[Senate Report 113-313]
[From the U.S. Government Publishing Office]
Calendar No. 651
113th Congress Report
SENATE
2d Session 113-313
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HONG KONG HUMAN RIGHTS AND
DEMOCRACY ACT, S. 2922
_______
December 12, 2014.--Ordered to be printed
Mr. Menendez, from the Committee on Foreign Relations,
submitted the following
R E P O R T
[To accompany S. 2922]
The Committee on Foreign Relations, having had under
consideration the bill S. 2922, to reinstate reporting
requirements related to United States-Hong Kong relations,
reports favorably thereon with an amendment and recommends that
the bill, as amended, do pass.
CONTENTS
Page
I. Purpose..........................................................1
II. Committee Action.................................................1
III. Discussion.......................................................2
IV. Cost Estimate....................................................4
V. Evaluation of Regulatory Impact..................................4
VI. Changes in Existing Law..........................................4
I. Purpose
The purpose of S. 2922 is to reinstate reporting
requirements related to United States-Hong Kong Relations.
II. Committee Action
S. 2922 was introduced by Senators Brown, Cardin, Rubio,
Wicker, Feinstein, and Merkley on November 13, 2014. On
December 11, 2014, the committee considered S. 2922 and ordered
it reported, with an amendment, by a voice vote.
The committee took the following action with regard to
amendments:
A Manager's Amendment was offered to the introduced bill,
to clarify the certification requirement in the bill regarding
the treatment of Hong Kong under United States law.
III. Discussion
S. 2922 demonstrates continued congressional support for
autonomy in Hong Kong consistent with 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 (the Joint Declaration) and
the Basic Law of the Hong Kong Special Administrative Region of
the People's Republic of China (the Basic Law).
The committee views with grave concern the events leading
up to the so-called ``Umbrella Revolution'' in Hong Kong this
summer, and the subsequent efforts by Hong Kong and Beijing
authorities to stifle legitimate free expression. In the
committee's view, these actions and the underlying events are
inconsistent with Hong Kong's autonomous status within the
People's Republic of China.
The committee fully supports the right of the citizens of
Hong Kong to be able to freely choose their own
representatives, and to peaceful assembly and freedom of
expression, all of which are enshrined in the Hong Kong Bill of
Rights.
The committee believes that the roots of the protests in
Hong Kong lie in the decision of the National People's Congress
Standing Committee (NPCSC) in July, 2014, to prohibit the
voters of Hong Kong from exercising their right to freely
select nominees for the position of Chief Executive of Hong
Kong. It is difficult to reconcile notions of universal
suffrage with the system endorsed by the NPCSC, which will only
allow for candidates vetted and approved by Beijing. It is
likewise difficult to reconcile this system with the
aspirations of the people of Hong Kong for autonomous self-
government, democratic governance, and genuine ``universal
suffrage.''
Hong Kong's Basic Law promises the people of Hong Kong that
they will be able to elect their Chief Executive through
``universal suffrage upon nomination by a broadly
representative nominating committee in accordance with
democratic procedures.'' Yet the NPCSC decision, which will
allow the Election Committee of the Chief Executive to decide
who can be placed on the ballot for election--including using
criteria such as ``love [for] the country and love [for] Hong
Kong,'' which do not appear in the Basic Law--effectively
undermines the spirit of the Basic Law and the commitments that
China made when Hong Kong returned to its control.
These developments raise deep concerns in the committee
about Beijing's respect for basic political and economic rights
and the rule of law in Hong Kong, including restricting the
right to peaceful assembly which is enshrined in the Hong Kong
Bill of Rights, the Basic Law, and the International Covenant
on Civil and Political Rights (ICCPR). Under Hong Kong's own
laws, no restrictions may be placed on the exercise of this
right other than those imposed in conformity with the law and
that are necessary in the interests of national security or
public safety and public order. The suppression of the right to
peaceful assembly and the right to free expression--rights that
are afforded the people of Hong Kong under the Basic Law, and
which are fully consistent with the notion of ``one country,
two systems''--is deeply troubling.
Beijing has made numerous statements over the years about
its commitment to the Basic Law and its intention to respect
the promise of the Basic Law to provide the people of Hong Kong
with a genuine say in their governance and future. Yet the
recent decision of the NPCSC and the suppression and
intimidation of peaceful protestors and opposition media--
decisions that have now led to the protests in the streets of
Hong Kong--indicate that Beijing has reneged on the promises it
made to the people of Hong Kong.
Moreover, the committee is concerned that Beijing's
undermining of the rule of law could potentially expand further
and undercut the very principles that have underpinned Hong
Kong's economic vibrancy, attractiveness for foreign
investment, and financial independence.
