as the laws of the United States were applied with respect to Hong Kong before such date unless otherwise expressly provided by law or by Executive order under
(b) International agreements
For all purposes, including actions in any court in the United States, the Congress approves the continuation in force on and after July 1, 1997, of all treaties and other international agreements, including multilateral conventions, entered into before November 27, 2019, between the United States and Hong Kong, or entered into before November 27, 2019, between the United States and the United Kingdom and applied to Hong Kong, unless or until terminated in accordance with law. If in carrying out this subchapter, the President determines that Hong Kong is not legally competent to carry out its obligations under any such treaty or other international agreement, or that the continuation of Hong Kong's obligations or rights under any such treaty or other international agreement is not appropriate under the circumstances, such determination shall be reported to the Congress in accordance with
(
Editorial Notes
Amendments
2019—Subsec. (b).
§5722. Presidential order
(a) Presidential determination
On or after July 1, 1997, whenever 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, the President may issue an Executive order suspending the application of
(b) Factor for consideration
In making a determination under subsection (a) with respect to the application of a law of the United States, or any provision thereof, to Hong Kong, the President should consider the terms, obligations, and expectations expressed in the Joint Declaration with respect to Hong Kong.
(c) Publication in Federal Register
Any Executive order issued under subsection (a) shall be published in the Federal Register and shall specify the law or provision of law affected by the order.
(d) Termination of suspension
An Executive order issued under subsection (a) may be terminated by the President with respect to a particular law or provision of law whenever the President determines that Hong Kong has regained sufficient autonomy to justify different treatment under the law or provision of law in question. Notice of any such termination shall be published in the Federal Register.
(
§5723. Rules and regulations
The President is authorized to prescribe such rules and regulations as the President may deem appropriate to carry out this chapter.
(
§5724. Consultation with Congress
In carrying out this subchapter, the President shall consult appropriately with the Congress.
(
§5725. Secretary of State report regarding the autonomy of Hong Kong
(a) Certification
(1) In general
Except as provided in subsection (b), the Secretary of State, on at least an annual basis, and in conjunction with the report required under
(A) indicates whether Hong Kong continues to warrant treatment under United States law in the same manner as United States laws were applied to Hong Kong before July 1, 1997;
(B) addresses—
(i) commercial agreements;
(ii) law enforcement cooperation, including extradition requests;
(iii) sanctions enforcement;
(iv) export controls, and any other agreements and forms of exchange involving dual use, critical, or other sensitive technologies;
(v) any formal treaties or agreements between the United States and Hong Kong;
(vi) other areas of bilateral cooperation that the Secretary determines to be relevant; and
(vii) decision-making within the Government of Hong Kong, including executive, legislative, and judicial structures, including—
(I) freedom of assembly;
(II) freedom of speech;
(III) freedom of expression; and
(IV) freedom of the press, including the Internet and social media;
(viii) universal suffrage, including the ultimate aim of the selection of the Chief Executive and all members of the Legislative Council by universal suffrage;
(ix) judicial independence;
(x) police and security functions;
(xi) education;
(xii) laws or regulations regarding treason, secession, sedition, subversion against the Central People's Government of the People's Republic of China, or theft of state secrets;
(xiii) laws or regulations regarding foreign political organizations or bodies;
(xiv) laws or regulations regarding political organizations; and
(xv) other rights enumerated in the Universal Declaration of Human Rights, done at Paris December 10, 1948, and the International Covenant on Civil and Political Rights, done at New York December 19, 1966; and
(C) includes—
(i) an assessment of the degree of any erosions to Hong Kong's autonomy in each category listed in subparagraph (B) resulting from actions by the Government of the People's Republic of China that are inconsistent with its commitments under the Basic Law or the Joint Declaration;
(ii) an evaluation of the specific impacts to any areas of cooperation between the United States and Hong Kong resulting from erosions of autonomy in Hong Kong or failures of the Government of Hong Kong to fulfill obligations to the United States under international agreements within the categories listed in subparagraph (B); and
(iii) a list of any specific actions taken by the United States Government in response to any erosion of autonomy or failures to fulfill obligations to the United States under international agreements identified in this certification and the report required under
(2) Factor for consideration
In making each certification under paragraph (1), the Secretary of State should consider the terms, obligations, and expectations expressed in the Joint Declaration with respect to Hong Kong.
(3) Additional certifications
The certification under section (1) shall be issued annually, but the Secretary may issue additional certifications at any time if the Secretary determines it is warranted by circumstances in Hong Kong.
