II 

Calendar No. 651 

113TH CONGRESS 

2D SESSION S. 2922 

To reinstate reporting requirements related to United States-Hong Kong 

relations. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 13, 2014 

Mr. BROWN (for himself, Mr. CARDIN, Mr. RUBIO, Mr. WICKER, Mrs. FEINSTEIN, and Mr. MERKLEY) introduced the following bill; which was read 

twice and referred to the Committee on Foreign Relations 

DECEMBER 11, 2014 

Reported by Mr. MENENDEZ, with an amendment 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To reinstate reporting requirements related to United StatesHong Kong relations. 

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 Human 

5 Rights and Democracy Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) The Joint Declaration of the Government of 

4 the United Kingdom of Great Britain and Northern 

5 Ireland and the Government of the People’s Repub6 lic of China on the Question of Hong Kong, done at 

7 Beijing December 19, 1984 (in this Act referred to 

8 as the ‘‘Joint Declaration’’)— 

9 (A) provided that the People’s Republic of 

10 China resumed sovereignty over Hong Kong on 

11 July 1, 1997; and 

12 (B) established a ‘‘high degree of auton13 omy’’ for Hong Kong except in matters of for14 eign affairs and defense. 

15 (2) The Basic Law of the Hong Kong Special 

16 Administrative Region of the People’s Republic of 

17 China (in this Act referred to as ‘‘Basic Law’’)— 

18 (A) guarantees Hong Kong a ‘‘high degree 

19 of autonomy’’ and separate executive, legisla20 tive, and independent judicial powers; 

21 (B) generally prohibits the central Govern22 ment of the People’s Republic of China from 

23 interfering in the affairs that Hong Kong ad24 ministers on its own according to the Basic 

25 Law; 


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1 (C) protects the rights to free speech, 

2 press, assembly, and religion; 

3 (D) provides that the socialist system and 

4 policies shall not be practiced in Hong Kong 

5 and that Hong Kong’s capitalist system and 

6 way of life shall remain unchanged for 50 years 

7 (the principle of ‘‘one country, two systems’’); 

8 (E) affirms the continuing applicability of 

9 the International Covenant on Civil and Polit10 ical Rights to Hong Kong; 

11 (F) provides that the head of the Hong 

12 Kong Special Administrative Region shall be 

13 the Chief Executive; 

14 (G) provides that ‘‘the ultimate aim is the 

15 selection of the Chief Executive by universal 

16 suffrage upon nomination by a broadly rep17 resentative nominating committee in accordance 

18 with democratic procedures’’; 

19 (H) provides that the legislature of the 

20 Hong Kong Special Administrative Region shall 

21 be the Legislative Council; and 

22 (I) provides that ‘‘the ultimate aim is the 

23 election of all the members of the Legislative 

24 Council by universal suffrage’’. 


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1 (3) The National People’s Congress Standing 

2 Committee (NPCSC) determined on December 29, 

3 2007, that Hong Kong could elect the Chief Execu4 tive by universal suffrage beginning in 2017, and 

5 that Hong Kong could thereafter elect the Legisla6 tive Council by universal suffrage beginning in 2020. 

7 (4) The Chief Executive is currently selected by 

8 an Election Committee consisting of 1,200 members. 

9 In order to run, candidates for Chief Executive must 

10 currently receive the support of one-eighth of the 

11 members of the Election Committee, the majority of 

12 whom reportedly support or have ties to the Chinese 

13 Communist Party. 

14 (5) On August 31, 2014, the NPCSC deter15 mined that the 2017 election for the Chief Executive 

16 could be held by universal suffrage but that Hong 

17 Kong voters could only choose from two to three 

18 candidates, each of whom is to be chosen by a ma19 jority of a nominating committee similar to the cur20 rent Election Committee that is heavily controlled by 

21 pro-Beijing members. 

