[Congressional Record (Bound Edition), Volume 150 (2004), Part 13]
[House]
[Pages 18148-18151]
[From the U.S. Government Publishing Office, www.gpo.gov]




              EXPRESSING SUPPORT FOR FREEDOM IN HONG KONG

  Ms. ROS-LEHTINEN. Mr. Speaker, I move to suspend the rules and agree 
to the resolution (H. Res. 667) expressing support for freedom in Hong 
Kong.
  The Clerk read as follows:

                              H. Res. 667

       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, That the House of Representatives--
       (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 Beijing on 
     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Florida (Ms. Ros-Lehtinen) and the gentleman from California (Mr. 
Lantos) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Florida (Ms. Ros-Lehtinen).


                             General Leave

  Ms. ROS-LEHTINEN. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on the resolution under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Florida?
  There was no objection.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise today in strong support of House Resolution 667 expressing 
support for freedom in Hong Kong. This resolution comes to the floor at 
an important time. Yesterday, the people of Hong Kong went to the polls 
to elect the members of their Legislative Council, and for the first 
time in Hong Kong's history, half of the seats in the Legislative 
Council were directly elected through universal suffrage.
  Unfortunately, the remaining seats are still distributed among a 
cadre of narrow constituencies that receive disproportionate power over 
Hong Kong's governance. The people of Hong Kong, along with all other 
human beings, deserve universal suffrage and full, complete democracy. 
There is no city in the world that is better equipped to make the 
transition to self-governance.
  Renowned for its open economy, transparency, and excellent rule of 
law, Hong Kong is widely regarded as the freest economy in the world. 
Hong Kong is also celebrated for its tradition of respect for civil 
liberties, including freedom of speech, freedom of assembly, and 
freedom of religion.
  However, despite a rich tradition of democratic values, the people of 
Hong Kong still lack the most basic of freedoms, the freedom to elect 
their own government. This year's massive pro-democracy march on July 1 
attracted half a million of Hong Kong's residents. It was powerful 
evidence that the people of Hong Kong are interested in far more than 
just economic prosperity. The record voter turnout in yesterday's 
legislative elections was further proof that the people of Hong Kong 
want to participate in the political process.
  The people of Hong Kong have already been promised universal suffrage 
in their mini-constitution, known as the ``Basic Law,'' but the 
document fails to outline a timetable for full democracy.
  Last April, Hong Kong's legislature was robbed of its tremendous 
opportunity to implement complete democracy when the People's Republic 
of China abused its authority to reinterpret Hong Kong's ``Basic Law.'' 
The National People's Congress in Beijing made the decision that Hong 
Kong could not have universal suffrage in the election of the chief 
executive in 2007 and in the election of the legislature in the year 
2008. This outrageous decision unacceptably interfered in Hong Kong's 
internal affairs, it halted the city's orderly progress toward 
universal suffrage and crushed the democratic aspirations of the people 
of Hong Kong. Beijing proved yet again that it cannot be trusted to 
keep its commitments.
  Last summer, the Chinese Communist Party tried to exert more 
authority over Hong Kong by pushing through anti-sedition legislation 
that could be used to target groups such as the Falun Gong. Thankfully, 
a people's power movement in Hong Kong stopped this legislation from 
going forward.
  Last winter, the Chinese news media launched vicious attacks against 
pro-democracy legislators in Hong Kong, using vitriolic rhetoric that 
harkened back to the days of China's cultural revolution. In the 
spring, freedom of the press in Hong Kong was compromised when three 
prominent radio talk show hosts resigned from their talk shows due to 
intimidation and threats relating to their participation in the 
democracy movement.
  Over the past year, there have been numerous reports of vandalism 
against pro-democracy legislators. Even yesterday's election was marred 
by accounts of voter intimidation, as is documented in a recent report 
published by Human Rights Watch. Such tactics show that the Chinese 
Communist Party continues to distort the truth, relies on intimidation 
to control the people, and rules by coercion. While Beijing may not 
have directly precipitated all of these events, they have certainly 
fomented the sentiment behind them.

