[Congressional Record Volume 143, Number 30 (Tuesday, March 11, 1997)]
[House]
[Pages H841-H846]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HONG KONG REVERSION ACT
Mr. BEREUTER. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 750) to support the autonomous governance of Hong Kong after
its reversion to the People's Republic of China, as amended.
The Clerk read as follows:
H.R. 750
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. STATEMENT OF PURPOSE.
The purpose of this Act is 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 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.
The 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 which 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 general assertions 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, but are not limited to--
(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 which 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) 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.
(6) The United States-Hong Kong Policy Act of 1992 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. It ensures the continuity of United States laws
regarding Hong Kong while establishing a mechanism in section
202 of that Act 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''.
(7) One of the principal purposes of the 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.
(8) Although the United States Government can have an
impact on ensuring the future autonomy of the Hong Kong
Government and in protecting the well-being of the Hong Kong
people, ultimately the future of Hong Kong will be determined
by the willingness of the Government of the People's Republic
of China 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.
The 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 first fully democratic elections
of a legislature in Hong Kong took place in 1995, following
nearly 150 years of colonial rule, the United States
recognizes that the Joint Declaration of 1984 requires that
the Special Administrative Region legislature ``shall be
constituted by
[[Page H842]]
elections'', declares that the failure to have an elected
legislature would be a violation of the Joint Declaration of
1984, and calls upon the Government of the People's Republic
of China to honor its treaty obligations.
(6) Recognizing that the United Kingdom belatedly reformed
Hong Kong laws with respect to the civil rights of the Hong
Kong people, the Hong Kong people have nevertheless long
enjoyed essential rights and freedoms as enumerated in the
Universal Declaration of Human Rights; therefore, the United
States declares that the decision of the National People's
Congress to repeal or amend certain ordinances is a serious
threat to the Hong Kong people's continued enjoyment of their
freedom of association, speech, and other essential human
rights, unless those rights are reestablished no later than
July 1, 1997, and calls upon the National People's Congress
to reconsider its decision.
(7) Recognizing that under the terms of the Joint
Declaration of 1984 the provisions of the International
Covenant on Civil and Political Rights will continue to apply
in Hong Kong, the United States welcomes the public statement
by the Chief Executive-designate of Hong Kong that the
legislation which will replace repealed or amended sections
of the Societies Ordinance and Public Order Ordinance will be
the subject of public consultation, and urges that the new
legislation should reflect both the clearly expressed wishes
of the people of Hong Kong and the provisions of the
International Covenant on Civil and Political Rights.
(8) 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, the President of the
United States, 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, 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) Successful and timely conclusion of agreements and
treaties.--An assessment by the Secretary of State of 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.
(2) Continued cooperation from the agencies of the hong
kong government.--An assessment by the Secretary of State of
whether agencies of the Hong Kong Government continue to
cooperate with United States Government agencies. The
Secretary of State 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.
(3) Preservation of good governance and rule of law in hong
kong.--An assessment by the Secretary of State of 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 of State 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.
(4) Preservation of the autonomy of the customs territory
of hong kong.--An assessment by the Secretary of State of
whether the customs territory of Hong Kong is administered in
an autonomous manner. The Secretary of State 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. EXTENSION OF CERTAIN PRIVILEGES, EXEMPTIONS, AND
IMMUNITIES TO HONG KONG ECONOMIC AND TRADE
OFFICES.
(a) Application of International Organizations Immunities
Act.--The provisions of the International Organizations
Immunities Act (22 U.S.C. 288 et seq.) may be extended to the
Hong Kong Economic and Trade Offices in the same manner, to
the same extent, and subject to the same conditions as such
provisions may be extended to a public international
organization in which the United States participates pursuant
to any treaty or under the authority of any Act of Congress
authorizing such participation or making an appropriation for
such participation.