22 (6) International standards for elections, in23 cluding Article 21 of the Universal Declaration of 

24 Human Rights and Article 25 of the International 

25 Covenant on Civil and Political Rights, guarantee 


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1 citizens the right to vote and to be elected in gen2 uine periodic elections by universal and equal suf3 frage without unreasonable restrictions. 

4 (7) Hundreds of thousands of Hong Kong resi5 dents have consistently and peacefully expressed 

6 their dissatisfaction with the electoral reform plans 

7 of the Hong Kong government and the Government 

8 of the People’s Republic of China, including the Au9 gust 2014 NPCSC decision, and have called for a 

10 genuine choice in elections that meet international 

11 standards. Their peaceful and orderly protests have 

12 set an example for other democratic movements 

13 around the world, including those in mainland China 

14 who continue to fight for their fundamental free15 doms. 

16 (8) Media reports indicate that Hong Kong po17 lice used tear gas and pepper spray against dem18 onstrators on September 28, 2014, and that police 

19 allegedly failed to adequately protect demonstrators 

20 from mobs of counter-protestors, some of whom had 

21 affiliations with gangs known as ‘‘triads’’, who beat 

22 students and forcibly tried to remove them from 

23 their places of protest. There have also been several 

24 accusations of excessive use of force by the Hong 

25 Kong Police which are under investigation. 


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1 (9) The United States enjoys close economic, 

2 social, and cultural ties with Hong Kong. According 

3 to the Department of State, 60,000 United States 

4 citizens live in Hong Kong, and 1,400 United States 

5 businesses have offices there. According to the Office 

6 of the United States Trade Representative, Hong 

7 Kong is the United States 18th largest trade part8 ner and 9th largest goods export market. 

9 (10) Hong Kong’s unique status as an inter10 national finance center where the rule of law and the 

11 rights and freedoms of its citizens are protected has 

12 served as the foundation for Hong Kong’s stability 

13 and prosperity. 

14 (11) Section 301 of the Hong Kong Policy Act 

15 of 1992 (22 U.S.C. 5731) required the Secretary of 

16 State to issue reports on conditions in Hong Kong 

17 of interest to the United States, including the devel18 opment of democratic institutions in Hong Kong, 

19 and the last report under section 301 was issued on 

20 June 30, 2007. 

21 (12) Failure to establish a genuine democratic 

22 option to nominate and elect the Chief Executive of 

23 Hong Kong by 2017 and to establish open and di24 rect democratic elections for all members of the 

25 Hong Kong Legislative Council by 2020 would reVerDate Sep 11 2014 19:44 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2922.RS S2922

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1 duce confidence in the commitment of the Govern2 ment of the People’s Republic of China to uphold its 

3 obligations under international law, and would erode 

4 the ability of Hong Kong to retain a high degree of 

5 autonomy. 

6 (13) During an October 2014 session, the 

7 United Nations Human Rights Committee, con8 sisting of 18 independent experts, reviewed China’s 

9 compliance with the International Covenant on Civil 

10 and Political Rights with respect to Hong Kong. Ac11 cording to the session’s chair, the Committee agreed 

12 on ‘‘the need to ensure universal suffrage, which 

13 means both the right to be elected as well as the 

14 right to vote. The main concerns of Committee 

15 members were focused on the right to stand for elec16 tions without unreasonable restrictions.’’. Another 

17 Committee member said that the ‘‘committee doesn’t 

18 want candidates filtered. The problem is that Beijing 

19 wants to vet candidates.’’. 

20 (14) The Congressional-Executive Commission 

21 on China’s 2014 Annual Report found that press 

22 freedom in Hong Kong is under threat, including re23 ports of ‘‘violent attacks on individuals associated 

24 with the press, self-censorship among journalists, 


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1 and pressure from the Hong Kong and central gov2 ernments and mainland Chinese businesses.’’. 

3 (15) The Hong Kong Journalists Association’s 

4 2014 Annual Report noted that Hong Kong journal5 ists rated self-censorship at 6.9 on a 10-point scale, 

6 which the Association considered a ‘‘low level’’ of 

7 press freedom. 

