[Congressional Record Volume 163, Number 177 (Wednesday, November 1, 2017)]
[House]
[Pages H8365-H8368]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
URGING ADHERENCE TO THE ``ONE COUNTRY, TWO SYSTEMS'' POLICY BETWEEN THE
UNITED KINGDOM OF GREAT BRITAIN AND THE PEOPLE'S REPUBLIC OF CHINA ON
THE QUESTION OF HONG KONG
Mr. YOHO. Mr. Speaker, I move to suspend the rules and agree to the
resolution (H. Res. 422) urging adherence to the ``one country, two
systems'' policy as prescribed in the Joint Declaration between the
Government of the United Kingdom of Great Britain and the Government of
the People's Republic of China on the Question of the Hong Kong, as
amended.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 422
Whereas the People's Republic of China assumed the exercise
of sovereignty over the Hong Kong Special Administrative
Region 20 years ago, on July 1, 1997;
Whereas the Joint Declaration between the Government of the
United Kingdom of Great Britain and the Government of the
People's Republic of China on the Question of the Hong Kong
(in this resolution referred to as the ``Joint Declaration'')
required China's National People's Congress (NPC) to pass the
``Basic Law of the Hong Kong Special Administrative Region of
the People's Republic of China'' (in this resolution referred
to as the ``Basic Law'') consistent with the obligations
contained in the Joint Declaration, which was approved by the
NPC on April 4, 1990;
Whereas relations between the United States and Hong Kong
are fundamentally based upon the continued maintenance of the
``one country, two systems'' policy stipulated in the United
States-Hong Kong Policy Act of 1992 (Public Law 102-383; 22
U.S.C. 5701 et seq.) and established by the Joint
Declaration;
Whereas under the ``one country, two systems'' policy
established by the Joint Declaration, Hong Kong ``will enjoy
a high degree of autonomy except in foreign and defense
affairs'' and ``will be vested with executive, legislative
and independent judicial power including that of final
adjudication'';
Whereas Hong Kong's autonomy under the ``one country, two
systems'' policy, as demonstrated by its highly developed
rule of law, independent judiciary, and respect for the
rights of individuals, has continued to make Hong Kong the
preferred residence for over 85,000 United States citizens,
and at least 1,400 United States businesses operate in Hong
Kong;
Whereas the Joint Declaration and the Basic Law declare
that the lifestyle and social and economic systems in Hong
Kong will remain unchanged for 50 years after the 1997
reversion;
Whereas the Basic Law guarantees Hong Kong residents the
freedoms of speech, press, publication, association,
assembly, demonstration, religious belief and activity,
academic research, and the rights to form unions and to
strike, among others;
Whereas the Basic Law also guarantees Hong Kong residents
the right to vote and to stand for election;
Whereas although the Basic Law states that ``the ultimate
aim is the selection of the Chief Executive by universal
suffrage upon nomination by a broadly representative
nominating committee in accordance with democratic
procedures'', the actual process
[[Page H8366]]
for nominating eligible Chief Executive candidates remains
heavily influenced by the Government of China;
Whereas widespread frustration with the lack of progress
toward a democratic selection of candidates for Chief
Executive provoked large-scale public demonstrations in late
2014, popularly known as the ``Umbrella Movement'', that
involved hundreds of thousands of demonstrators and the
occupation of certain public spaces for as long as 79 days;
Whereas, although Hong Kong continues to enjoy high levels
of economic freedom and judicial independence, certain recent
actions by the Government of China are inconsistent with its
stated commitments to Hong Kong's high degree of autonomy and
the preservation of the rule of law;
Whereas international press reported that from October
through December 2015, four employees of Mighty Current
publishing house and its affiliated bookstore, Causeway Bay
Books, a Hong Kong seller of publications critical of Chinese
leadership, disappeared under suspicious circumstances from
Hong Kong, Thailand, and mainland China, in potentially the
most serious breach of the ``one country, two systems''
policy since 1997, which has had a chilling effect on the
freedoms of speech and publication in Hong Kong;
Whereas international press reported that--
(1) Gui Minhai, a Swedish citizen and the co-owner of
Mighty Current, was last seen in Thailand in October 2015;
(2) The general manager of Mighty Current, Lui Bo, and the
business manager, Cheung Jiping, disappeared while on a visit
to mainland China around October 2015; and
(3) Lee Bo, who holds British and Chinese citizenship and
is a permanent resident of Hong Kong, disappeared from Hong
Kong on December 30, 2015;
Whereas Mr. Lui, Mr. Cheung, and Mr. Lee each briefly
