[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1086 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1086

 To support the autonomous governance of Hong Kong after its reversion 
                   to the People's Republic of China.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 1997

   Mr. Helms introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To support the autonomous governance of Hong Kong after its reversion 
                   to the People's Republic of China.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hong Kong Reversion Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to support the autonomous governance of Hong Kong and 
        the future well-being of the Hong Kong people by ensuring the 
        continuity of United States laws with respect to Hong Kong 
        after its reversion to the People's Republic of China on July 
        1, 1997; and
            (2) to outline circumstances under which the President of 
        the United States could modify the application of United States 
        laws with respect to Hong Kong if the People's Republic of 
        China fails to honor its commitment to give the Special 
        Administrative Region of Hong Kong a high degree of autonomy.

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 Republic of China on the Question of 
        Hong Kong, done at Beijing on December 19, 1984, is a binding 
        international agreement that sets forth the commitments made by 
        both governments on the reversion of Hong Kong to the People's 
        Republic of China on July 1, 1997.
            (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 Administrative 
        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 guaranteeing the autonomous governance of Hong 
        Kong, several official acts and statements by senior officials 
        of the Government of the People's Republic of China reflect an 
        attempt to infringe upon the current and future levels of 
        autonomy in Hong Kong. These acts or statements include--
                    (A) initial proposals, which were later withdrawn, 
                by officials of the Government of the People's Republic 
                of China to obtain confidential 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 provisional legislature in December of 
                1996;
                    (C) the delineation by officials concerning the 
                types of speech and association that will be permitted 
                by the Government of the People's Republic of China 
                after the reversion;
                    (D) initial warnings, which were later withdrawn, 
                to religious institutions not to hold certain 
                gatherings after the reversion; and
                    (E) the decision on February 23, 1997, of the 
                Standing Committee of the National People's Congress of 
                the People's Republic of China to repeal or amend 
                certain Hong Kong ordinances, including the Bill of 
                Rights Ordinance, the Societies Ordinance of 1992 
                (relating to freedom of association), and the Public 
                Order Ordinance of 1995 (relating to freedom of 
                assembly).
            (5) Despite commitments in the Joint Declaration 
        guaranteeing the autonomous governance of Hong Kong, several 
        official acts of the Government of the United Kingdom have 
        damaged prospects for the future autonomy of Hong Kong. These 
        acts include--
                    (A) the conclusion of an agreement on the Court of 
                Final Appeal, which violates the Joint Declaration; and
                    (B) a 1990 agreement with the People's Republic of 
                China to limit the number of democratically-elected 
                seats in the Legislative Council to one-third the 
                number of seats in the Council, which violates the 
                Joint Declaration.
            (6) The reversion of Hong Kong to the People's Republic of 
        China has important implications for both United States 
        national interests and the interests of the Hong Kong people. 
        The United States Government has a responsibility to ensure 
        that United States interests are protected during and after 
        this transition, and it has a profound interest in ensuring 
        that basic and fundamental human rights of the Hong Kong people 
        are also protected.
            (7) The United States-Hong Kong Policy Act of 1992 (Public 
        Law 102-383; 22 U.S.C. 5701 et seq.) 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. The 
        Act ensures the continuity of United States laws regarding Hong 
        Kong while establishing a mechanism in section 202 of that Act 
        (22 U.S.C. 5722) whereby the President can modify the 
        application of United States laws with respect to Hong Kong if 
        the President ``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''. In making this 
        determination, the President shall consider ``the terms, 
        obligations, and expectations expressed in the Joint 
        Declaration''.
            (8) One of the principal purposes of Congress in enacting 
        the United States-Hong Kong Policy Act of 1992 was to maintain 
        Hong Kong's autonomy by ensuring that the United States will 
        continue 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 autonomy, unless the President makes a determination 
        under section 202 of that Act.
            (9) The United States-Hong Kong Policy Act of 1992 requires 
        the Secretary of State to evaluate the implementation of the 
        Joint Declaration.
            (10) Ultimately, the future of Hong Kong will be determined 
        by the willingness of the Government of the People's Republic 
        of China to respect its commitments in the Joint Declaration to 
        maintain the freedoms now enjoyed by the people of Hong Kong 
        and to rely on the people of Hong Kong to govern themselves.

SEC. 4. CONGRESSIONAL DECLARATIONS.

