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(2) The People’s Republic of China in the Joint
Declaration pledges, among other things, that ‘‘the
Hong Kong Special Administrative Region will enjoy
a high degree of autonomy, except in foreign and
defence affairs . . .,’’ that basic human rights and
freedoms ‘‘will be ensured by law . . .,’’ and that
‘‘[t]he legislature of the Hong Kong Special Admin-
istrative Region shall be constituted by elections.’’.
(3) Senior government officials of the People’s
Republic of China have repeatedly assured a smooth
transfer of Hong Kong to Chinese sovereignty, a
successful implementation of the ‘‘one country, two
systems’’ policy, long-term prosperity for Hong
Kong, and continued respect for the basic rights of
the Hong Kong people.
(4) Despite general assertions guaranteeing the
autonomous governance of Hong Kong, several offi-
cial acts and statements by senior officials of the
Government of the People’s Republic of China re-
flect an attempt to infringe upon the current and fu-
ture levels of autonomy in Hong Kong. These acts
or statements include, but are not limited to—
(A) initial proposals, which were later
withdrawn, by officials of the Government of
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the People’s Republic of China to obtain con-
fidential files on civil servants of the Hong
Kong Government or require such civil servants
to take ‘‘loyalty oaths’’;
(B) the decision of the Government of the
People’s Republic of China to dissolve the
democratically elected Legislative Council on
July 1, 1997, and the appointment of a provi-
sional legislature in December of 1996;
(C) the delineation by officials concerning
the types of speech and association which will
be permitted by the Government of the People’s
Republic of China after the reversion;
(D) initial warnings, which were later with-
drawn, to religious institutions not to hold cer-
tain gatherings after the reversion; and
(E) the decision on February 23, 1997, of
the Standing Committee of the National Peo-
ple’s Congress of the People’s Republic of
China to repeal or amend certain Hong Kong
ordinances, including the Bill of Rights Ordi-
nance, the Societies Ordinance of 1992 (relat-
ing to freedom of association), and the Public
Order Ordinance of 1995 (relating to freedom
of assembly).
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(5) The reversion of Hong Kong to the People’s
Republic of China has important implications for
both United States national interests and the inter-
ests of the Hong Kong people. The United States
Government has a responsibility to ensure that Unit-
ed States interests are protected during and after
this transition, and it has a profound interest in en-
suring that basic and fundamental human rights of
the Hong Kong people are also protected.
(6) The United States-Hong Kong Policy Act of
1992 sets forth United States policy concerning
Hong Kong’s reversion to the People’s Republic of
China on July 1, 1997, and Hong Kong’s special
status as a Special Administrative Region of that
country. It ensures the continuity of United States
laws regarding Hong Kong while establishing a
mechanism in section 202 of that Act whereby the
President can modify the application of United
States laws with respect to Hong Kong if the Presi-
dent ‘‘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’’.
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(7) One of the principal purposes of the Con-
gress in enacting the United States Hong Kong Pol-
icy Act of 1992 was to maintain Hong Kong’s au-
tonomy by ensuring that the United States will con-
tinue to treat Hong Kong as a distinct legal entity,
separate and apart from the People’s Republic of
China, for all purposes, in those areas in which the
People’s Republic of China has agreed that Hong
Kong will continue to enjoy a high degree of auton-
omy, unless the President makes a determination
under section 202 of that Act.
(8) Although the United States Government
can have an impact on ensuring the future auton-
omy of the Hong Kong Government and in protect-
ing the well-being of the Hong Kong people, ulti-
mately the future of Hong Kong will be determined
by the willingness of the Government of the People’s
Republic of China to maintain the freedoms now en-
joyed by the people of Hong Kong and to rely on the
people of Hong Kong to govern themselves.
SEC. 4. CONGRESSIONAL DECLARATIONS.
The Congress makes the following declarations:
(1) Recognizing that the United States Govern-
ment and the Hong Kong Government have long en-
joyed a close and beneficial working relationship, for
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example between the United States Customs Service,
the Federal Bureau of Investigation, the Drug En-
forcement Administration, the Immigration and Nat-
uralization Service, the Secret Service, and their cor-
responding agencies of the Hong Kong Government,
the United States urges the two governments to con-
tinue their effective cooperation.