returned to Hong Kong in March 2016 to ask Hong Kong police
to drop their missing persons' cases before immediately
returning to mainland China;
Whereas Lam Wing Kee, another Causeway Bay Books
bookseller, testified before the Congressional-Executive
Commission on China that he was detained by officials in
Shenzhen, China on October 24, 2015, moved to a detention
facility more than 1,300 miles away, and held incommunicado
and subjected to ``endless interrogation'' for seven and half
months, during which he was forced to produce multiple,
coerced confessions of ``selling books illegally'';
Whereas on November 7, 2016, while the Hong Kong High Court
was considering its final ruling to determine if the oaths
sworn by certain Legislative Council candidates were in
accordance with Article 104 of the Basic Law, the Standing
Committee of the NPC issued its own interpretation of Article
104 of the Basic Law in an attempt to foreclose the
opportunity for the legislators-elect to retake their oaths
and assume office;
Whereas that interpretation of Article 104 by the Standing
Committee of the NPC represented the first time it had issued
such an interpretation while a Hong Kong judge was
deliberating on the case in question and only the second time
it had done so in the absence of a request from Hong Kong
authorities;
Whereas according to the Hong Kong Bar Association, that
preemptive interpretation was ``unnecessary and
inappropriate'' and ``created the impression that the
[Standing Committee] is effectively legislating for Hong
Kong, thereby casting doubts on the commitment of the Central
People's Government to abide by the principles of `one
country, two systems' '';
Whereas on November 15, 2016, the High Court ruled that the
oaths taken by Yau Wai-ching and Baggio Leung Chung-hang were
invalid, and barred the two from serving as members of the
Legislative Council;
Whereas on December 16, 2016, then Chief Executive Leung
Chun-ying and Secretary of Justice Rimsky Yuen Kwok-keung
filed for judicial review of the oaths taken by Lau Sui-lai,
Nathan Law, Leung Kwok-hung, and Edward Yiu Chung-yim;
Whereas on July 14, 2017, the High Court ruled that the
oaths taken by Lau Sui-lai, Nathan Law, Leung Kwok-hung, and
Edward Yiu Chung-yim were invalid and barred the four of them
from serving as members of the Legislative Council;
Whereas in August 2017, the Hong Kong Government appealed
the original sentences of three ``Umbrella Movement''
leaders, Joshua Wong, Nathan Law, and Alex Chow and asked for
prison time after they had already completed their previous
community service sentences;
Whereas the Hong Kong Court of Appeal subsequently imposed
prison sentences on Joshua Wong, Nathan Law, and Alex Chow of
six, seven, and eight months respectively, which effectively
bars them from running for political office for five years;
and
Whereas these developments have called into question Hong
Kong's highly developed rule of law, independent judiciary,
and respect for individual rights, which are fundamental to
its way of life and economic prosperity: Now, therefore, be
it
Resolved, That the House of Representatives--
(1) recognizes, consistent with the United States-Hong Kong
Policy Act of 1992, that--
(A) Hong Kong continues to play an important role in
today's regional and world economy, with strong economic,
cultural, and other ties to the United States;
(B) respect for civil liberties, open markets, rule of law,
and judicial independence are all integral aspects of Hong
Kong's lifestyle and social and economic systems; and
(C) the authority of the United States Government to treat
Hong Kong as a non-sovereign entity distinct from China, for
the purposes of United States laws relating to trade,
finance, transportation, economic and cultural exchange,
travel, law enforcement cooperation, export controls, and
other matters, depends on Hong Kong remaining sufficiently
autonomous; and
(2) urges adherence to the ``one country, two systems''
policy established by the Joint Declaration and the Basic Law
with respect to--
(A) Hong Kong's exercise of a high degree of autonomy;
(B) its enjoyment of executive, legislative, and
independent judicial power; and
(C) the robust protection of the fundamental rights of Hong
Kong residents guaranteed by Chapter III of the Basic Law.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Yoho) and the gentleman from New York (Mr. Engel) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida.
General Leave
Mr. YOHO. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. YOHO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to recognize Ranking Member Engel for authorizing
this important measure on Hong Kong, the city once known as the Pearl
of the Orient.
I commend the gentleman for strongly advocating for Hong Kong's
continued adherence to the ``one country, two systems'' policy that has
allowed for Hong Kong's autonomy and prosperity for so long. I was
happy to join him as an original cosponsor of this important measure.
