Chapter 66 · United states-hong kong policy
Subchapter II · Status of hong kong in united states law
5721Continued application of United States law#
(a)Notwithstanding any change in the exercise of sovereignty over Hong Kong, the laws of the United States shall continue to apply with respect to Hong Kong, on and after July 1, 1997, in the same manner as the laws of the United States were applied with respect to Hong Kong before such date unless otherwise expressly provided by law or by Executive order under section 5722 of this title.
(b)For all purposes, including actions in any court in the United States, the Congress approves the continuation in force on and after July 1, 1997, of all treaties and other international agreements, including multilateral conventions, entered into before November 27, 2019, between the United States and Hong Kong, or entered into before November 27, 2019, between the United States and the United Kingdom and applied to Hong Kong, unless or until terminated in accordance with law. If in carrying out this subchapter, the President determines that Hong Kong is not legally competent to carry out its obligations under any such treaty or other international agreement, or that the continuation of Hong Kong’s obligations or rights under any such treaty or other international agreement is not appropriate under the circumstances, such determination shall be reported to the Congress in accordance with section 5731 of this title.
5722Presidential order#
(a)On or after July 1, 1997, whenever the President determines that Hong Kong is not sufficiently autonomous to justify treatment under a particular law of the United States, or any provision thereof, different from that accorded the People’s Republic of China, the President may issue an Executive order suspending the application of section 5721(a) of this title to such law or provision of law.
(b)In making a determination under subsection (a) with respect to the application of a law of the United States, or any provision thereof, to Hong Kong, the President should consider the terms, obligations, and expectations expressed in the Joint Declaration with respect to Hong Kong.
(c)Any Executive order issued under subsection (a) shall be published in the Federal Register and shall specify the law or provision of law affected by the order.
(d)An Executive order issued under subsection (a) may be terminated by the President with respect to a particular law or provision of law whenever the President determines that Hong Kong has regained sufficient autonomy to justify different treatment under the law or provision of law in question. Notice of any such termination shall be published in the Federal Register.
5723Rules and regulations#
The President is authorized to prescribe such rules and regulations as the President may deem appropriate to carry out this chapter.
5724Consultation with Congress#
In carrying out this subchapter, the President shall consult appropriately with the Congress.
5725Secretary of State report regarding the autonomy of Hong Kong#
(a)
(1)Except as provided in subsection (b), the Secretary of State, on at least an annual basis, and in conjunction with the report required under section 5731 of this title, shall issue a certification to Congress that—
(B)addresses—
(i)commercial agreements;
(ii)law enforcement cooperation, including extradition requests;
(iii)sanctions enforcement;
(iv)export controls, and any other agreements and forms of exchange involving dual use, critical, or other sensitive technologies;
(v)any formal treaties or agreements between the United States and Hong Kong;
(vi)other areas of bilateral cooperation that the Secretary determines to be relevant; and
(vii)decision-making within the Government of Hong Kong, including executive, legislative, and judicial structures, including—
(I)freedom of assembly;
(II)freedom of speech;
(III)freedom of expression; and
(IV)freedom of the press, including the Internet and social media;
(viii)universal suffrage, including the ultimate aim of the selection of the Chief Executive and all members of the Legislative Council by universal suffrage;
(ix)judicial independence;
(x)police and security functions;
(xi)education;
(xii)laws or regulations regarding treason, secession, sedition, subversion against the Central People’s Government of the People’s Republic of China, or theft of state secrets;
(xiii)laws or regulations regarding foreign political organizations or bodies;
(xiv)laws or regulations regarding political organizations; and
(xv)other rights enumerated in the Universal Declaration of Human Rights, done at Paris December 10, 1948, and the International Covenant on Civil and Political Rights, done at New York December 19, 1966; and
(C)includes—
(i)an assessment of the degree of any erosions to Hong Kong’s autonomy in each category listed in subparagraph (B) resulting from actions by the Government of the People’s Republic of China that are inconsistent with its commitments under the Basic Law or the Joint Declaration;
(ii)an evaluation of the specific impacts to any areas of cooperation between the United States and Hong Kong resulting from erosions of autonomy in Hong Kong or failures of the Government of Hong Kong to fulfill obligations to the United States under international agreements within the categories listed in subparagraph (B); and
(iii)a list of any specific actions taken by the United States Government in response to any erosion of autonomy or failures to fulfill obligations to the United States under international agreements identified in this certification and the report required under section 5731 of this title.
