[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1033 Introduced in House (IH)]

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116th CONGRESS
  2d Session
H. RES. 1033

Condemning acts by the People's Republic of China and the Government of 
 the Hong Kong Special Administrative Region that violate fundamental 
    rights and freedoms of Hong Kong residents as well as acts that 
             undermine Hong Kong's high degree of autonomy.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2020

 Mr. Engel (for himself, Mr. McCaul, Mr. McGovern, Mr. Bera, Mr. Yoho, 
   and Mr. Malinowski) submitted the following resolution; which was 
              referred to the Committee on Foreign Affairs

_______________________________________________________________________

                               RESOLUTION


 
Condemning acts by the People's Republic of China and the Government of 
 the Hong Kong Special Administrative Region that violate fundamental 
    rights and freedoms of Hong Kong residents as well as acts that 
             undermine Hong Kong's high degree of autonomy.

Whereas the Government of the People's Republic of China is legally bound to 
        guarantee the civil liberties of the people of Hong Kong through 2047 
        under the Basic Law and 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'' 
        (hereafter the ``Joint Declaration''), in which the People's Republic of 
        China committed that for 50 years, the ``social and economic systems in 
        Hong Kong will remain unchanged, and so will the life-style.'';
Whereas Article 39 of the Basic Law of Hong Kong mandates that: ``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 Chapter III of the Basic Law of Hong Kong guarantees Hong Kong residents 
        other specific rights and freedoms, including--

    (1) freedom of speech, of the press, and of publication;

    (2) freedom of association, of assembly, of procession, and of 
demonstration;

    (3) the right and freedom to form and join trade unions and to strike;

    (4) freedom from arbitrary or unlawful arrest, detention, or 
imprisonment;

    (5) freedom from arbitrary or unlawful search of, or intrusion into, a 
Hong Kong resident's home or other premises;

    (6) freedom and privacy of communication;

    (7) freedom of movement within the Hong Kong Special Administrative 
Region;

    (8) freedom of emigration to other countries and regions;

    (9) freedom of conscience; and

    (10) the right to institute legal proceedings in the courts against the 
acts of the executive authorities and their personnel;

Whereas the Standing Committee of the National People's Congress of the People's 
        Republic of China has inserted a national security law directly into 
        Annex III of the Basic Law of Hong Kong, and said national security law 
        is purportedly intended to prevent and punish acts of ``separating the 
        country, subverting state power, and organizing terroristic 
        activities'';
Whereas said action is a flagrant violation of Hong Kong's autonomy and rule of 
        law in that Article 18 of the Basic Law provides that laws included in 
        Annex III are ``confined to those relating to defense and foreign 
        affairs as well as other matters outside the limits of the autonomy of 
        the Region as specified by this Law'';
Whereas Article 23 further specifies that ``[Hong Kong] shall enact laws on its 
        own to prohibit any act of treason, secession, sedition, subversion 
        against the Central People's Government'';
Whereas through a similar abuse of Annex III of the Basic Law of Hong Kong, the 
        Government of the People's Republic of China caused the adoption of the 
        National Anthem Law in Hong Kong, which curtails the freedom of speech 
        and carries a maximum sentence of 3 years, mirroring the extent of 
        sentence under the People's Republic of China Criminal Law;
Whereas the Chinese Government's repeated and heavy-handed actions to undermine 
        the rule of law in Hong Kong and Hong Kong's high degree of autonomy 
        will only further escalate the ongoing protests, jeopardizing Hong 
        Kong's future as an open and prosperous international city; and
Whereas the imposition of this national security legislation, which undermines 
        the established rights and freedoms of Hong Kong residents provided in 
        the Joint Declaration and the Basic Law, would constitute a violation of 
        commitments made by the People's Republic of China under international 
        law: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) underscores that democratic societies around the world 
        stand in solidarity with the people of Hong Kong, who face 
        grave threats to their inviolable rights and freedoms;
            (2) condemns the action by the People's Republic of China's 
        National People's Congress to advance national security 
        legislation for Hong Kong through irregular procedures, which 
        would constitute a violation of the letter and spirit of the 
        Basic Law and the Joint Declaration;
            (3) asserts that such actions by the People's Republic of 
        China undermine the credibility of the People's Republic of 
        China within the international community, including the 
        People's Republic of China's credibility in honoring its 
        commitments to international agreements and respecting 
        internationally recognized human rights;
            (4) urges the People's Republic of China and the Hong Kong 
        Government to refrain from implementation of this law or taking 
        any action that abridges or curtails, in whole or in part, the 
        rights of Hong Kong residents as established by the Joint 
        Declaration and Basic Law; and
            (5) advises the President, the Secretary of State, and the 
        Secretary of the Treasury to coordinate with allies and 
        partners to respond to developments in Hong Kong, including 
        by--
                    (A) appointing a United Nations Special Envoy for 
                Hong Kong;
                    (B) expanding the mandate of the United Nations 
                Special Rapporteur to improve monitoring and reporting 
                on People's Republic of China's policies in Hong Kong;
                    (C) providing Hong Kong residents who face well-
                founded fears of persecution an opportunity to emigrate 
                from, or not be compelled to return to, Hong Kong;
                    (D) introducing other measures to urge the People's 
                Republic of China to refrain from promulgating national 
                security legislation in Hong Kong which contravenes the 
                Joint Declaration and the Basic Law; and
                    (E) establishing other measures, including economic 
                sanctions, to hold the People's Republic of China 
                accountable for contravention of international law and 
                human rights norms with respect to Hong Kong.
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