[[Page 18149]]

  It is my hope that the people of Hong Kong will soon realize their 
hope for democracy. We congratulate them on the completion of 
yesterday's election and call on the PRC to respect the ``one country, 
two systems'' model and allow the people of Hong Kong to come up with a 
timetable for democratic reform.
  Mr. Speaker, I hope that my colleagues will join me in supporting the 
people of Hong Kong as they work to realize their hope of real 
democracy.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I strongly support this important resolution and urge 
all of my colleagues to do so as well, and I would first like to 
commend the gentleman from California (Mr. Cox) for introducing this 
important and timely resolution. The gentleman from California (Mr. 
Cox) is a fighter for human rights and democracy in Asia and throughout 
the world, and I am delighted to support this resolution.
  Mr. Speaker, when Hong Kong reverted to Chinese control in 1997, some 
of us who cared deeply about the future of Hong Kong went to witness 
that event. We feared that the Chinese government would not be true to 
its word that the people of Hong Kong would be able to maintain their 
free and open way of life and that they would be free of interference 
from the Mainland government. My worst fears about China's intentions 
have now materialized.
  On the surface, much about Hong Kong remains the same. The people of 
Hong Kong continue to play a role in the running of their economy. Just 
this past weekend, elections were held for half of the seats of the 
Legislative Council. Opposition is strong and growing in the Hong Kong 
legislature, and the local press often criticizes those who govern Hong 
Kong. But, Mr. Speaker, there are very troubling signs that the Chinese 
government has lost its patience with Hong Kong's independent way of 
life and is moving steadily to bring the people of Hong Kong under the 
firm grip of Beijing.
  Last year, hundreds of thousands of Hong Kong citizens turned out on 
the streets after the Hong Kong government at the Mainland's demand 
attempted to erode civil liberties in the name of protecting national 
security. Three prominent members of the press who often criticize the 
Chinese government recently resigned their positions after threats were 
made to the safety of their families.
  And, Mr. Speaker, the Chinese government recently declared that 
universal suffrage would not apply to the election of the chief 
executive in 2007 or to the election of members of the Legislative 
Council in 2008. Despite the solemn promise of the Sino-British Joint 
Declaration that democratic reform would continue in Hong Kong towards 
universal suffrage, the Chinese government has clearly had enough of 
Hong Kong's independent voices.
  The Chinese leadership fights full democracy in Hong Kong for a very 
simple reason: they fully understand that Hong Kong would thrive and 
prosper under a fully democratic government. Such democratic success 
would make it impossible to tell the rapidly growing middle class in 
Shanghai, Beijing, and other cities throughout China that the Chinese 
people are not ready for open and free elections and that chaos would 
ensue should such elections occur.
  Yesterday's election results from Hong Kong demonstrate clearly the 
need for fundamentally changing Hong Kong's electoral system. Even 
though Hong Kong democrats made gains in the elections, they can never 
win a majority in the Legislative Council because half the seats are 
chosen by pro-Beijing committees, not the people of Hong Kong. This 
situation is unacceptable.
  Our resolution makes clear that the United States is deeply 
dissatisfied with these negative trends in Hong Kong, particularly the 
Chinese government's refusal to ensure that all elected officials in 
Hong Kong are elected by popular vote. It also calls upon the Chinese 
government to honor its treaty obligations under the Sino-British Joint 
Declaration.

                              {time}  1445

  Mr. Speaker, it remains my modest hope that the Chinese government 
will recognize the error of its current approach to Hong Kong and give 
the people of Hong Kong the full democracy they so richly deserve. I 
support this resolution.
  Mr. Speaker, I reserve the balance of my time.
  Ms. ROS-LEHTINEN. Mr. Speaker, I am proud to yield such time as he 
may consume to the gentleman from California (Mr. Cox), the principal 
sponsor and the author of this resolution.
  Mr. COX. Mr. Speaker, I thank the gentlewoman from Florida for 
yielding me this time. I thank the gentleman from California (Mr. 
Lantos) for his kind words but mostly for his strong efforts in behalf 
of not only democracy in Hong Kong but around the world. I rise in 
support of H. Res. 667, which expresses the sense of this House in 
support of freedom and democracy and self-determination for the people 
of Hong Kong.
  Nearly 2 million of Hong Kong's 7 million people voted yesterday and 
pro-democracy advocates won 25 out of the 30 seats that they were 
eligible to compete for. But the other half of the 60 seats in the 
LegCo were not elected through universal suffrage because those seats 
were decided by so-called functional constituencies, effectively 
controlled by Beijing. Many observers have compared the functional 
constituencies to Britain's ``rotten boroughs,'' where a handful of 
malleable voters held all the power.
  Genuine democracy should be allowed under Beijing's oft repeated 
slogan of ``one country, two systems.'' It ought to be allowed because 
it is what the people of Hong Kong want. But at present neither Hong 
Kong's chief executive nor most of its lawmakers are democratically 
elected. Hong Kong Chief Executive Tung Chee Hwa, shortly after taking 
power in 1997, assured this Congressman and the United States Congress 
that, quote, further democratic evolution will depend on the wish of 
the Hong Kong people. Seven years later, the People's Republic of China 
has not made good on that promise.
  We have been here before.
  Last year, the House passed H. Res. 277, responding to a direct 
threat against freedom in Hong Kong, a Communist-backed law designed to 
restrict free speech and civil liberties in the guise of punishing 
subversion. Just days later, more than a half million people in Hong 
Kong demonstrated against the proposed law. In combination with 
American and international outrage, this courageous demonstration of 
people power resulted in a tactical victory for freedom. The law so far 
remains shelved.
  But this year Beijing has returned with a new tactic. Since it is 
easier simply to prevent democratic elections than it is to completely 
crush free speech, the Communist regime simply ruled out any 
possibility of democratic elections for chief executive in 2007 and for 
the legislature in 2008. They did this on April 6 of this year without 
even consulting the people of Hong Kong as is required by the basic 
law. This new interpretation of the basic law bars the legislature of 
Hong Kong from any actions towards electoral reform until Beijing has 
granted its blessings. Beijing then sought to ensure that what little 
democracy the people of Hong Kong were allowed to exercise would be 
severely manipulated.
  These intentions became clear on May 5 of this year. On that day, 
just a few months ago, the People's Republic of China sailed eight PLA 
warships down Victoria Harbor in Hong Kong. This overt show of military 
force, which was the first time that this has happened since the 
handover in 1997, included four frigates, two submarines, two 
destroyers, and all the sailors standing at attention atop their 
vessels. The display left little doubt as to how seriously the 
Communist regime viewed the question of fully democratic elections and 
their intention not to have them.
  At the same time, the People's Republic of China began a campaign of

