[Congressional Record Volume 143, Number 97 (Thursday, July 10, 1997)]
[Senate]
[Pages S7218-S7219]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SENATE CONCURRENT RESOLUTION 38--RELATIVE TO THE PEOPLE'S REPUBLIC OF 
                                 CHINA

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

                            S. Con. Res. 38

       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'';
       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.

  Mr. ROTH, Mr. President, I rise today to submit a sense of the 
Congress Resolution on 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 Special 
Administrative Region [SAR] is elected democratically.
  On July 1, 1997, Hong Kong returned peacefully to Chinese sovereignty 
under terms of the Joint Declaration of the United Kingdom and the 
People's Republic of China and the Basic Law of the Hong Kong SAR. 
Among other provisions, those two documents commit the People's 
Republic of China to maintain the current social and economic systems 
of Hong Kong and the rights, freedoms, and lifestyles of the people of 
Hong Kong.
  China's willingness to abide by the terms of those two documents 
constitutes a crucial test of Beijing's ability to play a responsible 
global role. In

[[Page S7219]]

two important and welcome statements on July 1--one in Hong Kong and 
one in Beijing--President Jiang Zemin reiterated China's commitment to 
abide by those terms.
  What this concurrent resolution does is list some key provisions of 
the Joint Declaration and the Basic Law guaranteeing Hong Kong's 
freedoms and President Jiang's statements reaffirming Beijing's 
commitments to respect those provisions, and go on to point out that 
China's willingness to live up to its commitments will be a crucial 
test of Beijing's ability to play a responsible global role.
  Because of the importance of Hong Kong's reversion, I urge all my 
colleagues to join me in making passage of this concurrent resolution 
possible.

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