[Congressional Record Volume 166, Number 196 (Wednesday, November 18, 2020)]
[House]
[Pages H5877-H5878]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 CONDEMNING ACTS BY PEOPLE'S REPUBLIC OF CHINA AND GOVERNMENT OF HONG 
KONG SPECIAL ADMINISTRATIVE REGION THAT VIOLATE FUNDAMENTAL RIGHTS AND 
                    FREEDOMS OF HONG KONG RESIDENTS

  Mr. ENGEL. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 1033) condemning acts by the People's Republic of 
China and the Government of the Hong Kong Special Administrative Region 
that violate fundamental rights and freedoms of Hong Kong residents as 
well as acts that undermine Hong Kong's high degree of autonomy, as 
amended.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 1033

       Whereas the Government of the People's Republic of China 
     (``PRC'') is legally bound to guarantee the civil liberties 
     of the people of Hong Kong through 2047 and the ``Joint 
     Declaration of the Government of the United Kingdom of Great 
     Britain and Northern Ireland and the Government of the 
     People's Republic of China on the Question of Hong Kong'' 
     (hereafter the ``Joint Declaration''), in which the People's 
     Republic of China committed that for 50 years, the basic 
     policies would remain unchanged, including keeping the 
     ``social and economic systems in Hong Kong'' unchanged;
       Whereas Article 39 of the Basic Law of Hong Kong mandates 
     that: ``The provisions of the International Covenant on Civil 
     and Political Rights, the International Covenant on Economic, 
     Social and Cultural Rights, and international labour 
     conventions as applied to Hong Kong shall remain in force and 
     shall be implemented through the laws of the Hong Kong 
     Special Administrative Region.'';
       Whereas the Joint Declaration states that ``Rights and 
     freedoms, including those of the person, of speech, of the 
     press, of assembly, of association, of travel, of movement, 
     of correspondence, of strike, of choice of occupation, of 
     academic research and of religious belief will be ensured by 
     law in the Hong Kong Special Administrative Region'' and that 
     those rights are reiterated in Chapter III of the Basic Law;
       Whereas Chapter III of the Basic Law of Hong Kong 
     guarantees Hong Kong residents other specific rights and 
     freedoms, including--
       (1) freedom of speech, of the press, and of publication;
       (2) freedom of association, of assembly, of procession, and 
     of demonstration;
       (3) the right and freedom to form and join trade unions and 
     to strike;
       (4) freedom from arbitrary or unlawful arrest, detention, 
     or imprisonment;
       (5) freedom from arbitrary or unlawful search of, or 
     intrusion into, a Hong Kong resident's home or other 
     premises;
       (6) freedom and privacy of communication;
       (7) freedom of movement within the Hong Kong Special 
     Administrative Region (``HKSAR'');
       (8) freedom of emigration to other countries and regions;
       (9) freedom of conscience; and
       (10) the right to institute legal proceedings in the courts 
     against the acts of the executive authorities and their 
     personnel;
       Whereas the PRC National People's Congress Standing 
     Committee (NPCSC) has inserted a national security law 
     directly into Annex III of the Basic Law of Hong Kong, and 
     said national security law is purportedly intended to prevent 
     and punish acts of ``separating the country, subverting state 
     power, and organizing terroristic activities'';
       Whereas said action is a flagrant violation of Hong Kong's 
     autonomy and rule of law in that Article 18 of the Basic Law 
     provides that laws included in Annex III are ``confined to 
     those relating to defense and foreign affairs as well as 
