United States-Hong Kong Policy Act of 1992
PL 102-383 (S.1731), enacted 10/05/1992

106 STAT. 1448 
PUBLIC LAW 102-383—OCT. 5,1992 
Public Law 102-883 
102d Congress 
An Act 
Oct. 5,1992 
To set forth the policy of the United States with respect to Hong Kong, 
[S. 1731] 
and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
United States- 
the United States of America in Congress assembled, 
Hong Kong 
Policy Act of 
SECTION 1. SHORT TITLE. 
1992 
22 use 5701 
This Act may be cited as the "United States-Hong Kong Policy 
note. 
Act of 1992". 
22 u s e 5701. 
SEC. 2. FINDINGS AND DECLARATIONS. 
The Congress makes the following findings and declarations: 
(1) The Congress recognizes that under the 1984 Sino-
British Joint Declaration: 
(A) The People's Republic of China and the United 
Kingdom of Great Britain and Northern Ireland have 
agreed that the People's Republic of China will resume 
the exercise of sovereignty over Hong Kong on July 1, 
1997. Until that time, the United Kingdom will be respon-
sible for the administration of Hong Kong. 
(B) The Hong Kong Special Administrative Region of 
the People's Republic of China, beginning on July 1, 1997, 
will continue to enjoy a high degree of autonomy on all 
matters other than defense and foreign affairs. 
(C) There is provision for implementation of a "one 
country, two systems" policy, under which Hong Kong will 
retain its current lifestyle and legal, social, and economic 
systems until at least the year 2047. 
(D) The legislature of the Hong Kong Special Adminis-
trative Region will be constituted by elections, and the 
provisions of the International Covenant on Civil and Politi-
cal Rights and the International Covenant on Economic, 
Social and Cultural Rights, as applied to Hong Kong, shall 
remain in force. 
(E) Provision is made for the continuation in force 
of agreements implemented as of June 30, 1997, and for 
the ability of the Hong Kong Special Administrative Region 
to conclude new agreements either on its own or with 
the assistance of the Government of the People's Republic 
of China. 
(2) The Congress declares its wish to see full implementa-
tion of the provisions of the Joint Declaration. 
(3) The President has announced his support for the policies 
and decisions reflected in the Joint Declaration. 
(4) Hong Kong plays an important role in today's regional 
and world economy. This role is reflected in strong economic, 
cultural, and other ties with the United States that give the 
United States a strong interest in the continued vitality, 
prosperity, and stability of Hong Kong. 
PUBLIC LAW 102-383—OCT. 5, 1992 
106 STAT. 1449 
(5) Support for democratization is a fundamental principle 
of United States foreign policy. As such, it naturally applies 
to United States policy toward Hong Kong. This will remain 
equally true after June 30, 1997. 
(6) The human rights of the people of Hong Kong are 
of great importance to the United States and are directly rel-
evant to United States interests in Hong Kong. A fully success-
ful transition in the exercise of sovereignty over Hong Kong 
must safeguard human rights in and of themselves. Human 
rights also serve as a basis for Hong Kong's continued economic 
prosperity. 
SEC. 3. DEFINITIONS. 
22 USC 5702. 
For purposes of this Act— 
(1) the term "Hong Kong" means, prior to July 1, 1997, 
the British Dependent Territory of Hong Kong, and on and 
after July 1, 1997, the Hong Kong Special Administrative 
Region of the People's Republic of China; 
(2) the term "Joint Declaration" means the Joint Dec-
laration of the Government of the United ICingdom of Great 
Britain and Northern Ireland and the Government of the Peo-
ple's Republic of China on the Question of Hong Kong, done 
at Beijing on December 19, 1984; and 
(3) the term "laws of the United States" means provisions 
of law enacted by the Congress. 
TITLE I—POLICY 
SEC. 101. BILATERAL TIES BETWEEN THE UNITED STATES AND HONG 
22 USC 5711. 
KONG. 
It is the sense of the Congress that the following, which are 
based in part on the relevant provisions of the Joint Declaration, 
should be the policy of the United States with respect to its bilateral 
relationship with Hong Kong: 
(1) The United States should play an active role, before, 
on, and after July 1, 1997, in maintaining Hong Kong's con-
fidence and prosperity. Hong Kong's role as an international 
financial center, and the mutually beneficial ties between the 
people of the United States and the people of Hong Kong. 
(2) The United States should actively seek to establish 
and expand direct bilateral ties and agreements with Hong 
Kong in economic, trade, financial, monetary, aviation, ship-
ping, communications, tourism, cultural, sport, and other appro-
priate areas. 