8 (16) Hong Kong ranked 61st among 180 coun9 tries in Reporters Without Borders’ 2014 World 

10 Press Freedom Index, down three places from the 

11 previous year and a significant decline from 2002 

12 when Hong Kong ranked 18th. 

13 (17) By providing timely, uncensored, accurate 

14 information in their native language, United States 

15 international broadcast services, through the Broad16 casting Board of Governors, help those living in 

17 countries with poor human rights records, such as 

18 China, to better defend their human rights and hold 

19 their government accountable. 

20 SEC. 3. STATEMENT OF POLICY. 

21 It is the policy of the United States— 

22 (1) to reaffirm the principles and objectives set 

23 forth in the United States-Hong Kong Policy Act of 

24 1992, namely that— 


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1 (A) the United States has ‘‘a strong inter2 est in the continued vitality, prosperity, and 

3 stability of Hong Kong’’; 

4 (B) ‘‘support for democratization is a fun5 damental principle of United States foreign pol6 icy’’; 

7 (C) ‘‘the human rights of the people of 

8 Hong Kong are of great importance to the 

9 United States and are directly relevant to 

10 United States interests in Hong Kong’’; 

11 (D) human rights ‘‘serve as a basis for 

12 Hong Kong’s continued economic prosperity’’; 

13 and 

14 (E) Hong Kong must remain sufficiently 

15 autonomous from the People’s Republic of 

16 China to justify a different treatment under a 

17 particular law of the United States, or any pro18 vision thereof, from that accorded the People’s 

19 Republic of China; 

20 (2) to support the democratic aspirations of the 

21 people of Hong Kong, as guaranteed to them by the 

22 Joint Declaration, the Basic Law, the International 

23 Covenant on Civil and Political Rights, and the Uni24 versal Declaration of Human Rights; 


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1 (3) to urge the Government of the People’s Re2 public of China to uphold its commitments to Hong 

3 Kong, including allowing the people of Hong Kong 

4 to rule Hong Kong with a high degree of autonomy 

5 and without undue interference, and ensuring that 

6 Hong Kong voters freely enjoy the right to elect the 

7 Chief Executive and all members of the Hong Kong 

8 Legislative Council by universal suffrage; 

9 (4) to support the establishment by 2017 of a 

10 genuine democratic option to freely and fairly nomi11 nate and elect the Chief Executive of Hong Kong, 

12 and the establishment by 2020 of open and direct 

13 democratic elections for all members of the Hong 

14 Kong Legislative Council; and 

15 (5) to support press freedom and journalistic 

16 independence, including the continuation of inter17 national broadcasting programming in Cantonese 

18 that is readily accessible to Cantonese speaking pop19 ulations in China and in Hong Kong. 

20 SEC. 4. REINSTATEMENT OF REPORTING REQUIREMENTS 

21 RELATED TO UNITED STATES-HONG KONG 

22 RELATIONS. 

23 Section 301 of the United States-Hong Kong Policy 

24 Act of 1992 (22 U.S.C. 5731) is amended— 


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1 (1) by striking ‘‘Not later than’’ and all that 

2 follows through ‘‘the Secretary of State’’ and insert3 ing ‘‘Not later than March 31, 2015, and annually 

4 thereafter for 10 years or until such earlier date 

5 that the Secretary of State certifies that Hong Kong 

6 has held free and fair elections for two consecutive 

7 Chief Executive and two consecutive Legislative 

8 Council periods, the Secretary of State’’; 

9 (2) by striking ‘‘Speaker of the House of Rep10 resentatives’’ and inserting ‘‘chairman of the Com11 mittee on Foreign Affairs of the House of Rep12 resentatives’’; 

13 (3) in paragraph (7), by striking ‘‘; and’’ and 

14 inserting a semicolon; 

