[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.

                          ____________________