[Congressional Record (Bound Edition), Volume 150 (2004), Part 10]
[Senate]
[Pages 13453-13454]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          FREEDOM IN HONG KONG

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 494, S.J. Res. 
33.
  The PRESIDING OFFICER. The clerk will report the joint resolution by 
title.
  The legislative clerk read as follows:

       A joint resolution (S.J. Res. 33) expressing support for 
     freedom in Hong Kong.

  There being no objection, the Senate proceeded to consider the joint 
resolution, which had been reported from the Committee on Foreign 
Relations with an amendment and an amendment to the preamble.
  [Strike the parts shown in black brackets and insert parts shown in 
italic.]

                              S.J. Res. 33

       [Whereas according to the April 1, 2004, ``U.S.-Hong Kong 
     Policy Act Report'' by the Department of State, ``The United 
     States has strong interests in the protection of human rights 
     and the promotion of democratic institutions throughout the 
     world. The Hong Kong people share many values and interests 
     with Americans and have worked to make Hong Kong a model of 
     what can be achieved in a society based on the rule of law 
     and respect for civil liberties'';
       [Whereas according to section 103(3) of the United States-
     Hong Kong Policy Act of 1992 (22 U.S.C. 5713(3)), ``The 
     United States should continue to treat Hong Kong as a 
     territory which is fully autonomous from the United Kingdom 
     and, after June 30, 1997, should

[[Page 13454]]

     treat Hong Kong as a territory which is fully autonomous from 
     the People's Republic of China with respect to economic and 
     trade matters'';
       [Whereas the Government of the Hong Kong Special 
     Administrative Region (SAR) and the People's Republic of 
     China have frustrated the gradual and orderly process toward 
     universal suffrage and the democratic election of the 
     legislature and chief executive in Hong Kong as envisioned by 
     the Basic Law of the Hong Kong SAR; and
       [Whereas the Standing Committee of the National People's 
     Congress of the People's Republic of China on April 6, 2004, 
     declared itself, as opposed to the people of Hong Kong, the 
     final arbiter of democratic reform: Now, therefore, be it]
       Whereas according to the April 1, 2004, report by the 
     Department of State entitled U.S.-Hong Kong Policy Act 
     Report, ``The United States has strong interests in the 
     protection of human rights and the promotion of democratic 
     institutions throughout the world. The Hong Kong people share 
     many values and interests with Americans and have worked to 
     make Hong Kong a model of what can be achieved in a society 
     based on the rule of law and respect for civil liberties'';
       Whereas according to section 103(3) of the United States-
     Hong Kong Policy Act of 1992 (22 U.S.C. 5713(3)), ``The 
     United States should continue to treat Hong Kong as a 
     territory which is fully autonomous from the United Kingdom 
     and, after June 30, 1997, should treat Hong Kong as a 
     territory which is fully autonomous from the People's 
     Republic of China with respect to economic and trade 
     matters'';
       Whereas the People's Republic of China has frustrated the 
     gradual and orderly process toward universal suffrage and the 
     democratic election of the legislature and chief executive in 
     Hong Kong as envisioned by the Basic Law of the Hong Kong 
     SAR; and
       Whereas on April 6, 2004, the Standing Committee of the 
     National People's Congress of the People's Republic of China 
     declared itself, as opposed to the people of Hong Kong, the 
     final arbiter of democratic reform and, on April 26, 2004, 
     declared that universal suffrage would not apply to the 
     election of the third Chief Executive in 2007 or to the 
     election of all members of the fourth Legislative Council in 
     2008: Now, therefore, be it
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, [That 
     Congress--
       [(1) declares that the people of Hong Kong should be free 
     to determine the pace and scope of constitutional 
     developments; and
       [(2) calls upon the President of the United States to--
       [(A) call upon the People's Republic of China, the National 
     People's Congress, and any groups appointed by the Government 
     of the People's Republic of China to guarantee that all 
     revisions of Hong Kong law are made according to the wishes 
     of the people of Hong Kong as expressed through a fully 
     democratically elected legislature and chief executive;
       [(B) declare that the continued lack of a fully 
     democratically elected legislature in Hong Kong constitutes a 
     violation of the Agreement between 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, done at Bejing December 19, 1984 (the Sino-
     British Joint Declaration of 1984); and
       [(C) call upon the Government of the People's Republic of 
     China to honor its treaty obligations under the Sino-British 
     Joint Declaration of 1984.]
       That Congress--
       (1) declares that the people of Hong Kong should be free to 
     determine the pace and scope of constitutional developments; 
     and
       (2) calls upon the President of the United States to--
       (A) call upon the People's Republic of China, the National 
     People's Congress, and any groups appointed by the Government 
     of the People's Republic of China to guarantee that all 
     revisions of Hong Kong law reflect the wishes of the people 
     of Hong Kong as expressed through a fully democratically 
     elected legislature and chief executive;
       (B) declare that the continued lack of a fully 
     democratically elected legislature in Hong Kong is contrary 
     to the vision of democracy set forth in the Agreement between 
     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, done at Bejing 
     December 19, 1984 (the Sino-British Joint Declaration of 
     1984); and
       (C) call upon the Government of the People's Republic of 
     China to honor its treaty obligations under the Sino-British 
     Joint Declaration of 1984.