(2) Recognizing that the preservation of Hong
Kong’s autonomous customs territory has important
security and commercial implications for the United
States and the people of Hong Kong, the United
States calls upon the People’s Republic of China to
fully respect the autonomy of the Hong Kong cus-
toms territory.
(3) Recognizing that Hong Kong has histori-
cally been an important port of call for United
States naval vessels, the United States urges the
Government of the People’s Republic of China to
consider in a timely and routine manner United
States requests for port calls at Hong Kong.
(4) Recognizing that Hong Kong enjoys a ro-
bust and professional free press with important
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guarantees on the freedom of information, the Unit-
ed States declares that a free press and access to in-
formation are fundamentally important to the eco-
nomic and commercial success of Hong Kong and
calls upon the Government of the People’s Republic
of China to fully respect these essential rights of the
Hong Kong people.
(5) Recognizing that the first fully democratic
elections of a legislature in Hong Kong took place
in 1995, following nearly 150 years of colonial rule,
the United States recognizes that the Joint Declara-
tion of 1984 requires that the Special Administrative
Region legislature ‘‘shall be constituted by elec-
tions’’, declares that the failure to have an elected
legislature would be a violation of the Joint Declara-
tion of 1984, and calls upon the Government of the
People’s Republic of China to honor its treaty obli-
gations.
(6) Recognizing that the United Kingdom belat-
edly reformed Hong Kong laws with respect to the
civil rights of the Hong Kong people, the Hong
Kong people have nevertheless long enjoyed essential
rights and freedoms as enumerated in the Universal
Declaration of Human Rights; therefore, the United
States declares that the decision of the National
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People’s Congress to repeal or amend certain ordi-
nances is a serious threat to the Hong Kong people’s
continued enjoyment of their freedom of association,
speech, and other essential human rights, unless
those rights are reestablished no later than July 1,
1997, and calls upon the National People’s Congress
to reconsider its decision.
(7) Recognizing that under the terms of the
Joint Declaration of 1984 the provisions of the
International Covenant on Civil and Political Rights
will continue to apply in Hong Kong, the United
States welcomes the public statement by the Chief
Executive-designate of Hong Kong that the legisla-
tion which will replace repealed or amended sections
of the Societies Ordinance and Public Order Ordi-
nance will be the subject of public consultation, and
urges that the new legislation should reflect both the
clearly expressed wishes of the people of Hong Kong
and the provisions of the International Covenant on
Civil and Political Rights.
(8) Recognizing that Hong Kong currently
maintains an efficient capitalist economy and trade
system by strictly adhering to the rule of law, by
honoring the sanctity of contract, and by operating
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without corruption and with minimum and trans-
parent regulation, the United States calls upon the
Government of the People’s Republic of China to
fully respect the autonomy and independence of the
chief executive, the civil service, the judiciary, the
police of Hong Kong, and the Independent Commis-
sion Against Corruption.
SEC. 5. PRESIDENTIAL DETERMINATION UNDER SECTION
202 OF THE UNITED STATES-HONG KONG POL-
ICY ACT OF 1992 AND ADDITIONAL REPORT-
ING REQUIREMENTS.
(a) IN GENERAL.—In determining whether ‘‘Hong
Kong is not sufficiently autonomous to justify treatment
under a particular law of the United States, or any provi-
sion thereof, different from that accorded the People’s Re-
public of China,’’ as required by section 202(a) of the
United States-Hong Kong Policy Act of 1992, the Presi-
dent of the United States, based upon the assessments
made pursuant to subsection (b) of this section, as well
as other information included in the reports submitted
under section 301 of the United States-Hong Kong Policy
Act of 1992, shall consider the performance of the Hong
Kong Government and the actions of the Government of
the People’s Republic of China.
