II

105TH CONGRESS

1ST SESSION S. 1086

To support the autonomous governance of Hong Kong after its reversion

to the People’s Republic of China.

IN THE SENATE OF THE UNITED STATES

JULY 29, 1997

Mr. HELMS introduced the following bill; which was read twice and referred

to the Committee on Foreign Relations

A BILL

To support the autonomous governance of Hong Kong after

its reversion to the People’s Republic of China.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Hong Kong Reversion

5 Act’’.

6 SEC. 2. PURPOSES.

7 The purposes of this Act are—

8 (1) to support the autonomous governance of

9 Hong Kong and the future well-being of the Hong

10 Kong people by ensuring the continuity of United
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1 States laws with respect to Hong Kong after its re2 version to the People’s Republic of China on July 1,

3 1997; and

4 (2) to outline circumstances under which the

5 President of the United States could modify the ap6 plication of United States laws with respect to Hong

7 Kong if the People’s Republic of China fails to honor

8 its commitment to give the Special Administrative

9 Region of Hong Kong a high degree of autonomy.

10 SEC. 3. FINDINGS.

11 Congress makes the following findings:

12 (1) The Joint Declaration of the Government of

13 the United Kingdom of Great Britain and Northern

14 Ireland and the Government of the People’s Repub15 lic of China on the Question of Hong Kong, done at

16 Beijing on December 19, 1984, is a binding inter17 national agreement that sets forth the commitments

18 made by both governments on the reversion of Hong

19 Kong to the People’s Republic of China on July 1,

20 1997.

21 (2) The People’s Republic of China in the Joint

22 Declaration pledges, among other things, that ‘‘the

23 Hong Kong Special Administrative Region will enjoy

24 a high degree of autonomy, except in foreign and

25 defence affairs . . .,’’ that basic human rights and
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1 freedoms ‘‘will be ensured by law . . .,’’ and that

2 ‘‘[t]he legislature of the Hong Kong Special Admin3 istrative Region shall be constituted by elections.’’.

4 (3) Senior government officials of the People’s

5 Republic of China have repeatedly assured a smooth

6 transfer of Hong Kong to Chinese sovereignty, a

7 successful implementation of the ‘‘one country, two

8 systems’’ policy, long-term prosperity for Hong

9 Kong, and continued respect for the basic rights of

10 the Hong Kong people.

11 (4) Despite guaranteeing the autonomous gov12 ernance of Hong Kong, several official acts and

13 statements by senior officials of the Government of

14 the People’s Republic of China reflect an attempt to

15 infringe upon the current and future levels of auton16 omy in Hong Kong. These acts or statements in17 clude—

18 (A) initial proposals, which were later

19 withdrawn, by officials of the Government of

20 the People’s Republic of China to obtain con21 fidential files on civil servants of the Hong

22 Kong Government or require such civil servants

23 to take ‘‘loyalty oaths’’;

24 (B) the decision of the Government of the

25 People’s Republic of China to dissolve the
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1 democratically elected Legislative Council on

2 July 1, 1997, and the appointment of a provi3 sional legislature in December of 1996;

4 (C) the delineation by officials concerning

5 the types of speech and association that will be

6 permitted by the Government of the People’s

7 Republic of China after the reversion;

8 (D) initial warnings, which were later with9 drawn, to religious institutions not to hold cer10 tain gatherings after the reversion; and

11 (E) the decision on February 23, 1997, of

12 the Standing Committee of the National Peo13 ple’s Congress of the People’s Republic of

14 China to repeal or amend certain Hong Kong

15 ordinances, including the Bill of Rights Ordi16 nance, the Societies Ordinance of 1992 (relat17 ing to freedom of association), and the Public

18 Order Ordinance of 1995 (relating to freedom

19 of assembly).