(3) The United States should seek to maintain, after June 
30, 1997, the United States consulate-general in Hong Kong, 
together with other official and semi-official organizations, such 
as the United States Information Agency American Library. 
(4) The United States should invite Hong Kong to maintain, 
after June 30, 1997, its official and semi-official missions in 
the United States, such as the Hong Kong Economic & Trade 
Office, the Office of the Hong Kong Trade Development Council, 
and the Hong Kong Tourist Association. The United States 
should invite Hong Kong to open and maintain other official 
or semi-official missions to represent Hong Kong in those areas 
in which Hong Kong is entitled to maintain relations on its 
106 STAT. 1450 
PUBLIC LAW 102-383—OCT. 5, 1992 
own, including economic, trade, financial, monetary, aviation, 
shipping, communications, tourism, cultural, and sport areas. 
(5) The United States should recognize passports and travel 
documents issued after June 30, 1997, by the Hong Kong Spe-
cial Administrative Region. 
(6) The resumption by the People's Republic of China of 
the exercise of sovereignty over Hong Kong after June 30, 
1997, should not affect treatment of Hong Kong residents who 
apply for visas to visit or reside permanently in the United 
States, so long as such treatment is consistent with the 
Immigration and Nationality Act. 
22 use 5712. 
SEC. 102. PARTICIPATION 
IN 
MULTILATERAL 
ORGANIZATIONS, 
RIGHTS UNDER INTERNATIONAL AGREEMENTS, AND 
TRADE STATUS. 
It is the sense of the Congress that the following, which are 
based in part on the relevant provisions of the Joint Declaration, 
should be the policy of the United States with respect to Hong 
Kong after June 30,1997: 
(1) The United States should support Hong Kong's partici-
pation in all appropriate multilateral conferences, agreements, 
and organizations in which Hong Kong is eligible to participate. 
(2) The United States should continue to fulfill its obliga-
tions to Hong Kong under international agreements, so long 
as Hong Kong reciprocates, regardless of whether the People's 
Republic of China is a party to the particular international 
agreement, unless and until such obligations are modified or 
terminated in accordance with law. 
(3) The United States should respect Hong Kong's status 
as a separate customs territory, and as a contracting party 
to the General Agreement on Tariffs and Trade, whether or 
not the People's Republic of China participates in the latter 
organization. 
22 use 5713. 
SEC. 103. COMMERCE BETWEEN THE UNITED STATES AND HONG 
KONG. 
It is the sense of the Congress that the following, which are 
based in part on the relevant provisions of the Joint Declaration, 
are and should continue £ifter June 30, 1997, to be the policy 
of the United States with respect to commerce between the United 
States and Hong Kong: 
(1) The United States should seek to maintain and expand 
economic and trade relations with Hong Kong and should con-
tinue to treat Hong Kong as a separate territory in economic 
and trade matters, such as import quotas and certificates of 
origin. 
(2) The United States should continue to negotiate directly 
with Hong Kong to conclude bilateral economic agreements. 
(3) The United States should continue to treat Hong Kong 
as a territory which is fully autonomous from the United King-
dom and, after June 30, 1997, should treat Hon^ Kong as 
a territory which is fully autonomous from the People^s Republic 
of China with respect to economic and trade matters. 
(4) The United States should continue to grant the products 
of Hong Kong nondiscriminatory trade treatment (commonly 
referred to as "most-favored-nation status") by virtue of Hong 
Kong's membership in the (Jeneral Agreement on Tariffs and 
Trade. 
PUBLIC LAW 102-383—OCT. 5, 1992 
106 STAT. 1451 
(5) The United States should recognize certificates of origin 
for manufactured goods issued by the Hong Kong Special 
Administrative Region. 
(6) The United States should continue to allow the United 
States dollar to be freely exchanged with the Hong Kong dollar. 
(7) United States businesses should be encouraged to con-
tinue to operate in Hong Kong, in accordance with applicable 
United States and Hong Kong law. 
(8) The United States shoiild continue to support access 
by Hong Kong to sensitive technologies controlled under the 
agreement of the Coordinating Committee for Multilateral 
Export Controls (commonly referred to as "COCOM") for so 
long as the United States is satisfied that such technologies 
are protected from improper use or export. 
(9) The United States should encourage Hong Kong to 
continue its efforts to develop a framework which provides 
adequate protection for intellectual property rights. 
(10) The United States should negotiate a bilateral invest-
ment treaty directly with Hong Kong, in consultation with 
the Government of the People's Republic of China. 
