49–010 

Calendar No. 651 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–313 

HONG KONG HUMAN RIGHTS AND 

DEMOCRACY ACT, S. 2922 

DECEMBER 12, 2014.—Ordered to be printed 

Mr. MENENDEZ, from the Committee on Foreign Relations, 

submitted the following 

R E P O R T 

[To accompany S. 2922] 

The Committee on Foreign Relations, having had under consideration the bill S. 2922, to reinstate reporting requirements related 

to United States-Hong Kong relations, reports favorably thereon 

with an amendment and recommends that the bill, as amended, do 

pass. 

CONTENTS 

Page 

I. Purpose ........................................................................................................... 1 

II. Committee Action .......................................................................................... 1 

III. Discussion ....................................................................................................... 2 

IV. Cost Estimate ................................................................................................. 4 

V. Evaluation of Regulatory Impact .................................................................. 4 

VI. Changes in Existing Law .............................................................................. 4 

I. PURPOSE

The purpose of S. 2922 is to reinstate reporting requirements related to United States-Hong Kong Relations. 

II. COMMITTEE ACTION

S. 2922 was introduced by Senators Brown, Cardin, Rubio, 

Wicker, Feinstein, and Merkley on November 13, 2014. On December 11, 2014, the committee considered S. 2922 and ordered it reported, with an amendment, by a voice vote. 

The committee took the following action with regard to amendments: 

A Manager’s Amendment was offered to the introduced bill, to 

clarify the certification requirement in the bill regarding the treatment of Hong Kong under United States law. 


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III. DISCUSSION

S. 2922 demonstrates continued congressional support for autonomy in Hong Kong consistent with 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 (the Joint Declaration) and the Basic 

Law of the Hong Kong Special Administrative Region of the People’s Republic of China (the Basic Law). 

The committee views with grave concern the events leading up 

to the so-called ‘‘Umbrella Revolution’’ in Hong Kong this summer, 

and the subsequent efforts by Hong Kong and Beijing authorities 

to stifle legitimate free expression. In the committee’s view, these 

actions and the underlying events are inconsistent with Hong 

Kong’s autonomous status within the People’s Republic of China. 

The committee fully supports the right of the citizens of Hong 

Kong to be able to freely choose their own representatives, and to 

peaceful assembly and freedom of expression, all of which are enshrined in the Hong Kong Bill of Rights. 

The committee believes that the roots of the protests in Hong 

Kong lie in the decision of the National People’s Congress Standing 

Committee (NPCSC) in July, 2014, to prohibit the voters of Hong 

Kong from exercising their right to freely select nominees for the 

position of Chief Executive of Hong Kong. It is difficult to reconcile 

notions of universal suffrage with the system endorsed by the 

NPCSC, which will only allow for candidates vetted and approved 

by Beijing. It is likewise difficult to reconcile this system with the 

aspirations of the people of Hong Kong for autonomous self-government, democratic governance, and genuine ‘‘universal suffrage.’’ 

Hong Kong’s Basic Law promises the people of Hong Kong that 

they will be able to elect their Chief Executive through ‘‘universal 

suffrage upon nomination by a broadly representative nominating 

committee in accordance with democratic procedures.’’ Yet the 

NPCSC decision, which will allow the Election Committee of the 

Chief Executive to decide who can be placed on the ballot for election—including using criteria such as ‘‘love [for] the country and 

love [for] Hong Kong,’’ which do not appear in the Basic Law—effectively undermines the spirit of the Basic Law and the commitments that China made when Hong Kong returned to its control. 

These developments raise deep concerns in the committee about 

Beijing’s respect for basic political and economic rights and the rule 

of law in Hong Kong, including restricting the right to peaceful assembly which is enshrined in the Hong Kong Bill of Rights, the 

Basic Law, and the International Covenant on Civil and Political 

Rights (ICCPR). Under Hong Kong’s own laws, no restrictions may 

be placed on the exercise of this right other than those imposed in 

conformity with the law and that are necessary in the interests of 

national security or public safety and public order. The suppression 

of the right to peaceful assembly and the right to free expression— 

rights that are afforded the people of Hong Kong under the Basic 

Law, and which are fully consistent with the notion of ‘‘one country, two systems’’—is deeply troubling. 

Beijing has made numerous statements over the years about its 

commitment to the Basic Law and its intention to respect the 

promise of the Basic Law to provide the people of Hong Kong with 


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a genuine say in their governance and future. Yet the recent decision of the NPCSC and the suppression and intimidation of peaceful protestors and opposition media—decisions that have now led to 

the protests in the streets of Hong Kong—indicate that Beijing has 

reneged on the promises it made to the people of Hong Kong. 

Moreover, the committee is concerned that Beijing’s undermining 

of the rule of law could potentially expand further and undercut 

the very principles that have underpinned Hong Kong’s economic 

vibrancy, attractiveness for foreign investment, and financial independence. 

It is in that spirit that the committee believes it is critical that 

the United States reinstate the reporting requirements related to 

United States-Hong Kong relations, and to require ongoing certification by the Secretary of State on whether Hong Kong is sufficiently autonomous to justify separate treatment different from the 

People’s Republic of China in any new laws, agreements, treaties, 

or arrangements entered into between the United States and Hong 

Kong after the date of the enactment of this Act. 

Section 1 

Section 1 of S. 2922 provides the short title of the bill: the Hong 

Kong Human Rights and Democracy Act. 

