I 
118TH CONGRESS 
1ST SESSION H. R. 1103 
To require the President to remove the extension of certain privileges, exemp-
tions, and immunities to the Hong Kong Economic and Trade Offices 
if Hong Kong no longer enjoys a high degree of autonomy from the 
People’s Republic of China, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 17, 2023 
Mr. SMITH of New Jersey (for himself and Mr. MCGOVERN) introduced the 
following bill; which was referred to the Committee on Foreign Affairs, 
and in addition to the Committee on Rules, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To require the President to remove the extension of certain 
privileges, exemptions, and immunities to the Hong Kong 
Economic and Trade Offices if Hong Kong no longer 
enjoys a high degree of autonomy from the People’s 
Republic of China, and for other purposes. 
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 Economic 
and Trade Office (HKETO) Certification Act’’. 
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SEC. 2. CERTIFICATION ON WHETHER TO EXTEND CERTAIN 
PRIVILEGES, EXEMPTIONS, AND IMMUNITIES 
TO THE HONG KONG ECONOMIC AND TRADE 
OFFICES IN THE UNITED STATES. 
(a) CERTIFICATION REQUIRED.—Not later than 30 
days after the date of the enactment of this Act, and 
thereafter as part of each certification required by the Sec-
retary of State under section 205(a)(1)(A) of the United 
States-Hong Kong Policy Act of 1992 (22 U.S.C. 
5725(a)(1)(A)), the President shall submit to the appro-
priate congressional committees a certification that— 
(1) the Hong Kong Economic and Trade Of-
fices— 
(A) merit extension and application of the 
privileges, exemptions, and immunities specified 
in subsection (b); or 
(B) no longer merit extension and applica-
tion of the privileges, exemptions, and immuni-
ties specified in subsection (b); and 
(2) a detailed report justifying that certifi-
cation. 
(b) PRIVILEGES, EXEMPTIONS, AND IMMUNITIES 
SPECIFIED.—The privileges, exemptions, and immunities 
specified in this subsection are the privileges, exemptions, 
and immunities extended and applied to the Hong Kong 
Economic and Trade Offices under section 1 of the Act 
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unless a disapproval resolution is enacted under sub-
section (f). 
(d) REVOCATION OF EXTENSION AND APPLICATION 
OF PRIVILEGES, EXEMPTIONS, AND IMMUNITIES.—The 
President may revoke the extension and application to the 
Hong Kong Economic and Trade Offices of the privileges, 
exceptions, and immunities specified in subsection (b). 
(e) TERMINATION
OF
CERTIFICATION
REQUIRE-
MENT.—If the Hong Kong Economic and Trade Offices 
terminate operations in the United States, whether pursu-
ant to subsection (c) or otherwise, the President shall not 
issue additional certifications under subsection (a)(1) after 
the date on which those operations terminated. 
(f) CONGRESSIONAL REVIEW.— 
(1) DISAPPROVAL RESOLUTION.—In this sub-
section, the term ‘‘disapproval resolution’’ means 
only a joint resolution of either House of Congress— 
(A) the title of which is the following: ‘‘A 
joint resolution disapproving the certification by 
the President that the Hong Kong Economic 
and Trade Offices continue to merit extension 
and application of certain privileges, exemp-
tions, and immunities.’’; and 
(B) the sole matter after the resolving 
clause of which is the following: ‘‘Congress dis-
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approves of the certification by the President 
under section 2(a)(1)(A) of the Hong Kong 
Economic and Trade Office (HKETO) Certifi-
cation Act that the Hong Kong Economic and 
Trade Offices merit extension and application 
of certain privileges, exemptions, and immuni-
ties, on lll.’’, with the blank space being 
filled with the appropriate date. 
(2) INTRODUCTION.—A disapproval resolution 
may be introduced— 
(A) in the House of Representatives, by 
the majority leader or the minority leader; and 
(B) in the Senate, by the majority leader 
(or the majority leader’s designee) or the mi-
nority leader (or the minority leader’s des-
ignee). 
(3) FLOOR CONSIDERATION IN HOUSE OF REP-
RESENTATIVES.—If a committee of the House of 
Representatives to which a disapproval resolution 
has been referred has not reported the resolution 
within 10 legislative days after the date of referral, 
that committee shall be discharged from further con-
sideration of the resolution. 
(4) CONSIDERATION IN SENATE.— 
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(A) 
COMMITTEE
REFERRAL.—A 
dis-
approval resolution introduced in the Senate 
shall be referred to the Committee on Foreign 
Relations. 
(B) REPORTING AND DISCHARGE.—If the 
Committee on Foreign Relations of the Senate 
has not reported the resolution within 10 legis-
lative days after the date of referral of the reso-
lution, that committee shall be discharged from 
further consideration of the resolution and the 
resolution shall be placed on the appropriate 
calendar. 