(2)In making each certification under paragraph (1), the Secretary of State should consider the terms, obligations, and expectations expressed in the Joint Declaration with respect to Hong Kong.
(3)The certification under section (1) shall be issued annually, but the Secretary may issue additional certifications at any time if the Secretary determines it is warranted by circumstances in Hong Kong.
(b)
(1)The Secretary of State may waive the application of subsection (a) if—
(A)the Secretary determines that such a waiver is in the national security interests of the United States; and
(B)on or before the date on which the waiver takes effect, the Secretary notifies the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives of the intent to waive such subsection;
(2)Except for the list of actions described in subsection (a)(1)(C)(iii), the Secretary of State may waive relevant parts of the application of subsection (a) if the President issues an Executive order under section 5722 of this title that suspends the application of any particular United States law to Hong Kong.
5726Treatment of Hong Kong applicants for visas to study or work in the United States#
(a)Notwithstanding any other provision of law, applications for visas to enter, study, or work in the United States, which are submitted by otherwise qualified applicants who resided in Hong Kong in 2014 and later, may not be denied primarily on the basis of the applicant’s subjection to politically-motivated arrest, detention, or other adverse government action.
(b)The Secretary of State shall take such steps as may be necessary to ensure that consular officers are aware of the policy described in subsection (a) and receive appropriate training and support to ensure that the policy is carried out so that affected individuals do not face discrimination or unnecessary delay in the processing of their visa applications, including—
(1)providing specialized training for all consular officers posted to the United States Embassy in Beijing or to any United States consulate in the People’s Republic of China, the Hong Kong Special Administrative Region, or the Macau Special Administrative Region;
(2)instructing the United States Consulate in Hong Kong to maintain an active list of individuals who are known to have been formally charged, detained, or convicted by the Government of Hong Kong Special Administrative Region or by the Government of the People’s Republic of China, or intermediaries of such governments, based on politically-motivated considerations related to their exercise of rights enumerated in the Universal Declaration of Human Rights, done at Paris December 10, 1948, or the International Covenant on Civil and Political Rights, done at New York December 19, 1966, to facilitate the cross-checking of visa applications for Hong Kong residents; and
(3)updating any relevant United States Government websites with information on the policy described in subsection (a).
(c)The Secretary of State shall contact appropriate representatives of other democratic countries, particularly those who receive a large number of applicants for student and employment visas from Hong Kong—
(1)to inform them of the United States policy regarding arrests for participation in nonviolent protests in Hong Kong; and
(2)to encourage them to take similar steps to ensure the rights of nonviolent protesters are protected from discrimination due to the actions of the Government of Hong Kong and of the Government of the People’s Republic of China.
III · Reporting provisions
5731Reporting requirement#
(a)Not later than March 31, 2019, and annually thereafter through 2024, the Secretary of State shall submit to the appropriate congressional committees a report on conditions in Hong Kong of interest to the United States. This report shall cover (in the case of the initial report) the period since October 5, 1992, or (in the case of subsequent reports) the period since the most recent report pursuant to this section and shall describe—
(3)the nature and extent of United States-Hong Kong cultural, education, scientific, and academic exchanges, both official and unofficial;
(4)the laws of the United States with respect to which the application of section 5721(a) of this title has been suspended pursuant to section 5722(a) of this title or with respect to which such a suspension has been terminated pursuant to section 5722(d) of this title, and the reasons for the suspension or termination, as the case may be;
(5)treaties and other international agreements with respect to which the President has made a determination described in the last sentence of section 5721(b) of this title, and the reasons for each such determination;
(6)significant problems in cooperation between Hong Kong and the United States in the area of export controls;
(7)the development of democratic institutions in Hong Kong; and
(8)the nature and extent of Hong Kong’s participation in multilateral forums.