20 (5) Despite commitments in the Joint Declara21 tion guaranteeing the autonomous governance of

22 Hong Kong, several official acts of the Government

23 of the United Kingdom have damaged prospects for

24 the future autonomy of Hong Kong. These acts in25 clude—
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1 (A) the conclusion of an agreement on the

2 Court of Final Appeal, which violates the Joint

3 Declaration; and

4 (B) a 1990 agreement with the People’s

5 Republic of China to limit the number of demo6 cratically-elected seats in the Legislative Coun7 cil to one-third the number of seats in the

8 Council, which violates the Joint Declaration.

9 (6) The reversion of Hong Kong to the People’s

10 Republic of China has important implications for

11 both United States national interests and the inter12 ests of the Hong Kong people. The United States

13 Government has a responsibility to ensure that Unit14 ed States interests are protected during and after

15 this transition, and it has a profound interest in en16 suring that basic and fundamental human rights of

17 the Hong Kong people are also protected.

18 (7) The United States-Hong Kong Policy Act of

19 1992 (Public Law 102–383; 22 U.S.C. 5701 et seq.)

20 sets forth United States policy concerning Hong

21 Kong’s reversion to the People’s Republic of China

22 on July 1, 1997, and Hong Kong’s special status as

23 a Special Administrative Region of that country.

24 The Act ensures the continuity of United States

25 laws regarding Hong Kong while establishing a
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1 mechanism in section 202 of that Act (22 U.S.C.

2 5722) whereby the President can modify the applica3 tion of United States laws with respect to Hong

4 Kong if the President ‘‘determines that Hong Kong

5 is not sufficiently autonomous to justify treatment

6 under a particular law of the United States, or any

7 provision thereof, different from that accorded the

8 People’s Republic of China’’. In making this deter9 mination, the President shall consider ‘‘the terms,

10 obligations, and expectations expressed in the Joint

11 Declaration’’.

12 (8) One of the principal purposes of Congress

13 in enacting the United States-Hong Kong Policy Act

14 of 1992 was to maintain Hong Kong’s autonomy by

15 ensuring that the United States will continue to

16 treat Hong Kong as a distinct legal entity, separate

17 and apart from the People’s Republic of China, for

18 all purposes, in those areas in which the People’s

19 Republic of China has agreed that Hong Kong will

20 continue to enjoy a high degree of autonomy, unless

21 the President makes a determination under section

22 202 of that Act.

23 (9) The United States-Hong Kong Policy Act of

24 1992 requires the Secretary of State to evaluate the

25 implementation of the Joint Declaration.
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1 (10) Ultimately, the future of Hong Kong will

2 be determined by the willingness of the Government

3 of the People’s Republic of China to respect its com4 mitments in the Joint Declaration to maintain the

5 freedoms now enjoyed by the people of Hong Kong

6 and to rely on the people of Hong Kong to govern

7 themselves.

8 SEC. 4. CONGRESSIONAL DECLARATIONS.

9 Congress makes the following declarations:

10 (1) Recognizing that the United States Govern11 ment and the Hong Kong Government have long en12 joyed a close and beneficial working relationship, for

13 example, between the United States Customs Serv14 ice, the Federal Bureau of Investigation, the Drug

15 Enforcement Administration, the Immigration and

16 Naturalization Service, the Secret Service, and their

17 corresponding agencies of the Hong Kong Govern18 ment, the United States urges the two governments

19 to continue their effective cooperation.

20 (2) Recognizing that the preservation of Hong

21 Kong’s autonomous customs territory has important

22 security and commercial implications for the United

23 States and the people of Hong Kong, the United

24 States calls upon the People’s Republic of China to
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1 fully respect the autonomy of the Hong Kong cus2 toms territory.

3 (3) Recognizing that Hong Kong has histori4 cally been an important port of call for United

5 States naval vessels, the United States urges the

6 Government of the People’s Republic of China to

7 consider in a timely and routine manner United

8 States requests for port calls at Hong Kong.

9 (4) Recognizing that Hong Kong enjoys a ro10 bust and professional free press with important

11 guarantees on the freedom of information, the Unit12 ed States declares that a free press and access to in13 formation are fundamentally important to the eco14 nomic and commercial success of Hong Kong and

15 calls upon the Government of the People’s Republic

16 of China to fully respect these essential rights of the

17 Hong Kong people.

18 (5) Recognizing that the provisional legislature

19 is not a representative body and that its proposed

20 election law is designed to disadvantage the most

21 popular political party and political figures in Hong

22 Kong, Congress declares that elections for the Spe23 cial Administrative Region legislature should be con24 ducted in accordance with laws drafted and ap-
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1 proved by the Hong Kong people or their democrat2 ically-elected representatives.

