[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 38 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
S. CON. RES. 38

  To state the sense of the Congress regarding the obligations of the 
 People's Republic of China under the Joint Declaration and the Basic 
 Law to ensure that Hong Kong remains autonomous, the human rights of 
  the people of Hong Kong remain protected, and the government of the 
                Hong Kong SAR is elected democratically.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 10, 1997

   Mr. Roth submitted the following concurrent resolution; which was 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
  To state the sense of the Congress regarding the obligations of the 
 People's Republic of China under the Joint Declaration and the Basic 
 Law to ensure that Hong Kong remains autonomous, the human rights of 
  the people of Hong Kong remain protected, and the government of the 
                Hong Kong SAR is elected democratically.

Whereas China resumed sovereignty over Hong Kong on July 1, 1997;
Whereas, in the Joint Declaration of the United Kingdom and the People's 
        Republic of China, a legally binding document in all its parts and the 
        highest form of commitment between sovereign states, the People's 
        Republic of China pledged that after its resumption of sovereignty over 
        Hong Kong, ``The current social and economic systems in Hong Kong will 
        remain unchanged, and so will the life-style. Rights and freedoms, 
        including those of the person, of speech, of the press, of association, 
        of travel, of movement, of correspondence, of strike, of choice of 
        occupation, of academic research and religious belief will be ensured by 
        law in the Hong Kong Special Administrative Region'';
Whereas the People's Republic of China further pledged in the Joint Declaration 
        that the policies of the ``... Joint Declaration will be stipulated in a 
        Basic Law of the Hong Kong Special Administrative Region of the People's 
        Republic of China, by the National People's Congress of the People's 
        Republic of China, and they will remain unchanged for 50 years'';
Whereas the Basic Law of the Hong Kong Special Administrative Region of the 
        People's Republic of China, as adopted on April 4, 1990 by the Seventh 
        National People's Congress of the People's Republic of China, prescribes 
        the systems to be practiced in the Hong Kong Special Administrative 
        Region after China's resumption of sovereignty;
Whereas, according to Article 2 of the Basic Law, ``The National People's 
        Congress authorizes the Hong Kong Special Administrative Region to 
        exercise a high degree of autonomy and enjoy executive, legislative and 
        independent judicial power, including that of final adjudication'';
Whereas, according to Article 5 of the Basic Law, ``The socialist system and 
        policies (of the People's Republic of China) shall not be practiced in 
        the Hong Kong Special Administrative Region, and the previous capitalist 
        system and way of life shall remain unchanged for 50 years'';
Whereas, according to Article 27 of the Basic Law, ``Hong Kong residents shall 
        have freedom of speech, of the press and publication; freedom of 
        association, of assembly, of procession and of demonstration; and the 
        right and freedom to form and join trade unions, and to strike'';
Whereas, according to Article 32 of the Basic Law, ``Hong Kong residents shall 
        have freedom of religious belief and freedom to preach and to conduct 
        and participate in religious activities in public'';
Whereas, according to Article 34 of the Basic Law, ``Hong Kong residents shall 
        have freedom to engage in academic research, literary and artistic 
        creation, and other cultural activities'';
Whereas, according to Article 39 of the Basic Law, ``The provisions of the 
        International Covenant on Civil and Political Rights, the International 
        Covenant on Economic, Social and Cultural Rights, and international 
        labour conventions as applied to Hong Kong shall remain in force and 
        shall be implemented through the laws of the Hong Kong Special 
        Administrative Region'';
Whereas President Jiang Zemin of China, in his statement of July 1, 1997, at the 
        ceremony in Hong Kong marking the establishment of the Hong Kong Special 
        Administrative Region said, ``... Hong Kong will enjoy a high degree of 
        autonomy as provided for by the Basic Law, which includes the executive, 
        legislative and independent judicial power, including that of final 
        adjudication'';
Whereas President Jiang further said that the Hong Kong Special Administrative 
        Region has the ``ultimate aim of electing the Chief Executive and the 
        Legislative Council by universal suffrage'';
Whereas President Jiang further said that ``No central department or locality 
        (of the People's Republic of China) may or will be allowed to interfere 
        in the affairs which, under the Basic Law, should be administered by the 
        Hong Kong Special Administrative Region on its own'';
Whereas President Jiang further said that ``the provisions of the International 
        Covenant on Civil and Political Rights, the International Covenant on 
        Economic, Social and Cultural Rights, and international covenants as 
        applied to Hong Kong shall remain in force to be implemented through the 
        laws of Hong Kong's regional legislation'';
Whereas President Jiang further said that adherence to these principles ``serves 
        Hong Kong, serves the (People's Republic of China) and serves the entire 
        nation as well. Therefore there is no reason whatsoever to change them. 
        Here I want to reaffirm that `one country, two systems, Hong Kong 
        administering Hong Kong' and `a high degree of autonomy' will remain 
        unchanged for 50 years''; and
Whereas President Jiang, in another statement of July 1, 1997, at a rally in 
        Beijing marking the establishment of the Hong Kong Special 
        Administrative Region, said that the People's Republic of China ``will 
        unswervingly carry out the principles of `one country, two systems', 
        `Hong Kong people administering Hong Kong' and `high degree of 
        autonomy', and make sure that the previous socio-economic system and way 
        of life of Hong Kong remain unchanged and that laws previously in force 
        will remain basically unchanged. We will firmly support the Hong Kong 
        SAR in its exercise of the functions and powers bestowed on it by the 
        Basic Law and the Hong Kong SAR Government in its administration in 
        accordance with law.'': Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That--
            (1) President Jiang Zemin's statements constitute a welcome 
        reaffirmation of the obligations of the People's Republic of 
        China under the Joint Declaration and the Basic Law to ensure 
        that Hong Kong remains autonomous, the human rights of the 
        people of Hong Kong remain protected, and the government of the 
        Hong Kong SAR is elected democratically; and
            (2) China's fulfillment of these obligations under the 
        terms of the Joint Declaration of the United Kingdom and the 
        People's Republic of China and the Basic Law constitute a 
        crucial test of Beijing's ability to play a responsible global 
        role.
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