(b)The report required by subsection (a) shall be submitted in unclassified form and shall be published on a publicly available website of the Department of State.
(c)In this section, the term “appropriate congressional committees” means—
(1)the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
(2)the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.
5732Separate part of country reports#
Whenever a report is transmitted to the Congress on a country-by-country basis there shall be included in such report, where applicable, a separate subreport on Hong Kong under the heading of the state that exercises sovereignty over Hong Kong. The reports to which this section applies include the reports transmitted under—
(1)sections 2151n(d) and 2304(b) of this title (relating to human rights);
(2)section 2241 of title 19 (relating to trade barriers); and
(3)section 4711 1 of title 15 (relating to economic policy and trade practices).
5701Findings and declarations#
The Congress makes the following findings and declarations:
(1)The Congress recognizes that under the 1984 Sino-British Joint Declaration:
(A)The People’s Republic of China and the United Kingdom of Great Britain and Northern Ireland have agreed that the People’s Republic of China will resume the exercise of sovereignty over Hong Kong on July 1, 1997. Until that time, the United Kingdom will be responsible for the administration of Hong Kong.
(B)The Hong Kong Special Administrative Region of the People’s Republic of China, beginning on July 1, 1997, will continue to enjoy a high degree of autonomy on all matters other than defense and foreign affairs.
(C)There is provision for implementation of a “one country, two systems” policy, under which Hong Kong will retain its current lifestyle and legal, social, and economic systems until at least the year 2047.
(E)Provision is made for the continuation in force of agreements implemented as of June 30, 1997, and for the ability of the Hong Kong Special Administrative Region to conclude new agreements either on its own or with the assistance of the Government of the People’s Republic of China.
(2)The Congress declares its wish to see full implementation of the provisions of the Joint Declaration.
(3)The President has announced his support for the policies and decisions reflected in the Joint Declaration.
(5)Support for democratization is a fundamental principle of United States foreign policy. As such, it naturally applies to United States policy toward Hong Kong. This will remain equally true after June 30, 1997.
(6)The human rights of the people of Hong Kong are of great importance to the United States and are directly relevant to United States interests in Hong Kong. A fully successful transition in the exercise of sovereignty over Hong Kong must safeguard human rights in and of themselves. Human rights also serve as a basis for Hong Kong’s continued economic prosperity.
5702Definitions#
For purposes of this chapter—
(2)the term “Joint Declaration” means 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, done at Beijing on December 19, 1984; and
(3)the term “laws of the United States” means provisions of law enacted by the Congress.
Subchapter I · Policy
5711Bilateral ties between United States and Hong Kong#
It is the sense of the Congress that the following, which are based in part on the relevant provisions of the Joint Declaration, should be the policy of the United States with respect to its bilateral relationship with Hong Kong:
(2)The United States should actively seek to establish and expand direct bilateral ties and agreements with Hong Kong in economic, trade, financial, monetary, aviation, shipping, communications, tourism, cultural, sport, and other appropriate areas.
(3)The United States should seek to maintain, after June 30, 1997, the United States consulate-general in Hong Kong, together with other official and semi-official organizations, such as the United States Information Agency American Library.
(4)The United States should invite Hong Kong to maintain, after June 30, 1997, its official and semi-official missions in the United States, such as the Hong Kong Economic & Trade Office, the Office of the Hong Kong Trade Development Council, and the Hong Kong Tourist Association. The United States should invite Hong Kong to open and maintain other official or semi-official missions to represent Hong Kong in those areas in which Hong Kong is entitled to maintain relations on its own, including economic, trade, financial, monetary, aviation, shipping, communications, tourism, cultural, and sport areas.