  Mr. FRIST. Mr. President, I ask unanimous consent that the Feinstein 
amendment at the desk be agreed to, the committee amendment, as 
amended, be agreed to, the resolution, as amended, be read three times 
and passed, the preamble, as amended, be agreed to, the motions to 
reconsider be laid upon the table en bloc, and any statements relating 
to the joint resolution be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3473) was agreed to, as follows:

   (Purpose: To express support for democratic activity in Hong Kong)

       On page 5, line 6, strike ``all''.
       On page 5, line 8, strike ``a fully'' and insert 
     ``universal suffrage and a''.
       On page 5, beginning on line 11, strike all through line 
     23, and insert the following:
       (B) declare that the lack of movement towards universal 
     suffrage and a democratically elected legislature in Hong 
     Kong is contrary to the vision of democracy set forth in the 
     Basic Law of the Hong Kong Special Administrative Region and 
     in the Agreement between 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, 
     done at Beijing, December 19, 1984 (the Sino-British Joint 
     Declaration of 1984); and
       (C) call upon the Standing Committee of the National 
     People's Congress to guarantee that the Hong Kong Government 
     develop and implement a plan and timetable to achieve 
     universal suffrage and the democratic election of the 
     legislature and chief executive of Hong Kong as provided for 
     in the Basic Law of the Hong Kong Special Administrative 
     Region, promulgated on July 1, 1997.

  The committee amendment, as amended, was agreed to.
  The joint resolution (S.J. Res. 33), as amended, was read the third 
time and passed.
  The preamble, as amended, was agreed to.
  The joint resolution, with its preamble, reads as follows:

                              S.J. Res. 33

       Whereas according to the April 1, 2004, report by the 
     Department of State entitled U.S.-Hong Kong Policy Act 
     Report, ``The United States has strong interests in the 
     protection of human rights and the promotion of democratic 
     institutions throughout the world. The Hong Kong people share 
     many values and interests with Americans and have worked to 
     make Hong Kong a model of what can be achieved in a society 
     based on the rule of law and respect for civil liberties'';
       Whereas according to section 103(3) of the United States-
     Hong Kong Policy Act of 1992 (22 U.S.C. 5713(3)), ``The 
     United States should continue to treat Hong Kong as a 
     territory which is fully autonomous from the United Kingdom 
     and, after June 30, 1997, should treat Hong Kong as a 
     territory which is fully autonomous from the People's 
     Republic of China with respect to economic and trade 
     matters'';
       Whereas the People's Republic of China has frustrated the 
     gradual and orderly process toward universal suffrage and the 
     democratic election of the legislature and chief executive in 
     Hong Kong as envisioned by the Basic Law of the Hong Kong 
     SAR; and
       Whereas on April 6, 2004, the Standing Committee of the 
     National People's Congress of the People's Republic of China 
     declared itself, as opposed to the people of Hong Kong, the 
     final arbiter of democratic reform and, on April 26, 2004, 
     declared that universal suffrage would not apply to the 
     election of the third Chief Executive in 2007 or to the 
     election of all members of the fourth Legislative Council in 
     2008: Now, therefore, be it
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That 
     Congress--
       (1) declares that the people of Hong Kong should be free to 
     determine the pace and scope of constitutional developments; 
     and
       (2) calls upon the President of the United States to--
       (A) call upon the People's Republic of China, the National 
     People's Congress, and any groups appointed by the Government 
     of the People's Republic of China to guarantee that revisions 
     of Hong Kong law reflect the wishes of the people of Hong 
     Kong as expressed through universal suffrage and a 
     democratically elected legislature and chief executive;
       (B) declare that the lack of movement towards universal 
     suffrage and a democratically elected legislature in Hong 
     Kong is contrary to the vision of democracy set forth in the 
     Basic Law of the Hong Kong Special Administrative Region and 
     in the Agreement between 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, 
     done at Beijing, December 19, 1984 (the Sino-British Joint 
     Declaration of 1984); and
       (C) call upon the Standing Committee of the National 
     People's Congress to guarantee that the Hong Kong Government 
     develop and implement a plan and timetable to achieve 
     universal suffrage and the democratic election of the 
     legislature and chief executive of Hong Kong as provided for 
     in the Basic Law of the Hong Kong Special Administrative 
     Region, promulgated on July 1, 1997.

                          ____________________