(b) Application of International Agreement on Certain State
and Local Taxation.--The President is authorized to apply the
provisions of Article I of the Agreement on State and Local
Taxation of Foreign Employees of Public International
Organizations, done at Washington, D.C. on April 21, 1994, to
the Hong Kong Economic and Trade Offices.
(c) Definition.--The term ``Hong Kong Economic and Trade
Offices'' refers to Hong Kong's official economic and trade
missions in the United States.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Nebraska [Mr. Bereuter] and the gentleman from Alabama [Mr. Hilliard]
each will control 20 minutes.
The Chair recognizes the gentleman from Nebraska [Mr. Bereuter].
(Mr. BEREUTER asked and was given permission to revise and extend his
remarks.)
Mr. BEREUTER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the purpose of this legislation, H.R. 750, is to support
the autonomous governance of Hong Kong and the future well-being of the
Hong Kong people. This bipartisan legislation was introduced by this
Member on February 13, 1997, and unanimously approved last week by the
House Committee on International Relations. It has been approved for
consideration under the suspension calendar of course. That is why it
is here today.
This bipartisan bill has a long list of cosponsors, including as
original cosponsor the distinguished gentleman from New York [Mr.
Gilman], chairman of the Committee on International Relations, with a
long and distinguished record as a leader in promoting democracy and
human rights. His contributions and amendment have greatly strengthened
this legislation. In addition, both the distinguished gentleman from
Indiana [Mr. Hamilton], the ranking Democrat on the House Committee on
International Relations, and the distinguished gentleman from
California [Mr. Berman], the ranking Democrat on the Subcommittee on
Asia and the Pacific, are also original cosponsors. Other original
cosponsors include the distinguished gentleman from New York [Mr.
Solomon], the distinguished gentleman from Nebraska [Mr. Barrett], the
distinguished gentleman from California [Mr. Dreier], the distinguished
gentleman from American Samoa [Mr. Faleomavaega], the distinguished
gentleman from Arizona [Mr. Salmon], the distinguished gentleman from
California [Mr. Cox], and the distinguished gentleman from Arizona [Mr.
Kolbe]. Other distinguished Members have added their names
subsequently, including two gentleman we will hear from, the gentleman
from California [Mr. Campbell] and the gentleman from Illinois [Mr.
Porter].
Mr. Speaker, it is important that we consider and approve this
legislation quickly because in less than 5 months the British rule ends
and Hong Kong will become a special administrative region of China.
Nobody knows exactly what will happen in Hong Kong on that night or the
days, months and years thereafter.
This reversion is unprecedented in its complexity. Hong Kong, one of
the
[[Page H843]]
world's most efficient economies, will become part of an emerging giant
that has yet to integrate itself fully into the world economy and which
has only begun to experiment with democracy at the village level.
The United Kingdom and the People's Republic of China have largely
agreed on the basic rules for Hong Kong's reversion in the Sino-British
Joint Declaration of 1984. For its part China has agreed to grant Hong
Kong more autonomy, more autonomy than international law requires. In
Hong Kong's constitution, the Basic Law of 1989, the National People's
Congress unveiled a ``one country two systems'' arrangement for 50
years. During that time Hong Kong is supposed to enjoy a high degree of
autonomy except in the areas of foreign affairs and defense.
It is rumored that more than 7,000 journalists from around the world
will be on hand at midnight on June 30, 1997, to witness the official
handover. In large part the attention focused on Hong Kong by the
international press has been fueled by misguided efforts by the Chinese
Government to disband the current legislative council and replace it
with a provisional legislature, to alter civil rights protections in
Hong Kong, and to improperly influence the extremely efficient civil
service there. Clearly, these actions must not go unnoticed by the
international community and by the United States Government.
Therefore, today we are considering the Hong Kong Reversion Act, H.R.
750, to object to these troubling proposals and developments and to
express and act to protect the United States' national interests in
Hong Kong. Most importantly, this legislation is absolutely clear in
demanding that the People's Republic of China fully respect the
autonomy that it has promised Hong Kong in the Joint Declaration of
1984.