3 (6) Recognizing that the Joint Declaration re4 quires that the Special Administrative Region legis5 lature ‘‘shall be constituted by elections’’, the United

6 States declares that the failure to have an elected

7 legislature would be a violation of the Joint Declara8 tion and calls upon the Government of the People’s

9 Republic of China to honor its treaty obligations.

10 (7) Recognizing that the Hong Kong people

11 have long enjoyed essential rights and freedoms as

12 enumerated in the Universal Declaration of Human

13 Rights, the United States—

14 (A) declares that the Bill of Rights Ordi15 nance is consistent with the Joint Declaration

16 and that strengthening controls on the freedom

17 to associate or assemble is a serious threat to

18 the basic freedoms of the Hong Kong people;

19 and

20 (B) calls upon the People’s Republic of

21 China, the National People’s Congress, and any

22 groups appointed by the Government of the

23 People’s Republic of China to leave all revisions

24 of Hong Kong law to a democratically-elected

25 legislature.
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1 (8) Recognizing that under the terms of the

2 Joint Declaration the provisions of the International

3 Covenant on Civil and Political Rights will continue

4 to apply in Hong Kong, the United States—

5 (A) welcomes the public statement by the

6 Chief Executive-designate of Hong Kong that

7 the legislation that will replace repealed or

8 amended sections of the Societies Ordinance

9 and Public Order Ordinance will be the subject

10 of public consultation; and

11 (B) urges that the new legislation should

12 reflect both the wishes of the people of Hong

13 Kong, as clearly expressed through their demo14 cratically-elected representatives, and the provi15 sions of the International Covenant on Civil and

16 Political Rights.

17 (9) Recognizing that Hong Kong currently

18 maintains an efficient capitalist economy and trade

19 system by strictly adhering to the rule of law, by

20 honoring the sanctity of contract, and by operating

21 without corruption and with minimum and trans22 parent regulation, the United States calls upon the

23 Government of the People’s Republic of China to

24 fully respect the autonomy and independence of the

25 chief executive, the civil service, the judiciary, the
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1 police of Hong Kong, and the Independent Commis2 sion Against Corruption.

3 SEC. 5. PRESIDENTIAL DETERMINATION UNDER SECTION

4 202 OF THE UNITED STATES-HONG KONG POL5 ICY ACT OF 1992 AND ADDITIONAL REPORT6 ING REQUIREMENTS.

7 (a) IN GENERAL.—In determining whether Hong

8 Kong is not sufficiently autonomous to justify treatment

9 under a particular law of the United States, or any provi10 sion thereof, different from that accorded the People’s Re11 public of China, as required by section 202(a) of the Unit12 ed States-Hong Kong Policy Act of 1992 (Public Law

13 102–383; 22 U.S.C. 5722(a)), the President, based upon

14 the assessments made pursuant to subsection (b) of this

15 section, as well as other information included in the re16 ports submitted under section 301 of the United States17 Hong Kong Policy Act of 1992 (22 U.S.C. 5731), shall

18 consider the performance of the Hong Kong Government

19 and the actions of the Government of the People’s Repub20 lic of China.

21 (b) REQUIREMENTS FOR REPORTS TO CONGRESS.—

22 The Secretary of State shall include, in each report re23 quired by section 301 of the United States-Hong Kong

24 Policy Act of 1992, the following:
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1 (1) EXISTENCE OF FREELY ELECTED LEGISLA2 TURE.—An assessment by the Secretary whether the

3 Hong Kong people have a legislature that is fairly

4 and freely elected, which the Secretary shall deter5 mine by taking into account the following:

6 (A) Whether the Hong Kong people are

7 able to participate fully in elections as can8 didates and voters without any political restric9 tions or infringements on their basic rights of

10 speech, assembly, and association.

11 (B) Whether the Hong Kong electoral sys12 tem is designed to disadvantage any party or

13 individuals.

14 (2) SUCCESSFUL AND TIMELY CONCLUSION OF

15 AGREEMENTS AND TREATIES.—An assessment by

16 the Secretary whether the Hong Kong Government

17 or the People’s Republic of China, or both, as the

18 case may be, have cooperated with the United States

19 Government in securing the following agreements or

20 treaties:

21 (A) A bilateral investment treaty.

