I 
115TH CONGRESS 
1ST SESSION H. R. 3856 
To reinstate reporting requirements related to United States-Hong Kong 
relations. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 27, 2017 
Mr. SMITH of New Jersey (for himself and Mr. WALZ) introduced the fol-
lowing bill; which was referred to the Committee on Foreign Affairs, and 
in addition to the Committees on the Judiciary, and Financial Services, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To reinstate reporting requirements related to United States- 
Hong Kong relations. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Hong Kong Human 
Rights and Democracy Act of 2017’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 
and ‘‘alien’’ have the meanings given those terms in 
section 101 of the Immigration and Nationality Act 
(8 U.S.C. 1101). 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services, the 
Committee on Financial Services, the Com-
mittee on Foreign Affairs, the Committee on 
Homeland Security, and the Committee on the 
Judiciary of the House of Representatives; and 
(B) the Committee on Armed Services, the 
Committee on Banking, Housing, and Urban 
Affairs, the Committee on Foreign Relations, 
the Committee on Homeland Security and Gov-
ernmental Affairs, and the Committee on the 
Judiciary of the Senate. 
(3) FINANCIAL
INSTITUTION.—The term ‘‘fi-
nancial institution’’ has the meaning given that term 
in section 5312 of title 31, United States Code. 
(4) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
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(A) a United States citizen or an alien law-
fully admitted for permanent residence to the 
United States; or 
(B) an entity organized under the laws of 
the United States or of any jurisdiction within 
the United States, including a foreign branch of 
such an entity. 
SEC. 3. FINDINGS. 
Congress makes the following findings: 
(1) The Joint Declaration of the Government of 
the United Kingdom of Great Britain and Northern 
Ireland and the Government of the People’s Repub-
lic of China on the Question of Hong Kong, done at 
Beijing December 19, 1984 (in this Act referred to 
as the ‘‘Joint Declaration’’)— 
(A) provided that the People’s Republic of 
China resumed sovereignty over Hong Kong on 
July 1, 1997; and 
(B) established a ‘‘high degree of auton-
omy’’ for Hong Kong except in matters of for-
eign affairs and defense. 
(2) The Basic Law of the Hong Kong Special 
Administrative Region of the People’s Republic of 
China (in this Act referred to as ‘‘Basic Law’’)— 
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(A) guarantees Hong Kong a ‘‘high degree 
of autonomy’’ and separate executive, legisla-
tive, and independent judicial powers; 
(B) generally prohibits the central Govern-
ment of the People’s Republic of China from 
interfering in the affairs that Hong Kong ad-
ministers on its own according to the Basic 
Law; 
(C) protects the rights to free speech, 
press, assembly, and religion; 
(D) guarantees residents of Hong Kong 
‘‘the freedom of the person,’’ meaning ‘‘no 
Hong Kong resident shall be subjected to arbi-
trary or unlawful arrest, detention or imprison-
ment’’; 
(E) guarantees residents of Hong Kong 
‘‘the right to confidential legal advice, access to 
the courts, choice of lawyers for timely protec-
tion of their lawful rights and interests or for 
representation in the courts, and to judicial 
remedies’’; 
(F) provides that the socialist system and 
policies shall not be practiced in Hong Kong 
and that Hong Kong’s capitalist system and 
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way of life shall remain unchanged for 50 years 
(the principle of ‘‘one country, two systems’’); 
(G) affirms the continuing applicability of 
the International Covenant on Civil and Polit-
ical Rights to Hong Kong; 
(H) provides that the head of the Hong 
Kong Special Administrative Region shall be 
the Chief Executive; 
(I) provides that ‘‘the ultimate aim is the 
selection of the Chief Executive by universal 
suffrage upon nomination by a broadly rep-
resentative nominating committee in accordance 
with democratic procedures’’; 
(J) provides that the legislature of the 
Hong Kong Special Administrative Region shall 
be the Legislative Council; and 
(K) provides that ‘‘the ultimate aim is the 
election of all the members of the Legislative 
Council by universal suffrage’’. 
(3) The National People’s Congress Standing 
Committee (NPCSC) determined on December 29, 
2007, that Hong Kong could elect the Chief Execu-
tive by universal suffrage beginning in 2017, and 
that Hong Kong could thereafter elect the Legisla-
tive Council by universal suffrage beginning in 2020. 
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(4) The Chief Executive is currently selected by 
an Election Committee consisting of 1,200 members. 
In order to run, candidates for Chief Executive must 
currently receive the support of one-eighth of the 
members of the Election Committee, the majority of 
whom reportedly support or have ties to the Chinese 
Communist Party. 
(5) On August 31, 2014, the NPCSC deter-
mined that the 2017 election for the Chief Executive 
could be held by universal suffrage but that Hong 
Kong voters could only choose from two to three 
candidates, each of whom is to be chosen by a ma-
jority of a nominating committee similar to the cur-
rent Election Committee that is heavily controlled by 
pro-Beijing members. 
(6) International standards for elections, in-
cluding Article 21 of the Universal Declaration of 
Human Rights and Article 25 of the International 
Covenant on Civil and Political Rights, guarantee 
citizens the right to vote and to be elected in gen-
uine periodic elections by universal and equal suf-
frage without unreasonable restrictions. 
(7) Hundreds of thousands of Hong Kong resi-
dents have consistently and peacefully expressed 
their dissatisfaction with the electoral reform plans 
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of the Hong Kong government and the Government 
of the People’s Republic of China, including the Au-
gust 2014 NPCSC decision, and have called for a 
genuine choice in elections that meet international 
standards. Their peaceful and orderly protests have 
set an example for other democratic movements 
around the world, including those in mainland China 
that continue to fight for their fundamental free-
doms. 
(8) Media reports and video footage indicate 
that Hong Kong police used tear gas and pepper 
spray against pro-democracy demonstrators on Sep-
tember 28, 2014. There have also been accusations 
of excessive use of force by the Hong Kong police, 
but no police officer has yet been convicted. 
(9) Protestors and pro-democracy activists re-
ported sustained harassment and intimidation dur-
ing and after the demonstrations, including hacking 
of their email accounts or phone, by groups report-
edly connected to the Government of the People’s 
Republic of China. 
(10) Some protestors and activists have been 
unable to travel to mainland China due to their par-
ticipation in the demonstrations, which has a direct 
bearing on their future employment prospects. Pro- 
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