Section 2 

Section 2 makes findings related to the Joint Declaration, the 

Basic Law, the NPCSC’s 2007 determination that Hong Kong could 

elect the Chief Executive by universal suffrage in 2017 and the 

Legislative Council by universal suffrage beginning in 2020. In addition, Section 2 makes findings regarding concerns, reported by 

numerous governmental and non-governmental organizations and 

raised as part of the ongoing protests by the people of Hong Kong 

that the People’s Republic of China is not acting consistently with 

its commitments to guarantee the autonomy of Hong Kong. The 

findings also note that the United States enjoys close economic, social, and cultural ties with Hong Kong and that Hong Kong enjoys 

a unique status as an international financial center where the rule 

of law and the rights and freedoms of its citizens are protected. 

Section 3 

Section 3 reaffirms the principles of the United States-Hong 

Kong Policy Act of 1992, urges the Government of the People’s Republic of China to uphold its commitments to Hong Kong, and supports the establishment, by 2017, of a genuine democratic option 

for freely and fairly nominating and electing the Chief Executive. 

Section 3 also supports the establishment, by 2020, of open and direct democratic elections for all members of the Hong Kong Legislative Council, and supports press freedom and journalistic independence in Hong Kong. 

Section 4 

Section 4 reinstates the reporting requirements of the United 

States-Hong Kong Policy Act of 1992 for ten years and ensures that 

the appropriate committees in the House and Senate receive the report. 


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Section 5 

Section 5, as amended in committee, requires the Secretary of 

State to annually certify to Congress that Hong Kong is sufficiently 

autonomous to justify separate treatment different than China 

under new U.S. laws, agreements, treaties, or arrangements. Section 5 also provides waiver authority and a carve-out for programs 

that support democracy, human rights, or the rule of law. 

IV. COST ESTIMATE

In accordance with Rule XXVI, paragraph 11(a) of the Standing 

Rules of the Senate, the committee notes that the cost estimate 

provided by the Congressional Budget Office was not available for 

inclusion in this report. The estimate will be printed in either a 

supplemental report or the Congressional Record when it is available. 

V. EVALUATION OF REGULATORY IMPACT

Pursuant to Rule XXVI, paragraph 11(b) of the Standing Rules 

of the Senate, the committee has determined that there is no regulatory impact as a result of this legislation. 

VI. CHANGES IN EXISTING LAW

In compliance with Rule XXVI, paragraph 12 of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman). 

United States-Hong Kong Policy Act of 1992 

* * * * * * * 

TITLE II—THE STATUS OF HONG KONG 

IN UNITED STATES LAW 

* * * * * * * 

SEC. 202. 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 section 201(a) to 

such law or provision of law. 

(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. 


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(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. 

SEC. 202a. TREATMENT OF HONG KONG UNDER UNITED STATES LAW. 

(a) SECRETARY OF STATE CERTIFICATION REQUIREMENT.— 

(1) IN GENERAL.—Not later than 90 days after the date of the 

enactment of the Hong Kong Human Rights and Democracy 

Act, and annually thereafter, the Secretary of State shall certify 

to Congress whether Hong Kong is sufficiently autonomous to 

justify separate treatment different from that accorded the People’s Republic of China in any new laws, agreements, treaties, 

or arrangements entered into between the United States and 

Hong Kong after the date of the enactment of such Act. 

(2) FACTOR FOR CONSIDERATION.—In making a 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) EXCEPTION.—The certification under this subsection shall 

not be required with respect to any new laws, agreements, treaties, or arrangements that support human rights, rule of law, 

or democracy in Hong Kong. 

(b) WAIVER AUTHORITY.—The Secretary of State may waive the 

application of subsection (a) if the Secretary— 

(1) determines that such a waiver is in the national interests of the United States; and 

(2) on or before the date on which the waiver takes effect, 

submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of 

Representatives a notice of and justification for the waiver. 

* * * * * * * 

TITLE III—REPORTING PROVISIONS 

SEC. 301. REPORTING REQUIREMENT. 

øNot later than March 31, 1993, March 31, 1995, March 31, 

1996, March 31, 1997, March 31, 1998, March 31, 1999, March 31, 

2000, March 31, 2001, March 31, 2002, March 31, 2003, March 31, 

2004, March 31, 2005, and March 31, 2006 the Secretary of State¿ 

Not later than March 31, 2015, and annually thereafter for 10 years 

or until such earlier date that the Secretary of State certifies that 

Hong Kong has held free and fair elections for two consecutive Chief 

Executive and two consecutive Legislative Council periods, the Secretary of State shall transmit to the øSpeaker of the House of Representatives¿ chairman of the Committee on Foreign Affairs of the 

House of Representatives and the chairman of the Committee on 

Foreign Relations of the Senate 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 the date of enactment 

of this Act or (in the case of subsequent reports) the period since 

the most recent report pursuant to this section and shall describe— 


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(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 section 201(a) has been suspended pursuant to 

section 202(a) or with respect to which such a suspension has 

been terminated pursuant to section 202(d), and the reasons 

for the suspension or termination, as the case may be; 

(5) treaties and other international agreements with respect 

to which the President has made a determination described in 

the last sentence of section 201(b), and the reasons for each 

such determination; 

(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; 

øand¿ 

(8) the nature and extent of Hong Kong’s participation in 

multilateral forumsø.¿ ; and 

(9) matters in which Hong Kong is given separate treatment 

under the laws of the United States from that accorded to the 

People’s Republic of China and in accordance with this Act. 

Æ 


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