Despite the overwhelming attention to the important issues of the
legislative council and civil rights of Hong Kong, American foreign
policy makers must also be concerned about more mundane traditional and
transition issues which affect fundamental United States interests. For
example, negotiations are currently underway between the United States
and Hong Kong and the United States and China over a myriad of
technical issues, including an extradition treaty, a bilateral
investment treaty, consular functions and many more very important
issues. Moreover, we must be very careful to assure that Hong Kong
continues to honor U.S. export control laws and regulations after the
transition.
The Hong Kong Reversion Act will aid the Congress in examining all
the important issues in this complex transition by building on the Hong
Kong Policy Act of 1992. It requires assessments and reports by the
Secretary of State in very specific areas so the President can
knowledgeably determine under his existing authority whether to
maintain current U.S. relations with Hong Kong.
In light of these facts and the importance of this legislation, this
Member urges his colleagues to vote for the Hong Kong Reversion Act,
H.R. 750.
Mr. Speaker, I reserve the balance of my time.
Mr. HILLIARD. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of this bill, and I want to
commend the gentleman from Nebraska [Mr. Bereuter] for his leadership
in bringing the bill before this body.
It is no secret that many Members are concerned about what lies in
store for Hong Kong after China regains sovereignty on June 30 of this
year. This legislation is intended to alert the PRC to these concerns
and to put the leaders in Beijing on notice that the Members of
Congress care deeply about the well-being of the people of Hong Kong.
This is not meant as a threat but a statement of political reality.
If Americans come to believe that China is subverting the freedom Hong
Kong people currently enjoy, then it will be more difficult in
maintaining the public and congressional support for recent and decent
relations with China.
{time} 1600
If, on the other hand, the transition in Hong Kong goes smoothly and
the people of Hong Kong are permitted to retain their current freedoms,
then I am confident that the public and the Members of Congress will
continue to support a policy of engagement with China.
This bill is our way of saying to China, if you value your
relationship with the United States, then respect the rights and
liberties of the Hong Kong people. This bill also makes some useful
changes regarding the report on Hong Kong the Secretary of State
periodically submits to Congress and the legal arrangement that will
govern Hong Kong diplomatic representatives in the United States after
June 30.
The administration supports this bill. Indeed, the State Department
specifically asked for the authority granted in section 6 regarding
privileges and immunities. I support this bill, and I ask my colleagues
to do the same.
Mr. Speaker, I reserve the balance of my time.
Mr. BEREUTER. Mr. Speaker, I yield 5 minutes to the distinguished
gentleman from Illinois [Mr. Porter].
Mr. PORTER. Mr. Speaker, I rise today in strong support of H.R. 750,
the Hong Kong Reversion Act. As the House sponsor of the Hong Kong
Policy Act of 1992, I would like to commend my colleague, the gentleman
from Nebraska [Mr. Bereuter], for taking the lead in the final
preparations for the United States Government to legally accommodate
the reversion of Hong Kong to Chinese sovereignty.
This legislation is very important to the continuation of the goals
of the Hong Kong Policy Act, ensuring that Hong Kong retains its
special treatment as a place unique and separate from the mainland in
many ways, and that the laws of the United States reflect our desire to
maintain a distinct relationship with Hong Kong. Therefore, it has my
very strong support.
The return of Hong Kong, the world's freest economy, to the
jurisdiction of the People's Republic of China and the events leading
up to it will have a major impact on United States-China relations.
Whether this impact will be positive or negative remains to be seen.
What is clear is that the United States is well positioned to play a
role in securing a favorable outcome.
Members of the business community, both here and in Hong Kong, have,
by and large, remained optimistic that they will be able to continue to
operate in Hong Kong as they have in the past. This optimism stems from
the fact that the island's free market and legal institutions foster
economic growth and opportunity, and the maintaining of this atmosphere
is in China's best interest.
Given the dramatic opening of the mainland economy in recent years
and the benefits that have followed, I believe that the business
community is correct in thinking that China values the economic freedom
of Hong Kong and will try to preserve it.