During a recent trip that I led to Hong Kong, I heard firsthand how
measures like this are helpful in keeping the pressure on Beijing to
keep its commitment to the Joint Declaration.
Twenty years have now passed since the handover of Hong Kong from the
United Kingdom to the People's Republic of China. At the time, the U.S.
Congress played a vital role in the continuity of the U.S. relationship
with Hong Kong by passing the Hong Kong Policy Act in 1992. This act
established that the U.S. would treat Hong Kong as a nonsovereign
entity distinct from China on commercial, cultural, and law enforcement
matters so long as it remained ``sufficiently autonomous.''
Since the handover, Hong Kong has continued to be a global economic
force and a financial hub. In recent years, however, it has also begun
to face increased social, economic, and political challenges, including
external pressures.
Mr. Speaker, we saw the Umbrella Movement protest in 2014, which was
led by youth seeking to liberalize the electoral system and introduce
true universal suffrage to Hong Kong in accordance with the Joint
Declaration between Great Britain and China. In the intervening years,
we have witnessed booksellers kidnapped from Hong Kong, Thailand, and
Mainland China; legislator oaths being invalidated; and the jailing of
protest leaders.
For many of us here in Congress, there is growing concern about the
apparent increased role of Beijing in the affairs of Hong Kong.
Therefore, Mr. Speaker, it is important to reiterate here today that
our special treatment of Hong Kong is dependent upon it remaining
sufficiently autonomous. We want to see Hong Kong's highly developed
rule of law, independent judiciary, and respect for individual freedoms
remain as the lifeblood of Hong Kong and its economic prosperity as
guaranteed, again, by China and Great Britain in the Joint Declaration.
Passage of this resolution demonstrates our support for the
continuation of the ``one country, two systems'' policy in Hong Kong,
so I urge my colleagues to join me in support of this measure.
I reserve the balance of my time.
Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of this measure.
[[Page H8367]]
Let me start by thanking our chairman on the Foreign Affairs
Committee, Ed Royce of California, for his leadership and for working
with me to bring this measure forward.
I introduced this resolution with Representatives Chabot, Yoho,
Sherman, and Smith, and I want to thank them all for their partnership.
I really listened intently to Mr. Yoho and also know that we make
progress on the Foreign Affairs Committee because, as Mr. Poe of Texas
said, we work in bipartisan measure, and we try to agree on the
language and we try to make sure that the U.S. Congress speaks with one
voice so that both our friends and adversaries around the world will
understand that we put partisanship aside. We leave it at the water's
edge, and I think that is very important.
I think the kind of people the Foreign Affairs Committee attracts to
serve on the committee, on both sides of the aisle, are the kind who
keep perpetuating this bipartisan spirit because we have differences in
policies, for sure, but we are all Americans. We all want to keep each
other safe, and we all want to make sure that America does the right
thing and that others do the right thing to America as well.
So when we have the incident like we had yesterday with the terrible
terrorist attack in Manhattan, it makes us pause, as a Congress, and
think about what this all means.
People in Hong Kong were made promises as well. They were made
promises years ago that China would be one country, including Hong
Kong, but two systems, that Hong Kong would be its independent system.
And, of course, the Chinese officials and Beijing regime have tried
every which way to go after student protesting, curbing the rights and
values of the people of Hong Kong, so this resolution is really very,
very important.
I thank, again, Representatives Smith, Sherman, Yoho, and Chabot. But
I also want to recognize Doug Anderson and Sean O'Neill on the
chairman's staff for their contributions to this resolution, and
Jennifer Hendrixson-White on my staff. It is a great example, again, of
bipartisanship when it comes to foreign policy. We work together and we
produce what I regard as superior products.
For decades, Mr. Speaker, the United States has shared an important,
unique relationship with Hong Kong. That relationship has been based on
Hong Kong's autonomy from Mainland China. This resolution underscores
our national security interest in seeing Hong Kong remain autonomous at
a time when we have seen some troubling trends.
Twenty years ago, at the time of the handover, China made a
commitment that Hong Kong would continue to enjoy its special status.
Today, China claims that the 1997 Joint Declaration is a so-called
``historical document'' that has, again, ``no practical significance.''
But the UK and the United States believe in international law, and we
are committed to holding China to its word, again, a ``one country, two
systems'' form of government in Hong Kong.