15 (4) in paragraph (8), by striking the period at 

16 the end and inserting ‘‘; and’’; and 

17 (5) by adding at the end the following new 

18 paragraph: 

19 ‘‘(9) matters in which Hong Kong is given sep20 arate treatment under the laws of the United States 

21 from that accorded to the People’s Republic of 

22 China and in accordance with this Act.’’. 


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1 SEC. 5. TREATMENT OF HONG KONG UNDER UNITED 

2 STATES LAW. 

3 Title II of the United States-Hong Kong Policy Act 

4 of 1992 (22 U.S.C. 5721 et seq.) is amended by inserting 

5 after section 202 the following new section: 

6 ‘‘SEC. 202A. TREATMENT OF HONG KONG UNDER UNITED 

7 STATES LAW. 

8 ‘‘(a) PRESIDENTIAL CERTIFICATION REQUIRE9 MENT.—Hong Kong is ineligible for treatment different 

10 from that accorded the People’s Republic of China under 

11 United States laws, agreements, or arrangements enacted 

12 or entered into after the date of the enactment of this 

13 Act unless the President certifies to Congress that Hong 

14 Kong is sufficiently autonomous to justify such different 

15 treatment. 

16 ‘‘(b) WAIVER AUTHORITY.—The President may 

17 waive the application of subsection (a) if the President— 

18 ‘‘(1) determines that such a waiver is in the na19 tional security interests of the United States; and 

20 ‘‘(2) on or before the date on which the waiver 

21 takes effect, submits to the Committee on Foreign 

22 Relations of the Senate and the Committee on For23 eign Affairs of the House of Representatives a notice 

24 of and justification for the waiver.’’. 


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1 SEC. 5. TREATMENT OF HONG KONG UNDER UNITED 

2 STATES LAW. 

3 Title II of the United States-Hong Kong Policy Act 

4 of 1992 (22 U.S.C. 5721 et seq.) is amended by inserting 

5 after section 202 the following new section: 

6 ‘‘SEC. 202a. TREATMENT OF HONG KONG UNDER UNITED 

7 STATES LAW. 

8 ‘‘(a) SECRETARY OF STATE CERTIFICATION REQUIRE9 MENT.— 

10 ‘‘(1) IN GENERAL.—Not later than 90 days after 

11 the date of the enactment of the Hong Kong Human 

12 Rights and Democracy Act, and annually thereafter, 

13 the Secretary of State shall certify to Congress wheth14 er Hong Kong is sufficiently autonomous to justify 

15 separate treatment different from that accorded the 

16 People’s Republic of China in any new laws, agree17 ments, treaties, or arrangements entered into between 

18 the United States and Hong Kong after the date of 

19 the enactment of such Act. 

20 ‘‘(2) FACTOR FOR CONSIDERATION.—In making 

21 a certification under paragraph (1), the Secretary of 

22 State should consider the terms, obligations, and ex23 pectations expressed in the Joint Declaration with re24 spect to Hong Kong. 

25 ‘‘(3) EXCEPTION.—The certification under this 

26 subsection shall not be required with respect to any 


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1 new laws, agreements, treaties, or arrangements that 

2 support human rights, rule of law, or democracy in 

3 Hong Kong. 

4 ‘‘(b) WAIVER AUTHORITY.—The Secretary of State 

5 may waive the application of subsection (a) if the Sec6 retary— 

7 ‘‘(1) determines that such a waiver is in the na8 tional interests of the United States; and 

9 ‘‘(2) on or before the date on which the waiver 

10 takes effect, submits to the Committee on Foreign Re11 lations of the Senate and the Committee on Foreign 

12 Affairs of the House of Representatives a notice of 

13 and justification for the waiver.’’. 


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Calendar No. 651 

113TH CONGRESS 

2D SESSION S. 2922 

A BILL 

To reinstate reporting requirements related to 

United States-Hong Kong relations. 

DECEMBER 11, 2014 

Reported with an amendment 


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