[[Page 18150]]

harassment and intimidation against Hong Kong's pro-democracy 
activists. As my colleague from Florida (Ms. Ros-Lehtinen) has 
described, in early May of this year Albert Cheung, a well-known radio 
host and columnist, was forced to flee Hong Kong after receiving 
threats against his life from PRC officials. Mr. Cheung left behind an 
audio recording. It detailed threats of violence made against him and 
his family. Shortly thereafter, his replacement on the show, Allen Lee, 
was also forced to quit broadcasting, citing the need to protect his 
family. He received a late-night threat by telephone from a PRC 
official who referred pointedly to his wife and his daughter. Media 
outlets in Hong Kong have been silenced through commercial pressure for 
supporting or even just reporting on democratic views. Chinese property 
developers, for instance, boycotted advertising in the Chinese language 
Apple Daily newspaper for daring to report on the July 1 pro-democracy 
demonstrations. This industry has always been the largest ad buyer for 
the paper. Pro-democracy legislative candidate Alex Ho was detained 
under suspicious circumstances on a business trip to the mainland in 
early August. He was accused of consorting with a prostitute and 
sentenced to 6 months without a trial. According to Asian media 
outlets, Hong Kong media moguls who steered their outlets towards 
Beijing's wishes in the run-up to yesterday's elections have been 
rewarded with political titles and easier mainland China market access.
  In mid May, numerous Hong Kong voters called in to local radio shows 
to report that they were pressured to vote for Beijing's preferred 
candidates. Several callers reported being contacted by relatives on 
the mainland and told that if they did not vote for pro-Beijing 
candidates, their relatives on the mainland would face severe 
consequences. Human Rights Watch has recounted in a 42-page report on 
September 9 that one caller reported, quote, a senior staff member of 
my company asked me to vote for pro-Beijing candidates instead of pro-
democracy candidates. To make sure I have done that, he told me to take 
pictures of my completed ballot with my mobile phone camera.
  As the PRC learned to counter potential freedom through the Internet, 
so has it learned to twist the freedom of wireless communication into 
just another tool of oppression. On May 19, the office of legislator 
Leung Yiu-chung was defaced with excrement. This vandalism closely 
followed Leung's support in the legislature for a pro-democracy 
resolution. In June, vandals set fire to election posters in the office 
of pro-democracy legislator Emily Lau and wrote, quote, Chinese 
traitors must die on the wall outside.
  In July, Hong Kong's Independent Commission Against Corruption, an 
anticorruption body admired worldwide, became just another blunt 
instrument of Communist rule, raiding the offices of local newspapers, 
including the South China Morning Post, Apple Daily, Oriental Daily 
News, the Sun, and Sing Tao. Even the ostensibly pro-Communist Ta Kung 
Pao newspaper was not spared. Some investigators remained on the scene 
for up to 10 hours. Journalists' homes were searched and many were not 
so cordially invited for further questioning. Since the commission is 
answerable to Hong Kong's unelected chief executive, C.H. Tung, it is 
unlikely that orders came anywhere but from the top.
  All these examples constitute a strange melding of criminal elements. 
The director of the Hong Kong Human Rights Monitor, Law Yuk-kai, has 
said, quote, we believe the Ministry of State Security and Hong Kong 
triads are collaborating in this political violence and intimidation. 
Yet this campaign of intimidation and harassment had a goal more 
important than simply winning yesterday's elections. It was about the 
PRC making Hong Kong voters understand that supporting democratic 
forces carries a heavy price. Despite the very real threats from the 
Communist regime, the people of Hong Kong still went to the polls in 
record numbers and they returned a near totality of the democratically 
elected seats in the LegCo. The people of Hong Kong have shown that 
they will not be intimidated or silenced.
  Stephen Vines wrote in the Hong Kong Standard on August 4, 2004, 