This approach was experimental when the Chinese and British first
devised it. You may remember that Hong Kong was a British colony. The
Chinese Government essentially said that Hong Kong would continue to
have its own executive, legislative, and judicial rights, that the
people of Hong Kong would continue to enjoy fundamental rights
guaranteed in Hong Kong's laws. But Beijing is now backing away from
its commitments, even declaring the Joint Declaration a historical
document with no relevance today.
Meddling in Hong Kong's elections by China's National People's
Congress led to the Umbrella protests in 2014. Hong Kong residents
critical of the People's Republic of China have disappeared, while the
presence of the People's Liberation Army has grown.
The credibility of Hong Kong's courts has suffered following
decisions to send Umbrella Movement student leaders to prison after
they had already served their previous sentences. Academic freedoms
have eroded. Self-censorship has grown, and journalists face regular
harassment.
So we are worried, Mr. Speaker. We are worried about Chinese
encroachment, about what is going to happen to the people of Hong Kong,
and about the way China's newly aggressive posture is going to affect
our relationship with Hong Kong in the future.
Twenty years after accepting the so-called ``one country, two
systems'' model, China's objective now seems to be making Hong Kong and
the mainland ``one country, one system.'' This is not what the
government in Beijing, the international community, the United States,
Great Britain, or the people of Hong Kong signed up for.
So this issue raises bigger questions, Mr. Speaker:
To what degree will the Chinese Government live up to its
international commitments as China continues to expand economically and
grow in stature on the global stage?
This measure says, ``Enough.'' It sends a message to China that we in
the United States Congress expect Beijing to keep its word. That is not
asking too much. It reiterates that our special bond with Hong Kong is
based on our shared values, the values of democracy, and that we want
to see that relationship endure for years to come.
So I am grateful to my colleagues for working on this measure with
me, especially Mr. Yoho. I ask support from all Members.
{time} 1900
In closing, Mr. Speaker, let me again remind everyone that Hong Kong
is special because of its judicial independence and strong rule of law
that is supposed to be protected under the ``one country, two systems''
approach. That is also the reason why the United States shares such a
strong strategic relationship with Hong Kong.
This resolution is a reminder of why our ties with Hong Kong are so
important, and a call for all parties to respect the decades-old
commitments that have underpinned Hong Kong's autonomy. At a time when
China is growing more and more aggressive in its neighborhood, the
United States cannot be seen as ceding ground. We need to stand up for
our friends. We need to stand up for our values. We need to stand up
for our interests. We need to hold all countries to their commitments,
just as the United States lives up to our own.
I ask for all Members to support this measure. I thank our chairman,
Ed Royce, and Mr. Yoho for their remarks.
Mr. Speaker, I yield back the balance of my time.
Mr. YOHO. Mr. Speaker, I yield myself such time as I may consume.
I, too, want to thank the ranking member, Mr. Engel; Mr. Royce, the
chairman of the committee; Doug Anderson; and, of course, Hunter
Strupp. I chair the Asia and the Pacific Subcommittee of the Foreign
Affairs Committee. It has been a bipartisan committee, and to see
everybody come together to work on these different situations, and
different bills and resolutions, it is so important that we project a
unified body.
I would think China, as they move forward, would look hard to honor
their commitment that they made because it is not just Hong Kong they
are influencing. It is all of the other countries in the world, and it
will determine future negotiations on how China, Beijing, honors their
commitment that they made with Hong Kong that the other nations will
look at.
Hong Kong plays an important role in today's regional and world
economy. Its open market and strong rule of law have served as an
example to the region of how freedom and a rules-based society can
foster a positive environment for its people's happiness and
prosperity.
The U.S. has benefited greatly from strong economic cultural ties to
Hong Kong, and I would venture to say, the world has benefited from
that. We want to continue this relationship, but to do so, Hong Kong
must remain sufficiently autonomous. Our President is headed on a 5-
country, 12-day tour of the Asia area at the end of the week, and it
will be his first time visiting China as President.
With this resolution, we send a strong message from Congress about
our support for Hong Kong's continued prosperity and special status.
Thus, we urge faithfulness to the ``one country, two systems'' policy,
as established by the joint declaration and the basic law with respect
to Hong Kong's autonomy and its enjoyment of the executive,
legislative, and judicial powers. Hong
[[Page H8368]]
Kong's independent judiciary must be sacrosanct.
In closing, I would like to thank Ranking Member Engel again and the
original cosponsors: Mr. Smith, Mr. Chabot, Mr. Sherman, and Connolly.
Mr. Speaker, I yield back the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, I commend Ranking Member, Mr.