Unfortunately, I am afraid that the Chinese Government does not fully
appreciate that preserving Hong Kong's market economy requires that
they also preserve personal liberty and the rule of law. It is clear
that the fate of United States interests in Hong Kong is inexorably
linked to the democrats, to the journalists, to the Chinese dissidents,
to the religious minorities and others whose rights will be threatened
if Hong Kong is governed with the same heavy hand as the mainland.
The United States must pursue a policy which respects the primacy of
the joint declaration as the document which governs the transition, a
policy which recognizes the peculiar tensions of our own relationship
with the awakening power of China, and the policy which clearly
enunciates the values of democracy, individual liberties, marketplace
opportunity, and the rule of law, and makes clear our intention to
standup for these values in Hong Kong.
This is a difficult task but not an impossible one. It is a task we
must accomplish if we are to preserve Hong Kong and the remarkable,
vibrant, exciting, and free place that it is today.
Mr. Speaker, the Hong Kong Reversion Act is a vital part of this
balancing act and will codify our concerns about the transition. By
giving the Hong Kong economic and trade office diplomatic privileges
and immunities separate from the People's Republic of China, we
reinforce the unique relationship we have with Hong Kong and our
expectation that we will work directly with the Hong Kong government on
matters of mutual concern. This is one of the most important elements
of this legislation.
[[Page H844]]
Further, this bill expresses our strong support for the autonomy and
independence of Hong Kong in the management of its own affairs. By
continuing to work directly with Hong Kong's law enforcement agencies,
maintain separate treaty obligations with Hong Kong and declare our
strong support for Hong Kong's institutions, the Congress will be a
forceful voice for a true, one-country, two-systems approach to Hong
Kong.
Finally, we must take every opportunity to send the strongest
possible message to Beijing that the future of Hong Kong is important
to the United States, not just for economic reasons, but for moral ones
as well. A free, stable, prosperous Hong Kong serves as a positive
example in a region where none of these qualities is the norm.
I hope and believe that Hong Kong can be a window on the future of
Asia, especially China. We should all work to ensure that Hong Kong
changes China more than China changes Hong Kong as a result of this
historic process. This bill is part of that work, and I wholeheartedly
commend it to my colleagues in the House.
Mr. HILLIARD. Mr. Speaker, I yield 2 minutes to the gentleman from
Michigan [Mr. Levin].
(Mr. LEVIN asked and was given permission to revise and extend his
remarks.)
Mr. LEVIN. Mr. Speaker, I appreciate the gentleman yielding me this
time.
I rise in support of the Hong Kong Reversion Act, which affirms
United States support for the autonomy of Hong Kong. When 21 other
House Members and I visited Hong Kong and China in January, we saw
firsthand the need for this legislation. Chinese Government
representatives assured us that they would pursue the one China, two
systems policy. The question was then and is now whether this means two
political as well as two economic systems, whether political freedom
will be preserved in Hong Kong alongside economic freedom.
We are concerned about this because of the intrinsic value of
political freedom itself, because political freedom enhances economic
freedom, and because, as shown by nations like Singapore, economic
freedom does not necessarily lead to political freedom.
That is why we told C.H. Tung, China's supported chief executive for
Hong Kong, that we were concerned about Beijing's decision to dissolve
the democratically elected legislative counsel of Hong Kong. I asked
Mr. Tung directly, ``Do you personally assure us that within a year
after July 1 there will be a democratically elected legislative body in
Hong Kong?'' He said ``yes.'' We should insist that Mr. Tung abide by
this promise to restore democracy next year.
Unfortunately, events since we left Hong Kong have pointed in a
different direction, restriction of the rights to speech, assembly, and
association. This bill makes clear the resolute expectation of the
House that two systems within one China should mean political as well
as economic freedom for Hong Kong. For in the end, the future of human
rights in Hong Kong will impact the future of human rights in mainland
China and indeed the future of human rights throughout the world.
