Page 1207 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5721

(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.

(Pub. L. 102–383, title I, §103, Oct. 5, 1992, 106

Stat. 1450.)

§ 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.

(Pub. L. 102–383, title I, §104, Oct. 5, 1992, 106

Stat. 1451.)

§ 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.

(Pub. L. 102–383, title I, §105, Oct. 5, 1992, 106

Stat. 1452.)

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 section

5722 of this title.

(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 such date between the United States and Hong Kong, or entered into before such date 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 section 5731 of

this title.

(Pub. L. 102–383, title II, §201, Oct. 5, 1992, 106

Stat. 1452.)