[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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