(11) The change in the exercise of sovereignty over Hong 
Kong should not aSed 
ownership in any property, tangible 
or intangible, held in the United States by any Hong Kong 
person. 
SEC. 104. TRANSPORTATION. 
22 USC 5714. 
It is the sense of the Congress that the following, which are 
based in part on the relevant provisions of the Joint Declaration, 
should be the policy of the United States after June 30, 1997, 
with respect to transportation from Hong Kong: 
(1) Recognizing Hong Kong's position as an international 
transport center, the United States should continue to recognize 
ships and airplanes registered in Hong Kong and should nego-
tiate air service agreements directly with Hong Kong. 
(2) The United States should continue to recognize ships 
registered by Hong Kong. 
(3) United States commercial ships, in accordance with 
applicable United States and Hong Kong law, should remain 
free to port in Hong Kong. 
(4) The United States should continue to recognize air-
planes registered by Hong Kong in accordance with applicable 
laws of the People's Republic of China. 
(5) The United States should recognize licenses issued by 
the Hong Kong to Hong Kong airlines. 
(6) The United States should recognize certificates issued 
by the Hong Kong to United States air carriers for air service 
involving travel to, from, or through Hong Kong which does 
not involve travel to, from, or through other parts of the People's 
Republic of China. 
(7) The United States should negotiate at the appropriate 
time directly with the Hong Kong Special Administrative 
Region, acting imder authorization from the Government of 
the People's Republic of China, to renew or amend all air 
service agreements existing on June 30, 1997, and to conclude 
new air service agreements affecting all flights to, from, or 
through the Hong Kong Special Administrative Region which 
106 STAT. 1452 
PUBLIC LAW 102-383—OCT. 5,1992 
do not involve travel to, from, or through other parts of the 
People's Republic of China. 
(8) The United States should make every effort to ensure 
that the negotiations described in paragraph (7) lead to pro-
competitive air service agreements. 
22 use 5715. 
SEC. 105. CULTURAL AND EDUCATIONAL EXCHANGES. 
It is the sense of the Congress that the following, which are 
based in part on the relevant provisions of the Joint Declaration, 
are and should continue after June 30, 1997, to be the policy 
of the United States with respect to cultural and educational 
exchanges with Hong Kong: 
(1) The United States should seek to maintain and expand 
United States-Hong Kong relations and exchanges in culture, 
education, science, and academic research. The United States 
should encourage American participation in bilateral exchanges 
with Hong Kong, both official and unofficisd. 
(2) The United States should actively seek to further United 
States-Hong Kong cultural relations and promote bilateral 
exchanges, including the negotiating and concluding of appro-
priate agreements in these matters. 
(3) Hong Kong should be accorded separate status as a 
full partner under the Fulbright Academic Exchange Program 
(apart from the United Kingdom before July 1, 1997, and apart 
from the People's Republic of China thereafter), with the con-
tinuation or establishment of a Fulbright Commission or func-
tionally equivalent mechanism. 
(4) The United States should actively encourage Hong Kong 
residents to visit the United States on nonimmigrant visas 
for such purposes as business, tourism, education, and scientific 
and academic research, in accordance with appUcable United 
States and Hong Kong laws. 
(5) Upon the request of the Legislative Council of Hong 
Kong, the Librarian of Congress, acting through the Congres-
sional Research Service, should seek to expand educationeQ 
and informational ties with the Coimicil. 
TITLE II—THE STATUS OF HONG KONG 
IN UNITED STATES LAW 
22 use 5721. 
SEC. 201. CONTINUED APPUCATION OF UNITED STATES LAW. 
(a) IN GENERAL.—^Notwithstanding any change in the exercise 
of sovereignty over Hong Kong, the laws of the United States 
shall continue to apply with respect to Hong Kong, on and after 
July 1, 1997, in the same manner as the laws of the United 
States were appUed with respect to Hong Kong before such date 
imless otherwise expressly provided by law or by Executive order 
under section 202. 
(b) INTERNATIONAL AGREEMENTS.—^For all purposes, including 
actions in any court in the United States, the Congress approves 
the continuation in force on and after July 1, 1997, of all treaties 
and other international agreements, including multilateral conven-
tions, entered into before such date between the United States 
and Hong Kong, or entered into before such date between the 
United States and the United Kingdom and appHed to Hong Kong, 
Reports. 
unless or until terminated in accordance with law. If in carrying 
PUBLIC LAW 102-383—OCT. 5, 1992 
106 STAT. 1453 
out this title, the President determines that Hong Kong is not 
legally competent to carry out its obligations under any such treaty 
or other international agreement, or that the continuation of Hong 
Kong's obligations or rights under any such treaty or other inter-
national agreement is not appropriate under the circumstances, 
such determination shall be reported to the Congress in accordance 
with section 301. 