``Those of us who work in the media have been accused of crying wolf 
far too often, but maybe we have not cried wolf often enough.'' 
According to Vines, the way to prevent such erosions of freedom is not 
to wait for dramatic events like editors being murdered in Russia or 
newspapers being forcibly closed in mainland China. ``If we need to 
wait for the worst before speaking out,'' he said, ``we will have 
waited too long.''
  More than 400 academics declared in an advertisement in the Apple 
Daily newspaper on May 27 that, quote, in the face of autocratic and 
political pressure, we will not be silent. The people of Hong Kong know 
that they must defend their democracy and their way of life against 
Communist oppression. Now it is up to us to remind them that the 
American people stand with them.
  This House demands that Beijing guarantee 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. A high 
degree of autonomy is what was promised to the people of Hong Kong in 
the 1984 Sino-British Joint Declaration. Hong Kong's Basic Law 
stipulates that Beijing has authority over defense and foreign affairs 
but that Hong Kong itself should have autonomy for most domestic 
affairs, driven by an independent electoral democracy. Beijing's 
attempts this year, as in the past, constitute a blatant violation of 
the rights of the people of Hong Kong, of the Basic Law and of the 
People's Republic of China's treaty obligations.
  An act of this Congress, the U.S.-Hong Kong Policy Act, directly ties 
our commercial interests in Hong Kong to the freedom of Hong Kong's 
people. The President of the United States has the authority under the 
act to suspend many of the special treatments we extend to the 
territory in areas including export controls, customs, air service and 
cultural and educational exchange because Beijing's ham-fisted 
violation of the Hong Kong autonomy violates that act. The Communists 
were caught off guard by the massive popular demonstrations in July, 
both this year and last. For ages, Beijing has maintained the belief 
that any complaints about autonomy and democracy were really veiled 
economic frustrations, that the people of Hong Kong could be satisfied 
with some economic sweeteners. Now perhaps the Communist regime may 
begin to understand. Business interests can be purchased and 
bureaucratic machinery can be controlled, but the hearts and minds of 
the people of Hong Kong are not for sale.
  Mr. Speaker, yesterday's elections were part of a broader fight for 
the soul of Hong Kong and ultimately the future of China. We believe 
that Communist China must follow Hong Kong's example of freedom, not 
the other way around. Hong Kong's 7 million people remain the best hope 
for freedom and democracy for billions of other people in China and 
throughout Asia.
  Mr. STEARNS. Mr. Speaker, I rise today in strong support of H. Res. 
667. H. Res. 667 comes to us today after an unprecedented turnout in 
Hong Kong's election, which were held on Sunday, September 12, 2004. 
Democracy-oriented candidates benefited from a record voter turnout in 
an election viewed widely as a symbolic clash between the differing 
value systems of communist China and Hong Kong. This turnout is an 
important next step for the citizens of Hong Kong and their ability to 
choose their leaders in future elections. H. Res. 667 seeks to continue 
toward the path of a democratic elected legislature and calls upon the 
People's Republic of China to honor their obligations to Hong Kong. I 
urge my colleagues to support this resolution and support the people of 
Hong Kong in their quest toward freedom from the captivity of the 
People's Republic of China.
  Mr. LANTOS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Ms. ROS-LEHTINEN. Mr. Speaker, I congratulate the gentleman from 
California (Mr. Cox) for his resolution.
  Mr. Speaker, I also have no further requests for time, and I yield 
back the balance of my time.

[[Page 18151]]

  The SPEAKER pro tempore (Mr. Aderholt). The question is on the motion 
offered by the gentlewoman from Florida (Ms. Ros-Lehtinen) that the 
House suspend the rules and agree to the resolution, H. Res. 667.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. LANTOS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________