Engel, along with Chairman Yoho, Mr. Chabot, and Mr. Sherman, for
introducing H. Res. 422.
I am an original cosponsor of this legislation. As the Cochair of the
bipartisan and bicameral Congressional-Executive Commission on China, I
have been gravely concerned by the Chinese government's efforts to
curtail Hong Kong's autonomy and crush pro-democracy voices in this
city.
Twenty years ago, China promised to guarantee Hong Kong's autonomy
and freedoms for 50 years through the Sino-British Joint Declaration.
These promises have been needlessly strained in recent years, calling
into question the viability of a `One Country, Two Systems' model that
has provided great benefits to both China and the world.
The threats to Hong Kong's autonomy and its freedoms are progressing.
At the recent 19th Party Congress, Communist Party General Secretary
and President Xi Jinping reiterated the fact that Hong Kong's autonomy
is limited by Beijing's ``comprehensive jurisdiction''--meaning that
Beijing has the final say on what freedoms are exercised in Hong Kong
and who gets to lead the city's government.
On October 11, 2017, a British human rights activist, Benedict
Rogers, was denied access to Hong Kong by the Chinese government. Mr.
Rogers was also warned not to continue meeting with pro-democracy
supporters in Hong Kong by the Chinese Embassy in London.
Beijing is now telling foreigners with whom they can meet in Hong
Kong and barring entry to those who will not comply.
This is a chilling development that should be a concern from all
countries and corporations that have an interest in Hong Kong's
freedoms. Maintaining these freedoms and the rule of law are vital
economic interests of the United States.
The governments and legislatures of the UK and the United States
should work together to ensure that the Sino-Declaration Joint
Declaration remains in force to protect Hong Kong's unique way of life.
Xi Jinping also said recently about Hong Kong that he would ``never
allow anyone, any organization, or any political party, to separate any
part of Chinese territory from China . . . and that attempts to
endanger China's sovereignty and security, to challenge the power of
the central government . . . [crosses] the red line.''
Given Beijing's expansive view of its own security to include anyone
peacefully seeking political reforms or rights protections, these are
ominous words indeed.
Beijing has ramped up efforts to destroy the pro-democracy movement
in Hong Kong. This past year, six elected legislators were disqualified
after the National People's Congress intervened in Hong Kong's
judiciary. Then, in August, a Hong Kong court issued heavier sentences
for Joshua Wong, Nathan Law, and Alex Chow, leaders of the peaceful
Umbrella Movement of 2014.
Mr. Wong, Mr. Law, and Mr. Chow should now be considered Hong Kong's
first political prisoners. Though Joshua Wong and Nathan Law are out on
bail at the moment pending an appeal, they face other charges and may
be put back in prison in the future. They likely will not be the last
political prisoners in Hong Kong, as other Umbrella Movement leaders
were convicted recently, including Professor Benny Tai.
Senator Marco Rubio and I, with whom I cochair the CECC, have
announced our intention to nominate Hong Kong pro-democracy Umbrella
Movement for the 2018 Nobel Peace Prize. I hope all Members will
consider signing on to that initiative.
I support this resolution, but it should not be our last word. In
1992, the U.S. Congress passed the Hong Kong Policy Act, saying that
U.S. policy toward Hong Kong was contingent on the preservation of Hong
Kong's autonomy and freedoms. With these fundamental elements being
diminished by the Chinese government, we should consider amending a
bill passed 25 years ago to better protect U.S. interests.
That is why I introduced, along with Congressman Tim Walz (a fellow
CECC Commissioner), the Hong Kong Human Rights & Democracy Act (H.R.
3856)--a bill that I introduced in the last Congress and which has been
introduced by Senator Marco Rubio and Senator Ben Cardin in the Senate.
If Hong Kong is to be just another Chinese city, then we have the
responsibility to reassess whether Hong Kong warrants special status
under U.S. law.
We all have a stake in ensuring Hong Kong remains an open city, with
the rule of law and guaranteed rights currently unavailable in Mainland
China.
I support passage of this bill and thank the gentleman from New York
for his leadership on this issue.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Yoho) that the House suspend the rules and
agree to the resolution, H. Res. 422, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the resolution, as amended, was agreed to.
The title of the resolution was amended so as to read: ``A resolution
urging adherence to the `one country, two systems' policy as prescribed
in the Joint Declaration between the Government of the United Kingdom
of Great Britain and the Government of the People's Republic of China
on the Question of Hong Kong.''.
A motion to reconsider was laid on the table.
____________________