(b) Waiver authority
(1) In general
The Secretary of State may waive the application of subsection (a) if—
(A) the Secretary determines that such a waiver is in the national security interests of the United States; and
(B) on or before the date on which the waiver takes effect, the Secretary notifies the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives of the intent to waive such subsection;
(2) Partial waiver
Except for the list of actions described in subsection (a)(1)(C)(iii), the Secretary of State may waive relevant parts of the application of subsection (a) if the President issues an Executive order under
(
§5726. Treatment of Hong Kong applicants for visas to study or work in the United States
(a) Visa eligibility for certain Hong Kong students
Notwithstanding any other provision of law, applications for visas to enter, study, or work in the United States, which are submitted by otherwise qualified applicants who resided in Hong Kong in 2014 and later, may not be denied primarily on the basis of the applicant's subjection to politically-motivated arrest, detention, or other adverse government action.
(b) Implementation
The Secretary of State shall take such steps as may be necessary to ensure that consular officers are aware of the policy described in subsection (a) and receive appropriate training and support to ensure that the policy is carried out so that affected individuals do not face discrimination or unnecessary delay in the processing of their visa applications, including—
(1) providing specialized training for all consular officers posted to the United States Embassy in Beijing or to any United States consulate in the People's Republic of China, the Hong Kong Special Administrative Region, or the Macau Special Administrative Region;
(2) instructing the United States Consulate in Hong Kong to maintain an active list of individuals who are known to have been formally charged, detained, or convicted by the Government of Hong Kong Special Administrative Region or by the Government of the People's Republic of China, or intermediaries of such governments, based on politically-motivated considerations related to their exercise of rights enumerated in the Universal Declaration of Human Rights, done at Paris December 10, 1948, or the International Covenant on Civil and Political Rights, done at New York December 19, 1966, to facilitate the cross-checking of visa applications for Hong Kong residents; and
(3) updating any relevant United States Government websites with information on the policy described in subsection (a).
(c) Cooperation with like-minded countries
The Secretary of State shall contact appropriate representatives of other democratic countries, particularly those who receive a large number of applicants for student and employment visas from Hong Kong—
(1) to inform them of the United States policy regarding arrests for participation in nonviolent protests in Hong Kong; and
(2) to encourage them to take similar steps to ensure the rights of nonviolent protesters are protected from discrimination due to the actions of the Government of Hong Kong and of the Government of the People's Republic of China.
(
SUBCHAPTER III—REPORTING PROVISIONS
§5731. Reporting requirement
(a) In general
Not later than March 31, 2019, and annually thereafter through 2024, the Secretary of State shall submit to the appropriate congressional committees a report on conditions in Hong Kong of interest to the United States. This report shall cover (in the case of the initial report) the period since October 5, 1992, or (in the case of subsequent reports) the period since the most recent report pursuant to this section and shall describe—
(1) significant developments in United States relations with Hong Kong, including a description of agreements that have entered into force between the United States and Hong Kong;
(2) other matters, including developments related to the change in the exercise of sovereignty over Hong Kong, affecting United States interests in Hong Kong or United States relations with Hong Kong;
(3) the nature and extent of United States-Hong Kong cultural, education, scientific, and academic exchanges, both official and unofficial;
(4) the laws of the United States with respect to which the application of
(5) treaties and other international agreements with respect to which the President has made a determination described in the last sentence of
(6) significant problems in cooperation between Hong Kong and the United States in the area of export controls;
(7) the development of democratic institutions in Hong Kong; and
(8) the nature and extent of Hong Kong's participation in multilateral forums.
(b) Form
The report required by subsection (a) shall be submitted in unclassified form and shall be published on a publicly available website of the Department of State.
(c) Appropriate congressional committees
In this section, the term "appropriate congressional committees" means—
(1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.
(
Editorial Notes
Amendments
2018—
2002—
1996—Subsec. (a).
Statutory Notes and Related Subsidiaries
Extension of Reporting Time
Report on Sino-British Joint Declaration on Question of Hong Kong
§5732. Separate part of country reports
Whenever a report is transmitted to the Congress on a country-by-country basis there shall be included in such report, where applicable, a separate subreport on Hong Kong under the heading of the state that exercises sovereignty over Hong Kong. The reports to which this section applies include the reports transmitted under—
(1)
(2)
(3) section 4711 1 of title 15 (relating to economic policy and trade practices).
(