(C) PROCEEDING
TO
CONSIDERATION.— 
Notwithstanding Rule XXII of the Standing 
Rules of the Senate, it is in order at any time 
after the Committee on Foreign Relations re-
ports a disapproval resolution to the Senate or 
has been discharged from consideration of such 
a resolution (even though a previous motion to 
the same effect has been disagreed to) to move 
to proceed to the consideration of the resolu-
tion, and all points of order against the resolu-
tion (and against consideration of the resolu-
tion) are waived. The motion to proceed is not 
debatable. The motion is not subject to a mo-
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tion to postpone. A motion to reconsider the 
vote by which the motion is agreed to or dis-
agreed to shall not be in order. 
(D) RULINGS OF THE CHAIR ON PROCE-
DURE.—Appeals from the decisions of the Chair 
relating to the application of the rules of the 
Senate, as the case may be, to the procedure re-
lating to a disapproval resolution shall be de-
cided without debate. 
(E) 
CONSIDERATION
OF
VETO
MES-
SAGES.—Debate in the Senate of any veto mes-
sage with respect to a disapproval resolution, 
including all debatable motions and appeals in 
connection with the resolution, shall be limited 
to 10 hours, to be equally divided between, and 
controlled by, the majority leader and the mi-
nority leader or their designees. 
(5) RULES RELATING TO SENATE AND HOUSE 
OF REPRESENTATIVES.— 
(A) TREATMENT OF SENATE RESOLUTION 
IN HOUSE.—In the House of Representatives, 
the following procedures shall apply to a dis-
approval resolution received from the Senate 
(unless the House has already passed a resolu-
tion relating to the same proposed action): 
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(i) The resolution shall be referred to 
the appropriate committees. 
(ii) If a committee to which a resolu-
tion has been referred has not reported the 
resolution within 10 legislative days after 
the date of referral, that committee shall 
be discharged from further consideration 
of the resolution. 
(iii) Beginning on the third legislative 
day after each committee to which a reso-
lution has been referred reports the resolu-
tion to the House or has been discharged 
from further consideration thereof, it shall 
be in order to move to proceed to consider 
the resolution in the House. All points of 
order against the motion are waived. Such 
a motion shall not be in order after the 
House has disposed of a motion to proceed 
on the resolution. The previous question 
shall be considered as ordered on the mo-
tion to its adoption without intervening 
motion. The motion shall not be debatable. 
A motion to reconsider the vote by which 
the motion is disposed of shall not be in 
order. 
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(iv) The resolution shall be considered 
as read. All points of order against the res-
olution and against its consideration are 
waived. The previous question shall be con-
sidered as ordered on the resolution to 
final passage without intervening motion 
except 2 hours of debate equally divided 
and controlled by the offeror of the motion 
to proceed (or a designee) and an oppo-
nent. A motion to reconsider the vote on 
passage of the resolution shall not be in 
order. 
(B) TREATMENT OF HOUSE RESOLUTION 
IN SENATE.— 
(i) RECEIVED
BEFORE
PASSAGE
OF 
SENATE RESOLUTION.—If, before the pas-
sage by the Senate of a disapproval resolu-
tion, the Senate receives an identical reso-
lution from the House of Representatives, 
the following procedures shall apply: 
(I) That resolution shall not be 
referred to a committee. 
(II) With respect to that resolu-
tion— 
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(aa) the procedure in the 
Senate shall be the same as if no 
resolution had been received from 
the House of Representatives; 
but 
(bb) the vote on passage 
shall be on the resolution from 
the House of Representatives. 
(ii) RECEIVED
AFTER
PASSAGE
OF 
SENATE
RESOLUTION.—If, following pas-
sage of a disapproval resolution in the Sen-
ate, the Senate receives an identical resolu-
tion from the House of Representatives, 
that resolution shall be placed on the ap-
propriate Senate calendar. 
(iii) NO
SENATE
COMPANION.—If a 
disapproval resolution is received from the 
House of Representatives, and no com-
panion resolution has been introduced in 
the Senate, the Senate procedures under 
this subsection shall apply to the resolution 
from the House of Representatives. 
(C) APPLICATION
TO
REVENUE
MEAS-
URES.—The provisions of this subparagraph 
shall not apply in the House of Representatives 
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to a disapproval resolution that is a revenue 
measure. 
(6) RULES
OF
HOUSE
OF
REPRESENTATIVES 
AND SENATE.—This paragraph is enacted by Con-
gress— 
(A) as an exercise of the rulemaking power 
of the Senate and the House of Representa-
tives, respectively, and as such is deemed a part 
of the rules of each House, respectively, and su-
persedes other rules only to the extent that it 
is inconsistent with such rules; and 
(B) with full recognition of the constitu-
tional right of either House to change the rules 
(so far as relating to the procedure of that 
House) at any time, in the same manner, and 
to the same extent as in the case of any other 
rule of that House. 