Mr. BEREUTER. Mr. Speaker, I yield such time as he may consume to the
distinguished gentleman from California [Mr. Campbell], a member of the
committee.
(Mr. CAMPBELL asked and was given permission to revise and extend his
remarks.)
Mr. CAMPBELL. Mr. Speaker, I thank the gentleman for yielding me this
time and also for his generosity in accepting the amendments that I
offered in this process. I rise to make a matter of legislative history
what those amendments were and why I offered them, why I believe our
colleagues on the Committee on International Relations accepted them,
and why I hope today our colleagues on the floor of the House of
Representatives will vote in favor of them.
The first deals with section 5, clause b(4)(d), and in it we deal
with the provisions that the Secretary of State is to include in her
report regarding the compliance of the new autonomous region, with our
expectations, and I think the world's expectations, on economic
behavior. A different part of the bill deals with our expectations on
political behavior.
The committee added, at my suggestion, the following, ``That included
in that would be unprecedented diversion of Chinese exports through
Hong Kong in order to attain preferential treatment in United States
markets.'' The reason why I thought that was an important index of
behavior was just this, that China not be encouraged to use Hong Kong
as the means for having access to duty-free and preferential treatment
throughout the world without changing a bit the economy of the other
provinces of China, that Hong Kong is in a special tariff area and it
be preserved in that area, but it not be isolated with the price then
that the rest of China could continue in a less than free market
economy, but that, rather, having seen the benefits available,
particularly in the acceptance in the world economy for the special
tariff region of Hong Kong, that the rest of China would be encouraged
to do the same, and thereby also obtain access to the World Trade
Organization opportunities when those are available, as they are
presently available to Hong Kong, and other opportunities available
under American law.
So I am looking to see that China does not simply send its exports
more and more through Hong Kong, which would not have the beneficial
effect on the rest of the country, but rather the Hong Kong example
would be emulated in the rest of China.
Mr. Speaker, the other change the committee made at my suggestion is
in section 4, clause 6. In this we deal with a statement of what we are
hoping for with the new government. My colleague from Michigan referred
to a meeting with C.H. Tung, the likely new governor, and in that I
also had the privilege of meeting with him in August. I thought I would
put on the record that the Chinese sentiment is real, that the British
time in Hong Kong and the British particular dictating of terms in Hong
Kong was contrary to Chinese sovereignty during the entire time of the
occupation, that the taking of Hong Kong in the opium war was not a
high point, let us say, in human rights practiced by the United
Kingdom, and that whatever one might think about the validity of the
rules that the British offered during the last period of their
occupation of Hong Kong during the time, especially since the agreement
for the reversion of Hong Kong, that it was China's right to set these
rules; it was not by leave of Britain, it was China's right.
So I asked the change to be made, that we look to the reestablishment
of all of those rights which have now been taken away, particularly the
rights for assembly and for political activity, that were granted
during this period of time under the governorship of Chris Patten, but
had not been granted theretofore, that we look to see these restored,
but we see them restored when China retakes sovereignty over Hong Kong.
And so a simple change to refer to is that anticipation that this occur
no later than July 1, to give that at least symbolic and very
important, not simply symbolic day for China, to say that now that we
are sovereign again, we choose to establish guarantees of political
freedom and assembly, as the sovereign and in our own right, and not
simply because Britain had done so during its period of rule.
Those are the legislative historical reasons for these two
amendments. I thank my colleague for giving me the opportunity to
explain them.
Mr. BEREUTER. Mr. Speaker, I reserve the balance of my time.
Mr. HILLIARD. Mr. Speaker, I yield 2 minutes to the gentleman from
American Samoa [Mr. Faleomavaega].
Mr. FALEOMAVAEGA. Mr. Speaker, I thank my good friend for yielding me
this time.
I am honored to be an original cosponsor of H.R. 750, which expresses
United States support for the autonomy of Hong Kong and establishes
requirements to determine whether the People's Republic of China is
honoring commitments under the Joint Declaration of 1984 to retain Hong
Kong's autonomy.