SEC. 202. PRESIDENTIAL ORDER. 
(a) PRESIDENTIAL DETERMINATION.—On or after July 1, 1997, 
whenever the President determines that Hong Kong is not suffi-
ciently 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, the President may issue 
an Executive order suspending the application of section 201(a) 
to such law or provision of law. 
(b) FACTOR FOR CONSIDERATION.—In making a determination 
under subsection (a) with respect to the application of a law of 
the United States, or any provision thereof, to Hong Kong, the 
President should consider the terms, obligations, and expectations 
expressed in the Joint Declaration with respect to Hong Kong. 
(c) PUBLICATION IN FEDERAL REGISTER.—^Any Executive order 
issued under subsection (a) shall be published in the Federal Reg-
ister and shall specify the law or provision of law affected by 
the order. 
(d) TERMINATION OF SUSPENSION.—An Executive order issued 
under subsection (a) may be terminated by the President with 
respect to a particular law or provision of law whenever the Presi-
dent determines that Hong Kong has regained sufficient autonomy 
to justify different treatment under the law or provision of law 
in question. Notice of any such termination shall be published 
in the Federal Register. 
SEC. 203. RULES AND REGULATIONS. 
The President is authorized to prescribe such rules and regula-
tions as the President may deem appropriate to carry out this 
Act. 
SEC. 204. CONSULTATION WITH CONGRESS. 
In canying out this title, the President shall consult appro-
priately with the Congress. 
TITLE III—REPORTING PROVISIONS 
22 u s e 5722. 
Federal 
R^^ister, 
publication. 
22 u s e 5723. 
22 use 5724. 
President. 
SEC. 301. REPORTING REQUIREMENT. 
Not later than March 31, 1993, March 31, 1995, March 31, 
1997, March 31, 1998, March 31, 1999, and March 31, 2000, the 
Secretary of State shall transmit to the Speaker of the House 
of Representatives and the chairman of the Committee on Foreign 
Relations of the Senate a report on conditions in Hong Kong of 
interest to the United States. This report shall cover (in the case 
of the initial report) the period since the date of enactment of 
this Act or (in the case of subsequent reports) the period since 
the most recent report pursuant to this section and shall describe— 
(1) significant developments in United States relations with 
Hong Kong, including a description of agreements that have 
entered into force between the United States and Hong Kong; 
22 u s e 5731. 
106 STAT. 1454 
PUBLIC LAW 102-383—OCT. 5,1992 
(2) other matters, including developments related to the 
change in the exercise of sovereignty over Hong Kong, affecting 
United States interests in Hong Kong or United States relations 
with Hong Kong; 
(3) the nature and extent of United States-Hong Kong 
cultural, education, scientific, and academic exchanges, hoth 
official and unofficial; 
(4) the laws of the United States with respect to which 
the application of section 201(a) has been suspended pursuant 
to section 202(a) or with respect to which such a suspension 
has been terminated pursuant to section 202(d), and the reasons 
for the suspension or termination, as the case may be; 
(5) treaties and other international agreements with respect 
to which the President has made a determination described 
in the last sentence of section 201(b), and the reasons for 
each such determination; 
(6) significant problems in cooperation between Hong Kong 
and the United States in the area of export controls; 
(7) the development of democratic institutions in Hong 
Kong; and 
(8) the nature and extent of Hong Kong's participation 
in multilateral forums. 
22 u s e 5732. 
SEC. 302. SEPARATE PART OF COUNTRY REPORTS. 
Whenever a report is transmitted to the Congress on a country-
by-country basis there shall be included in such report, where 
applicable, a separate subreport on Hong Kong under the heading 
of the state that exercises sovereignty over Hong Kong. The reports 
to which this section applies include the reports transmitted 
under— 
(1) sections 116(d) and 502B(b) of the Foreign Assistance 
Act of 1961 (relating to human rights); 
(2) section 181 of the Trade Act of 1974 (relating to trade 
(3) section 2202 of the Export Enhancement Act of 1988 
(relating to economic policy and trade practices). 
Approved October 5, 1992. 
LEGISLATIVE HISTORY—S. 1731: 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
May 21, considered and passed Senate. 
Aug. 11, considered and passed Hotise, amended. 
Sept. 17, Senate concurred in House amendments.