    Congress makes the following declarations:
            (1) Recognizing that the United States Government and the 
        Hong Kong Government have long enjoyed a close and beneficial 
        working relationship, for example, between the United States 
        Customs Service, the Federal Bureau of Investigation, the Drug 
        Enforcement Administration, the Immigration and Naturalization 
        Service, the Secret Service, and their corresponding agencies 
        of the Hong Kong Government, the United States urges the two 
        governments to continue 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 customs 
territory.
            (3) Recognizing that Hong Kong has historically 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 robust and 
        professional free press with important guarantees on the 
        freedom of information, the United States declares that a free 
        press and access to information are fundamentally important to 
        the economic 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 provisional legislature is not a 
        representative body and that its proposed election law is 
        designed to disadvantage the most popular political party and 
        political figures in Hong Kong, Congress declares that 
        elections for the Special Administrative Region legislature 
        should be conducted in accordance with laws drafted and 
        approved by the Hong Kong people or their democratically-
        elected representatives.
            (6) Recognizing that the Joint Declaration requires that 
        the Special Administrative Region legislature ``shall be 
        constituted by elections'', the United States declares that the 
        failure to have an elected legislature would be a violation of 
        the Joint Declaration and calls upon the Government of the 
        People's Republic of China to honor its treaty obligations.
            (7) Recognizing that the Hong Kong people have long enjoyed 
        essential rights and freedoms as enumerated in the Universal 
        Declaration of Human Rights, the United States--
                    (A) declares that the Bill of Rights Ordinance is 
                consistent with the Joint Declaration and that 
                strengthening controls on the freedom to associate or 
                assemble is a serious threat to the basic freedoms of 
                the Hong Kong people; and
                    (B) calls upon the People's Republic of China, the 
                National People's Congress, and any groups appointed by 
                the Government of the People's Republic of China to 
                leave all revisions of Hong Kong law to a 
                democratically-elected legislature.
            (8) Recognizing that under the terms of the Joint 
        Declaration the provisions of the International Covenant on 
        Civil and Political Rights will continue to apply in Hong Kong, 
        the United States--
                    (A) welcomes the public statement by the Chief 
                Executive-designate of Hong Kong that the legislation 
                that will replace repealed or amended sections of the 
                Societies Ordinance and Public Order Ordinance will be 
                the subject of public consultation; and
                    (B) urges that the new legislation should reflect 
                both the wishes of the people of Hong Kong, as clearly 
                expressed through their democratically-elected 
                representatives, and the provisions of the 
                International Covenant on Civil and Political Rights.
            (9) 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 without corruption and with minimum 
        and transparent 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 Commission Against Corruption.

SEC. 5. PRESIDENTIAL DETERMINATION UNDER SECTION 202 OF THE UNITED 
              STATES-HONG KONG POLICY ACT OF 1992 AND ADDITIONAL 
              REPORTING 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 provision thereof, different from that 
accorded the People's Republic of China, as required by section 202(a) 
of the United States-Hong Kong Policy Act of 1992 (Public Law 102-383; 
22 U.S.C. 5722(a)), the President, 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 (22 U.S.C. 5731), shall 
consider the performance of the Hong Kong Government and the actions of 
the Government of the People's Republic of China.
    (b) Requirements for Reports to Congress.--The Secretary of State 
shall include, in each report required by section 301 of the United 
States-Hong Kong Policy Act of 1992, the following:
            (1) Existence of freely elected legislature.--An assessment 
        by the Secretary whether the Hong Kong people have a 
        legislature that is fairly and freely elected, which the 
        Secretary shall determine by taking into account the following:
                    (A) Whether the Hong Kong people are able to 
                participate fully in elections as candidates and voters 
                without any political restrictions or infringements on 
                their basic rights of speech, assembly, and 
                association.
                    (B) Whether the Hong Kong electoral system is 
                designed to disadvantage any party or individuals.
            (2) Successful and timely conclusion of agreements and 
        treaties.--An assessment by the Secretary 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 comparable to that provided 
                for in the consular convention between the United 
                States and the People'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.
            (3) Continued cooperation from the agencies of the hong 
        kong government.--An assessment by the Secretary whether 
        agencies of the Hong Kong Government continue to cooperate with 
        United States Government agencies. The Secretary shall cite in 
        the report any evidence of diminished cooperation in the areas 
        of customs enforcement, drug interdiction, and prosecution and 
        prevention of money laundering, counterfeiting, credit card 
        fraud, and organized crime.
            (4) Preservation of good governance and rule of law in hong 
        kong.--An assessment by the Secretary whether the Hong Kong 
        Government remains autonomous and relatively free of corruption 
        and whether the rule of law is respected in Hong Kong. The 
        Secretary shall cite in the report any--
                    (A) efforts to annul or curtail the application of 
                the Bill of Rights of Hong Kong;
                    (B) efforts to prosecute for violations of, or 
                broaden the application of, laws against treason, 
                secession, sedition, and subversion;
                    (C) acts or threats against nonviolent civil 
                disobedience;
                    (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.
            (5) Preservation of the autonomy of the customs territory 
        of hong kong.--An assessment by the Secretary whether the 
        customs territory of Hong Kong is administered in an autonomous 
        manner. The Secretary 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 United States to Hong Kong;
                    (D) unprecedented diversion of Chinese exports 
                through Hong Kong in order to attain preferential 
                treatment in United States markets; and
                    (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. PROHIBITION ON USE OF FUNDS FOR PARTICIPATION OF HONG KONG 
              PROVISIONAL LEGISLATURE IN CERTAIN UNITED STATES 
              INFORMATION AGENCY PROGRAMS.

    (a) Prohibition.--Notwithstanding any other provision of law, no 
funds appropriated or otherwise made available for the United States 
Information Agency may be used for purposes of the participation of any 
member of the Hong Kong provisional legislature in any academic, 
professional, or cultural program of the United States Information 
Agency, including any international visitors program, any citizens 
exchange program, and any scholarship or fellowship associated with any 
such program.
    (b) Hong Kong Provisional Legislature Defined.--In subsection (a), 
the term ``Hong Kong provisional legislature'' means the body appointed 
on December 21, 1996, in Shenzen, China, to replace the Hong Kong 
Legislative Council that was elected in 1995.

SEC. 7. DEFINITION.

    In this Act, the term ``Joint Declaration'' means Joint Declaration 
of the Government of the United Kingdom of Great Britain and Northern 
Ireland and the Government of the People's Republic of China on the 
Question of Hong Kong, done at Beijing on December 19, 1984.
                                 <all>