I would be remiss if I did not express my appreciation to my good
friend from Nebraska [Mr. Bereuter] for introducing this legislation,
and I certainly would like to commend both the chairman of our
committee, the gentleman from New York [Mr. Gilman] and the gentleman
from Indiana [Mr. Hamilton], the ranking Democratic
[[Page H845]]
member of the full committee for their sponsorship and support of this
important measure.
Mr. Speaker, this legislation has bipartisan support. The transfer of
Hong Kong from British to Chinese sovereignty on July 1 will indeed be
a historic event. In ending Britain's colonial rule of Hong Kong, I am
hopeful that China will abide by its commitment under the Joint
Declaration to extend a high degree of autonomy to Hong Kong under the
one-country, two-system policy.
Although the recent actions taken by China regarding Hong Kong are
troubling, as raised by some of my colleagues, I would hope that we
would allow China some breathing space, Mr. Speaker, as the transition
occurs.
{time} 1615
On that note, I would like to associate myself with the comments made
earlier by the gentleman from California [Mr. Campbell] regarding the
fact that Hong Kong was literally a British colony. Now, all of a
sudden we are talking about protection of democratic principles,
personal freedoms, and more autonomy for the residents of this British
colony, when years before they never had the privilege.
Mr. Speaker, what happens in Hong Kong will have serious implications
on Taiwan. What happens with Taiwan's future will determine the
stability of the entire Asian-Pacific region.
If China does not comply with its obligations for Hong Kong's
autonomy, under the Joint Declaration, H.R. 750, will give our
Government a mechanism for determining whether the current United
States laws and policies toward Hong Kong should be maintained.
Again, I thank my good friend, the gentleman from Nebraska, for his
introduction of this important measure. I ask my colleagues to support
the legislation.
Mr. BEREUTER. Mr. Speaker, I yield such time as he may consume to the
gentleman from New York [Mr. Gilman], chairman of the Committee on
International Relations.
(Mr. GILMAN asked and was given permission to revise and extend his
remarks and include extraneous material.)
Mr. GILMAN. Mr. Speaker, I thank the gentleman for yielding time to
me.
Mr. Speaker, I am pleased to commend the gentleman from Nebraska, the
chairman of our Subcommittee on Asia and the Pacific of the Committee
on International Relations, and the ranking minority member, the
gentleman from California [Mr. Berman] for crafting this measure, a
resolution to support the autonomous governance of Hong Kong after its
reversion to the People's Republic of China.
Hong Kong's autonomy is clearly under attack. The Government of the
People's Republic of China has decided to dissolve Hong Kong's
democratically elected legislative council on July 1 of this year and
appoint a provisional legislature.
Early in February of this year, the preparatory committee appointed
by the People's Republic of China recommended the repeal and the
amendment of Hong Kong ordinances, including the bill of rights, the
societies ordinance relating to freedom of association, and the public
order ordinance relating to freedom of assembly.
These two actions and the many threats by Communist officials
regarding the types of speech and association, in addition to warnings
to religious institutions, are ominous indicators of what the
courageous people of Hong Kong are facing as their territory reverts
back to Communist China.
It is without a doubt that Hong Kong's autonomy is lost without an
elected legislature, and with the repeal of the bill of rights and
other ordinances that protect its citizenry against Beijing's intrusion
into their freedom.
H.R. 750 directs the Secretary of State to study these matters and
take action in order to protect our Nation's relationship with Hong
Kong. Accordingly, I urge my colleagues to fully support this measure.
Mr. Speaker, I would like also to note my appreciation for the
cooperation of the gentleman from Texas [Mr. Archer], the chairman of
the Committee on Ways and Means, in connection with our proceedings
here today. Chairman Archer agreed to waive jurisdiction of this bill
in his committee in order to allow us to proceed with its expeditious
consideration on the floor.