(g) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Foreign Relations 
of the Senate and the Committee on Foreign Affairs 
of the House of Representatives. 
(2) HONG
KONG
ECONOMIC
AND
TRADE
OF-
FICES.—The term ‘‘Hong Kong Economic and 
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Trade Offices’’ has the meaning given that term in 
section 1(c) of the Act entitled ‘‘An Act to extend 
certain privileges, exemptions, and immunities to 
Hong Kong Economic and Trade Offices’’, approved 
June 27, 1997 (22 U.S.C. 288k). 
SEC. 3. LIMITATION ON CONTRACTING RELATING TO HONG 
KONG ECONOMIC AND TRADE OFFICES. 
(a) IN GENERAL.—On and after the date of the en-
actment of this Act, an entity of the United States Gov-
ernment may enter into an agreement or partnership with 
the Hong Kong Economic and Trade Offices to promote 
tourism, culture, business, or other matters relating to 
Hong Kong only if— 
(1) the President has submitted to the Com-
mittee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs of the House of Rep-
resentatives a certification under section 2(a)(1)(A) 
that the Hong Kong Economic and Trade Offices 
merit extension and application of certain privileges, 
exemptions, and immunities; and 
(2) a disapproval resolution under section 2(f) 
is not enacted during the 90-day period following the 
submission of that certification. 
(b) CERTIFICATION.— 
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(1) EXISTING
AGREEMENTS
AND
PARTNER-
SHIPS.—Not later than 100 days after the date of 
the enactment of this Act, any entity of the United 
States Government or any entity that holds a cur-
rent Federal contract with the United States Gov-
ernment that has in effect an agreement or partner-
ship with the Hong Kong Economic and Trade Of-
fices, shall submit to the Secretary of State and the 
Administrator of the General Services Administra-
tion a certification described in paragraph (3) with 
respect to each such agreement or partnership. 
(2) NEW AGREEMENTS AND PARTNERSHIPS.— 
Not later than 15 days after entering into an agree-
ment or partnership with the Hong Kong Economic 
and Trade Offices, an entity of the United States 
Government or an entity that holds a current Fed-
eral contract with the United States Government 
shall submit to the Secretary of State and the Ad-
ministrator of the General Services Administration a 
certification described in paragraph (3) with respect 
to that agreement or partnership. 
(3) CERTIFICATION DESCRIBED.—With respect 
to an agreement or partnership with the Hong Kong 
Economic and Trade Offices, a certification de-
scribed in this paragraph is a certification that the 
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agreement or partnership does not promote efforts 
by the Government of the Hong Kong Special Ad-
ministrative Region and the Government of the Peo-
ple’s Republic of China— 
(A) to justify the dismantling of the auton-
omy of Hong Kong and the freedoms and rule 
of law guaranteed by the Sino-British Joint 
Declaration of 1984; or 
(B) to portray within the United States 
the Government of the Hong Kong Special Ad-
ministrative Region or the Government of the 
People’s Republic of China as protecting the 
rule of law or the human rights and civil lib-
erties of the people of Hong Kong. 
(c) HONG KONG ECONOMIC AND TRADE OFFICES 
DEFINED.—In this section, the term ‘‘Hong Kong Eco-
nomic and Trade Offices’’ has the meaning given that 
term in section 1(c) of the Act entitled ‘‘An Act to extend 
certain privileges, exemptions, and immunities to Hong 
Kong Economic and Trade Offices’’, approved June 27, 
1997 (22 U.S.C. 288k). 
SEC. 4. POLICY OF UNITED STATES ON PROMOTION OF AU-
TONOMY OF GOVERNMENT OF THE HONG 
KONG SPECIAL ADMINISTRATIVE REGION. 
It is the policy of the United States— 
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(1) to ensure that entities of the United States 
Government do not knowingly assist in the pro-
motion of Hong Kong as a free and autonomous city 
or the Government of the Hong Kong Special Ad-
ministrative Region as committed to protecting the 
human rights of the people of Hong Kong or fully 
maintaining the rule of law required for human 
rights and economic prosperity as long as the Sec-
retary of State continues to certify under section 
205(a)(1) of the United States-Hong Kong Policy 
Act of 1992 (22 U.S.C. 5725(a)(1)) that Hong 
Kong does not enjoy a high degree of autonomy 
from the People’s Republic of China and does not 
warrant treatment under the laws of the United 
States in the same manner as those laws were ap-
plied to Hong Kong before July 1, 1997; 
(2) to recognize that promotion of Hong Kong 
as described in paragraph (1) should be considered 
propaganda for the efforts of the People’s Republic 
of China to dismantle rights and freedom guaran-
teed to the residents of Hong Kong by the Inter-
national Covenant on Civil and Political Rights and 
the Sino-British Joint Declaration of 1984; 
(3) to ensure that entities of the United States 
Government do not engage in or assist with propa-
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