(5)The United States should recognize passports and travel documents issued after June 30, 1997, by the Hong Kong Special Administrative Region.
(6)The resumption by the People’s Republic of China of the exercise of sovereignty over Hong Kong after June 30, 1997, should not affect treatment of Hong Kong residents who apply for visas to visit or reside permanently in the United States, so long as such treatment is consistent with the Immigration and Nationality Act [8 U.S.C. 1101 et seq.].
5712Participation in multilateral organizations, rights under international agreements, and trade status#
It is the sense of the Congress that the following, which are based in part on the relevant provisions of the Joint Declaration, should be the policy of the United States with respect to Hong Kong after June 30, 1997:
(2)The United States should continue to fulfill its obligations to Hong Kong under international agreements, so long as Hong Kong reciprocates, regardless of whether the People’s Republic of China is a party to the particular international agreement, unless and until such obligations are modified or terminated in accordance with law.
(3)The United States should respect Hong Kong’s status as a separate customs territory, and as a WTO member country (as defined in section 3501(10) of title 19), whether or not the People’s Republic of China participates in the World Trade Organization (as defined in section 3501(8) of title 19).
5713Commerce between United States and Hong Kong#
It is the sense of the Congress that the following, which are based in part on the relevant provisions of the Joint Declaration, are and should continue after June 30, 1997, to be the policy of the United States with respect to commerce between the United States and Hong Kong:
(2)The United States should continue to negotiate directly with Hong Kong to conclude bilateral economic agreements.
(5)The United States should recognize certificates of origin for manufactured goods issued by the Hong Kong Special Administrative Region.
(6)The United States should continue to allow the United States dollar to be freely exchanged with the Hong Kong dollar.
(8)The United States should continue to support access by Hong Kong to sensitive technologies controlled under the agreement of the Coordinating Committee for Multilateral Export Controls (commonly referred to as “COCOM”) for so long as the United States is satisfied that such technologies are protected from improper use or export.
(9)The United States should encourage Hong Kong to continue its efforts to develop a framework which provides adequate protection for intellectual property rights.
(10)The United States should negotiate a bilateral investment treaty directly with Hong Kong, in consultation with the Government of the People’s Republic of China.
5714Transportation#
It is the sense of the Congress that the following, which are based in part on the relevant provisions of the Joint Declaration, should be the policy of the United States after June 30, 1997, with respect to transportation from Hong Kong:
(2)The United States should continue to recognize ships registered by Hong Kong.
(4)The United States should continue to recognize airplanes registered by Hong Kong in accordance with applicable laws of the People’s Republic of China.
(7)The United States should negotiate at the appropriate time directly with the Hong Kong Special Administrative Region, acting under authorization from the Government of the People’s Republic of China, to renew or amend all air service agreements existing on June 30, 1997, and to conclude new air service agreements affecting all flights to, from, or through the Hong Kong Special Administrative Region which do not involve travel to, from, or through other parts of the People’s Republic of China.
(8)The United States should make every effort to ensure that the negotiations described in paragraph (7) lead to procompetitive air service agreements.
5715Cultural and educational exchanges#
It is the sense of the Congress that the following, which are based in part on the relevant provisions of the Joint Declaration, are and should continue after June 30, 1997, to be the policy of the United States with respect to cultural and educational exchanges with Hong Kong:
(2)The United States should actively seek to further United States-Hong Kong cultural relations and promote bilateral exchanges, including the negotiating and concluding of appropriate agreements in these matters.
(3)Hong Kong should be accorded separate status as a full partner under the Fulbright Academic Exchange Program (apart from the United Kingdom before July 1, 1997, and apart from the People’s Republic of China thereafter), with the continuation or establishment of a Fulbright Commission or functionally equivalent mechanism.
(5)Upon the request of the Legislative Council of Hong Kong, the Librarian of Congress, acting through the Congressional Research Service, should seek to expand educational and informational ties with the Council.
United States Government work; public domain under 17 U.S.C. § 105.