Mr. Speaker, I include for the Record correspondence between Chairman
Archer and myself related to this matter.
The material referred to is as follows:
Committee on International Relations,
Washington, DC, March 10, 1997.
Hon. Bill Archer,
Chairman, Committee on Ways and Means, House of
Representatives, Washington, DC.
Dear Mr. Chairman: I am writing about H.R. 750, which was
recently introduced by Representative Doug Bereuter and
referred solely to this Committee. On March 6, 1997, our
Committee marked up this bill and agreed to a resolution
asking that I seek its consideration on the suspension
calendar. The leadership has scheduled its consideration for
tomorrow.
I am advised that the Committee on Ways and Means has
jurisdictional interest in this bill, in part because, in
section 5, the bill adds criteria to be considered by the
President in making determinations under section 22 of the
U.S.-Hong Kong Policy Act of 1992.
As you know, this bill has widespread support and the
provisions that may involve Ways and Means jurisdiction are
minor ones, on which our staffs have previously been in touch
and about which no substantive problems were raised.
Accordingly, I would appreciate your agreeing to the bill's
consideration on the suspension calendar notwithstanding the
fact that it was not referred to the Ways and Means
Committee.
With best wishes,
Sincerely,
Benjamin A. Gilman,
Chairman.
____
Committee on Ways and Means,
Washington, DC, March 10, 1997.
Hon. Benjamin Gilman,
Chairman, Committee on International Relations, Rayburn House
Office Building, Washington, DC.
Dear Mr. Chairman: I am writing with regard to H.R. 750,
the Hong Kong Reversion Act, which was approved by the
Committee on International Relations on March 6, 1997 and is
scheduled for consideration in the House on March 11, 1997.
In addition to addressing general economic and trade
relations between the United States and Hong Kong after its
reversion to the People's Republic of China on July 1, 1997,
the bill contains several specific provisions that could
affect the future treatment of Hong Kong under various U.S.
trade laws which fall within the jurisdiction of the
Committee on Ways and Means.
Section 5 of H.R. 750 requires the President, when
determining, under Section 202(a) of the United States-Hong
Kong Policy Act of 1992, whether Hong Kong is sufficiently
autonomous to justify treatment under the laws of the United
States, including U.S. trade laws, different from that
accorded to the People's Republic of China, to consider
information provided by the Secretary of State in the report
required under section 301 of the United States Hong Kong
Policy Act of 1992. This would modify the President's
authority to waive the applicability of U.S. law, including
import and other trade and tariff laws, with respect to Hong
Kong. Section 5(b) requires that the Secretary of State
include in this report an assessment of whether the Hong Kong
Government and the People's Republic of China have cooperated
in securing a bilateral investment treaty and whether there
is diminished cooperation in areas of customs enforcement,
drug interdiction and money laundering. Section 5(b) also
requires the Secretary of State to cite any failure by these
governments to respect United States textile laws and quotas
and any 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. All of these provisions
could affect the future of U.S. commercial relations with
Hong Kong.
In view of your desire for early House action on this bill,
the non-controversial nature of the trade-related provisions,
and the fact that they do not directly change existing U.S.
trade laws or policies, it will not be necessary for the
Committee on Ways and Means to mark up H.R. 750. This is
being done only with the understanding that this action in
the instance in no way establishes a precedent or prejudices
the Committee on Ways and Means' jurisdiction over provisions
of the type described above. I would appreciate your
confirmation of this understanding and reference to this
exchange of letters during House consideration of the bill.
I look forward to prompt consideration of this important
legislation by the House.
Sincerely,
Bill Archer,
Chairman.
Mr. BEREUTER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I include for the Record a cost estimate on the impact
of H.R. 750 by the Congressional Budget Office, and note that the cost
is estimated to be zero.
The material referred to is as follows:
[[Page H846]]
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 7, 1997.
Hon. Benjamin A. Gilman,
Chairman, Committee on International Relations, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 750, the Hong
Kong Reversion Act, as ordered reported by the House
Committee on International Relations on March 6, 1997.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Joseph C.