     other matters outside the limits of the autonomy of the 
     Region as specified by this Law'';
       Whereas Article 11 of the Joint Declaration states that 
     ``The maintenance of public order in the Hong Kong Special 
     Administrative Region will be the responsibility of the 
     Government of the Hong Kong Special Administrative Region'';
       Whereas the national security law promulgated by the NPCSC 
     violates Article 11 of the Joint Declaration by establishing 
     PRC entities in Hong Kong with powers over public order;
       Whereas Article 23 further specifies that ``[Hong Kong] 
     shall enact laws on its own to prohibit any act of treason, 
     secession, sedition, subversion against the Central People's 
     Government'';
       Whereas through a similar abuse of Annex III of the Basic 
     Law of Hong Kong, the PRC Government caused the adoption of 
     the National Anthem Law in Hong Kong, which curtails the 
     freedom of speech and carries a maximum sentence of 3 years, 
     mirroring the extent of sentence under the People's Republic 
     of China Criminal Law;
       Whereas the PRC Government's repeated and heavy-handed 
     actions to undermine the rule of law in Hong Kong and Hong 
     Kong's high degree of autonomy will only further escalate the 
     ongoing protests and increase public disapproval of the PRC 
     and the HKSAR Government, jeopardizing Hong Kong's future as 
     an open and prosperous international city;
       Whereas the full Chinese-language text of the national 
     security legislation was not revealed until the Hong Kong 
     Chief Executive promulgated the law in Hong Kong at 11 p.m. 
     on June 30, 2020, making it only the second law since 2008 
     that the NPCSC has passed without releasing a draft for 
     public comment; and
       Whereas the imposition of this national security 
     legislation, which undermines the established rights and 
     freedoms of Hong Kong residents provided in the Joint 
     Declaration and the Basic Law, constitutes a violation of 
     commitments made by the PRC under international law: Now, 
     therefore, be it
       Resolved, That the House of Representatives--
       (1) underscores that democratic societies around the world 
     stand in solidarity with the people of Hong Kong, who face 
     grave threats to their inviolable rights and freedoms;
       (2) condemns the action by the People's Republic of China's 
     National People's Congress to advance national security 
     legislation for Hong Kong through irregular procedures, which 
     constitutes a violation of the letter and spirit of the Joint 
     Declaration, and the Basic Law which is the implementing 
     document of the Joint Declaration;
       (3) asserts that such actions by the People's Republic of 
     China undermine its credibility within the international 
     community, including the People's Republic of China's 
     credibility in honoring its commitments to international 
     agreements and respecting internationally recognized human 
     rights;
       (4) calls on the People's Republic of China to immediately 
     rectify provisions of the national security law inconsistent 
     with the Joint Declaration and other provisions of the Basic 
     Law including--
       (A) the judicial processes for national security cases; and
       (B) the law's asserted extraterritorial jurisdiction; and
       (5) advises the President, the Secretary of State, and the 
     Secretary of Treasury to coordinate with allies and partners 
     to respond to developments in Hong Kong, including by--
       (A) appointing a United Nations Special Envoy for Hong 
     Kong;
       (B) encouraging all relevant United Nations special 
     rapporteurs to closely monitor and report on People's 
     Republic of China's policies in Hong Kong, including the 
     Special