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(b) REQUIREMENTS FOR REPORTS TO CONGRESS.—
The Secretary of State shall include, in each report re-
quired by section 301 of the United States-Hong Kong
Policy Act of 1992, the following:
(1) SUCCESSFUL AND TIMELY CONCLUSION OF
AGREEMENTS
AND
TREATIES.—An assessment by
the Secretary of State of whether the Hong Kong
Government or the People’s Republic of China, or
both, as the case may be, have cooperated with the
United States Government in securing the following
agreements or treaties:
(A) A bilateral investment treaty.
(B) An extradition treaty.
(C) An agreement on consular access in
Hong Kong for United States citizens com-
parable to that provided for in the consular con-
vention between the United States and the Peo-
ple’s Republic of China.
(D) An agreement to preserve the United
States consulate, with privileges and immunities
for United States personnel.
(E) A mutual legal assistance agreement.
(F) A prison transfer agreement.
(G) A civil aviation agreement.
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(2) CONTINUED
COOPERATION
FROM
THE
AGENCIES OF THE HONG KONG GOVERNMENT.—An
assessment by the Secretary of State of whether
agencies of the Hong Kong Government continue to
cooperate with United States Government agencies.
The Secretary of State shall cite in the report any
evidence of diminished cooperation in the areas of
customs enforcement, drug interdiction, and pros-
ecution and prevention of money laundering, coun-
terfeiting, credit card fraud, and organized crime.
(3) PRESERVATION OF GOOD GOVERNANCE AND
RULE OF LAW IN HONG KONG.—An assessment by
the Secretary of State of whether the Hong Kong
Government remains autonomous and relatively free
of corruption and whether the rule of law is re-
spected in Hong Kong. The Secretary of State shall
cite in the report any—
(A) efforts to annul or curtail the applica-
tion of the Bill of Rights of Hong Kong;
(B) efforts to prosecute for violations of, or
broaden the application of, laws against trea-
son, secession, sedition, and subversion;
(C) acts or threats against nonviolent civil
disobedience;
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(D) interference in the autonomy of the
chief executive, the civil service, the judiciary,
or the police;
(E) increased corruption in the Hong Kong
Government; and
(F) efforts to suppress freedom of the
press or restrict the free flow of information.
(4) PRESERVATION OF THE AUTONOMY OF THE
CUSTOMS TERRITORY OF HONG KONG.—An assess-
ment by the Secretary of State of whether the cus-
toms territory of Hong Kong is administered in an
autonomous manner. The Secretary of State shall
cite in the report any—
(A) failure to respect United States textile
laws and quotas;
(B) failure to enforce United States export
control laws or export license requirements;
(C) unauthorized diversions from Hong
Kong of high technology exports from the Unit-
ed States to Hong Kong;
(D) unprecedented diversion of Chinese ex-
ports through Hong Kong in order to attain
preferential treatment in United States mar-
kets; and
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(E) misuse of the customs territory of
Hong Kong to implement the foreign policy or
trade goals of the Government of the People’s
Republic of China.
SEC. 6. EXTENSION OF CERTAIN PRIVILEGES, EXEMPTIONS,
AND IMMUNITIES TO HONG KONG ECONOMIC
AND TRADE OFFICES.
(a) APPLICATION
OF INTERNATIONAL ORGANIZA-
TIONS IMMUNITIES ACT.—The provisions of the Inter-
national Organizations Immunities Act (22 U.S.C. 288 et
seq.) may be extended to the Hong Kong Economic and
Trade Offices in the same manner, to the same extent,
and subject to the same conditions as such provisions may
be extended to a public international organization in which
the United States participates pursuant to any treaty or
under the authority of any Act of Congress authorizing
such participation or making an appropriation for such
participation.
(b) APPLICATION OF INTERNATIONAL AGREEMENT
ON CERTAIN STATE AND LOCAL TAXATION.—The Presi-
dent is authorized to apply the provisions of Article I of
the Agreement on State and Local Taxation of Foreign
Employees of Public International Organizations, done at
Washington, D.C. on April 21, 1994, to the Hong Kong
Economic and Trade Offices.
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(c) DEFINITION.—The term ‘‘Hong Kong Economic
and Trade Offices’’ refers to Hong Kong’s official eco-
nomic and trade missions in the United States.
Passed the House of Representatives March 11,
1997.
Attest:
ROBIN H. CARLE,
Clerk.