22 (B) An extradition treaty.

23 (C) An agreement on consular access in

24 Hong Kong for United States citizens com25 parable to that provided for in the consular con-
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1 vention between the United States and the Peo2 ple’s Republic of China.

3 (D) An agreement to preserve the United

4 States consulate, with privileges and immunities

5 for United States personnel.

6 (E) A mutual legal assistance agreement.

7 (F) A prison transfer agreement.

8 (G) A civil aviation agreement.

9 (3) CONTINUED COOPERATION FROM THE

10 AGENCIES OF THE HONG KONG GOVERNMENT.—An

11 assessment by the Secretary whether agencies of the

12 Hong Kong Government continue to cooperate with

13 United States Government agencies. The Secretary

14 shall cite in the report any evidence of diminished

15 cooperation in the areas of customs enforcement,

16 drug interdiction, and prosecution and prevention of

17 money laundering, counterfeiting, credit card fraud,

18 and organized crime.

19 (4) PRESERVATION OF GOOD GOVERNANCE AND

20 RULE OF LAW IN HONG KONG.—An assessment by

21 the Secretary whether the Hong Kong Government

22 remains autonomous and relatively free of corruption

23 and whether the rule of law is respected in Hong

24 Kong. The Secretary shall cite in the report any—
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1 (A) efforts to annul or curtail the applica2 tion of the Bill of Rights of Hong Kong;

3 (B) efforts to prosecute for violations of, or

4 broaden the application of, laws against trea5 son, secession, sedition, and subversion;

6 (C) acts or threats against nonviolent civil

7 disobedience;

8 (D) interference in the autonomy of the

9 chief executive, the civil service, the judiciary,

10 or the police;

11 (E) increased corruption in the Hong Kong

12 Government; and

13 (F) efforts to suppress freedom of the

14 press or restrict the free flow of information.

15 (5) PRESERVATION OF THE AUTONOMY OF THE

16 CUSTOMS TERRITORY OF HONG KONG.—An assess17 ment by the Secretary whether the customs territory

18 of Hong Kong is administered in an autonomous

19 manner. The Secretary shall cite in the report any—

20 (A) failure to respect United States textile

21 laws and quotas;

22 (B) failure to enforce United States export

23 control laws or export license requirements;
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1 (C) unauthorized diversions from Hong

2 Kong of high technology exports from the Unit3 ed States to Hong Kong;

4 (D) unprecedented diversion of Chinese ex5 ports through Hong Kong in order to attain

6 preferential treatment in United States mar7 kets; and

8 (E) misuse of the customs territory of

9 Hong Kong to implement the foreign policy or

10 trade goals of the Government of the People’s

11 Republic of China.

12 SEC. 6. PROHIBITION ON USE OF FUNDS FOR PARTICIPA13 TION OF HONG KONG PROVISIONAL LEGISLA14 TURE IN CERTAIN UNITED STATES INFORMA15 TION AGENCY PROGRAMS.

16 (a) PROHIBITION.—Notwithstanding any other provi17 sion of law, no funds appropriated or otherwise made

18 available for the United States Information Agency may

19 be used for purposes of the participation of any member

20 of the Hong Kong provisional legislature in any academic,

21 professional, or cultural program of the United States In22 formation Agency, including any international visitors pro23 gram, any citizens exchange program, and any scholarship

24 or fellowship associated with any such program.
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1 (b) HONG KONG PROVISIONAL LEGISLATURE DE2 FINED.—In subsection (a), the term ‘‘Hong Kong provi3 sional legislature’’ means the body appointed on December

4 21, 1996, in Shenzen, China, to replace the Hong Kong

5 Legislative Council that was elected in 1995.

6 SEC. 7. DEFINITION.

7 In this Act, the term ‘‘Joint Declaration’’ means

8 Joint Declaration of the Government of the United King9 dom of Great Britain and Northern Ireland and the Gov10 ernment of the People’s Republic of China on the Question

11 of Hong Kong, done at Beijing on December 19, 1984.

Æ