[[Page H5878]]

     Rapporteur on freedom of opinion and expression, the Special 
     Rapporteur on freedom of peaceful assembly and of 
     association, the Special Rapporteur on human rights 
     defenders, the Special Rapporteur on the independence of 
     judges and lawyers, the Special Rapporteur on the promotion 
     and protection of human rights and fundamental freedoms while 
     countering terrorism, the Special Rapporteur on torture, and 
     the Working Group on arbitrary detention;
       (C) providing Hong Kong residents who face well-founded 
     fears of persecution an opportunity to emigrate from, or not 
     be compelled to return to, Hong Kong;
       (D) condemning the People's Republic of China for 
     promulgating national security legislation in Hong Kong which 
     contravenes the Joint Declaration and the Basic Law; and
       (E) establishing other measures, including economic 
     sanctions, to hold the People's Republic of China accountable 
     for contravention of international law and human rights norms 
     with respect to Hong Kong.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Engel) and the gentleman from Florida (Mr. Yoho) each will 
control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. ENGEL. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days in which to revise and extend their remarks and 
include in the Record extraneous material on H. Res. 1033, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York.
  There was no objection.
  Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am proud to have authored this bipartisan resolution 
with my friend, Ranking Member McCaul. This summer, Beijing imposed a 
national security law in Hong Kong, the latest step in Xi Jinping's 
campaign to undermine Hong Kong's autonomy and criminalize any 
opposition.
  In the last few weeks, we have seen China escalate efforts to squash 
all dissent and attack Hong Kongers' rights. They have rounded up and 
arrested prodemocracy activists in Hong Kong and even issued an arrest 
warrant for a U.S. citizen. They have purged prodemocracy duly elected 
leaders from the Legislative Council of Hong Kong, one of the most 
important democratic institutions in the city and the single greatest 
example of the one country, two systems framework under attack from 
Beijing.
  The Chinese Government's actions violate the will of the Hong Kong 
people and Beijing's commitment to the international community made 
under the Sino-British Joint Declaration. H. Res. 1033 condemns 
Beijing's effort to further erode Hong Kong's autonomy, undermine its 
independent judiciary, and oppress its people.
  This measure urges the administration to work with our allies and 
partners to hold China accountable for its flagrant violations of 
international law and assaults on Hong Kongers and their fundamental 
rights.
  It also pushes for emigration options for Hong Kongers facing well-
founded fears of persecution. This resolution is an important 
demonstration of our bipartisan commitment to democratic freedoms in 
Hong Kong.
  Mr. Speaker, I hope all of my colleagues will join me in supporting 
its passage, and I reserve the balance of my time.
  Mr. YOHO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in strong support of H. Res. 1033, Chairman 
Engel's resolution condemning the violation of Hong Kong's freedom. On 
June 30, the Chinese Communist Party, or the CCP, used its sham 
legislature to enforce a dystopian national security law on Hong Kong.
  This law criminalizes basic civil liberties, destroyed the one 
country, two systems model of autonomy for Hong Kong, and inserts the 
CCP's police state in Hong Kong to crush dissent. After more than a 
year of a prodemocracy movement that inspired people around the world 
to fight for liberty over tyranny, this law was the CCP's response.
  Rather than tolerate criticism and consider reform, they doubled down 
on totalitarianism. The CCP violated their international obligations, 
obliterated Hong Kong's freedom, and shredded the Sino-British Treaty 
that guaranteed human rights in Hong Kong.
  Since the law was enacted, we have seen countless young people 
arrested for free speech. Others have disappeared into mainland Chinese 
black prisons. The CCP has canceled elections to prevent opposition 
victories. Just last week, the CCP used its sham legislature to assert 
full control over the Legislative Council of Hong Kong, destroying Hong 
Kong's last remaining shreds of self-government.
  They know that the Communist Party cannot survive with free-thinking 
people. The CCP's human rights abuses in Hong Kong are far from over, 
but neither is Hong Kong's fight for freedom.
  Chairman Engel's resolution continues our bipartisan work to call out 
the CCP's abuse and stand with Hong Kong.
  Mr. Speaker, I urge my colleagues to support this measure, and I 
reserve the balance of my time.

                              {time}  1230

  Mr. ENGEL. Mr. Speaker, I want to again thank the ranking member. I 
thank the gentleman from Florida (Mr. Yoho) for joining with me to 
introduce this measure condemning Beijing's violations of international 
law and attacks on Hong Kong's democratic freedoms. It is really 
important that we speak with one voice--both Democrats and 
Republicans--to let Beijing know that we are not just going to close 
our eyes to what they are doing to the people of Hong Kong.
  Mr. Speaker, I urge all my colleagues to support this very important 
resolution, and I yield back the balance of my time.
  Mr. YOHO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, sadly, we no longer see American flags flying over the 
thousands of protesters in the streets of Hong Kong. Displaying our 
symbol of liberty has become a criminal act punishable by life in 
prison. But even though the freedom-loving people of Hong Kong can no 
longer ask for our support, we still hear their call. It is more 
important than ever to continue to stand with Hong Kong.
  So, Mr. Speaker, I thank Chairman Engel for offering this resolution, 
I urge my colleagues to support this measure, and I yield back the 
balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Engel) that the House suspend the rules 
and agree to the resolution, H. Res. 1033, 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 
Condemning acts by the People's Republic of China and the Government of 
the Hong Kong Special Administrative Region that violate fundamental 
rights and freedoms of Hong Kong residents as well as acts that 
undermine Hong Kong's high degree of autonomy''.
  A motion to reconsider was laid on the table.

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