Whitehill.
Sincerely,
June E. O'Neill,
Director.
Enclosure.
Congressional Budget Office Cost Estimate
h.r. 750, hong kong reversion act--as ordered reported by the house
committee on international relations on march 6, 1997
CBO estimates that the bill would result in no significant
costs to the federal government. Because it would not affect
direct spending or receipts, pay-as-you-go procedures would
not apply. H.R. 750 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform
Act of 1995 (Public Law 104-4) and would impose no costs on
state, local, or tribal governments.
The United States-Hong Kong Policy Act of 1992 (Public Law
102-383) allows the laws of the United States to be applied
to Hong Kong without change after its reversion to China so
long as Hong Kong remains sufficiently autonomous to justify
a separate treatment. H.R. 750 would require that the
Secretary of State's report on conditions in Hong Kong
required by the earlier act address specific issues regarding
Hong Kong's cooperation with U.S. agencies and continued
autonomy.
In addition, H.R. 750 would continue, after Hong Kong
reverts to China, some of the privileges and immunities that
employees of the Hong Kong economic and trade offices
currently enjoy as part of the British consular presence.
The CBO staff contact for this estimate is Joseph C.
Whitehill. The estimate was approved by Robert A. Sunshine,
Deputy Assistant Director for Budget Analysis.
Ms. PELOSI. Mr. Speaker, I rise today in support of H.R. 570, the
Hong Kong Reversion Act. I commend Chairman Bereuter and Ranking Member
Berman for bringing this bill to the floor today. While there are
differing views in Congress about the direction which United States-
China policy should take, we are all united in our concern about the
future of Hong Kong. On July 1, 1997, less than 4 months from now,
control over Hong Kong will revert to China. This action defines the
future for a freedom-loving people, who will find themselves under the
jurisdiction of an authoritarian regime.
There is much at stake with this takeover and the people of Hong Kong
are not the only ones who will feel its effects. Hong Kong's very
viability as a global financial center will be threatened if the
Chinese Government does not act responsibly and does not respect
internationally recognized basic human rights and fundamental
principles. Transparency, access to unbiased information in real time,
and recourse to an independent judicial system are all critical
components of long-term economic growth. Restrictions on freedom of the
press and freedom of speech stifle a citizenry and undermine its
economy. Unfortunately, the future picture for Hong Kong is already
clouded.
In 1984, the United Kingdom and China in 1984 created a framework for
Hong Kong's reversion in the Sino-British Joint Declaration. The Joint
Declaration established a ``one-country, two-system'' arrangement,
under which Hong Kong would enjoy a ``high degree of autonomy'' in its
operation for the next 50 years. Recently, serious questions have
arisen about China's intentions to adhere to its agreement in light of
actions by Beijing, including abolishing Hong Kong's democratically
elected legislature, and repealing its Bill of Rights and other
ordinances ensuring the rights of freedom of association and assembly.
H.R. 750 reaffirms congressional support for the automony of Hong
Kong and implements a series of reports and guidelines to determine
whether China is fulfilling its obligations under the 1984 Joint
Declaration. Under the bill, the President of the United States could
modify current United States law and policies involving Hong Kong,
should he determine that ``Hong Kong is not sufficiently autonomous * *
*''. While this bill does not go as far as I believe it should go in
protecting the people of Hong Kong, it is an important step.
No discussion of Hong Kong's future would be complete without
acknowledging the ongoing struggle of its brave prodemocracy movement
to ensure basic freedoms for its people. The courage and commitment of
Hong Kong's prodemocracy activists, led by Martin Lee, and including
Emily Lau and Christine Loh, is exemplary. We must speak out on their
behalf to support their efforts and to ensure their safety.
Mr. HILLIARD. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. BEREUTER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Nebraska [Mr. Bereuter] that the House suspend the rules
and pass the bill, H.R. 750, as amended.
The question was taken.
Mr. BEREUTER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________