It is in that spirit that the committee believes it is
critical that the United States reinstate the reporting
requirements related to United States-Hong Kong relations, and
to require ongoing certification by the Secretary of State on
whether Hong Kong is sufficiently autonomous to justify
separate treatment different from the People's Republic of
China in any new laws, agreements, treaties, or arrangements
entered into between the United States and Hong Kong after the
date of the enactment of this Act.
Section 1
Section 1 of S. 2922 provides the short title of the bill:
the Hong Kong Human Rights and Democracy Act.
Section 2
Section 2 makes findings related to the Joint Declaration,
the Basic Law, the NPCSC's 2007 determination that Hong Kong
could elect the Chief Executive by universal suffrage in 2017
and the Legislative Council by universal suffrage beginning in
2020. In addition, Section 2 makes findings regarding concerns,
reported by numerous governmental and non-governmental
organizations and raised as part of the ongoing protests by the
people of Hong Kong that the People's Republic of China is not
acting consistently with its commitments to guarantee the
autonomy of Hong Kong. The findings also note that the United
States enjoys close economic, social, and cultural ties with
Hong Kong and that Hong Kong enjoys a unique status as an
international financial center where the rule of law and the
rights and freedoms of its citizens are protected.
Section 3
Section 3 reaffirms the principles of the United States-
Hong Kong Policy Act of 1992, urges the Government of the
People's Republic of China to uphold its commitments to Hong
Kong, and supports the establishment, by 2017, of a genuine
democratic option for freely and fairly nominating and electing
the Chief Executive. Section 3 also supports the establishment,
by 2020, of open and direct democratic elections for all
members of the Hong Kong Legislative Council, and supports
press freedom and journalistic independence in Hong Kong.
Section 4
Section 4 reinstates the reporting requirements of the
United States-Hong Kong Policy Act of 1992 for ten years and
ensures that the appropriate committees in the House and Senate
receive the report.
Section 5
Section 5, as amended in committee, requires the Secretary
of State to annually certify to Congress that Hong Kong is
sufficiently autonomous to justify separate treatment different
than China under new U.S. laws, agreements, treaties, or
arrangements. Section 5 also provides waiver authority and a
carve-out for programs that support democracy, human rights, or
the rule of law.
IV. Cost Estimate
In accordance with Rule XXVI, paragraph 11(a) of the
Standing Rules of the Senate, the committee notes that the cost
estimate provided by the Congressional Budget Office was not
available for inclusion in this report. The estimate will be
printed in either a supplemental report or the Congressional
Record when it is available.
V. Evaluation of Regulatory Impact
Pursuant to Rule XXVI, paragraph 11(b) of the Standing
Rules of the Senate, the committee has determined that there is
no regulatory impact as a result of this legislation.
VI. Changes in Existing Law
In compliance with Rule XXVI, paragraph 12 of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new matter is printed in
italic, existing law in which no change is proposed is shown in
roman).
United States-Hong Kong Policy Act of 1992
* * * * * * *
TITLE II--THE STATUS OF HONG KONG
IN UNITED STATES LAW
* * * * * * *
SEC. 202. PRESIDENTIAL ORDER.
(a) Presidential Determination.--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 201(a) to such law or provision of law.
(b) Factor for Consideration.--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) Publication in Federal Register.--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) Termination of Suspension.--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.
SEC. 202A. TREATMENT OF HONG KONG UNDER UNITED STATES LAW.
(a) Secretary of State Certification Requirement.--
(1) In general.--Not later than 90 days after the
date of the enactment of the Hong Kong Human Rights and
Democracy Act, and annually thereafter, the Secretary
of State shall certify to Congress whether Hong Kong is
sufficiently autonomous to justify separate treatment
different from that accorded the People's Republic of
China in any new laws, agreements, treaties, or
arrangements entered into between the United States and
Hong Kong after the date of the enactment of such Act.
(2) Factor for Consideration.--In making a
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) Exception.--The certification under this
subsection shall not be required with respect to any
new laws, agreements, treaties, or arrangements that
support human rights, rule of law, or democracy in Hong
Kong.
(b) Waiver Authority.--The Secretary of State may waive the
application of subsection (a) if the Secretary--
(1) determines that such a waiver is in the
national interests of the United States; and
(2) on or before the date on which the waiver
takes effect, submits to the Committee on
Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives a notice of and justification
for the waiver.
* * * * * * *
TITLE III--REPORTING PROVISIONS
SEC. 301. REPORTING REQUIREMENT.
[Not later than March 31, 1993, March 31, 1995, March 31,
1996, March 31, 1997, March 31, 1998, March 31, 1999, March 31,
2000, March 31, 2001, March 31, 2002, March 31, 2003, March 31,
2004, March 31, 2005, and March 31, 2006 the Secretary of
State] Not later than March 31, 2015, and annually thereafter
for 10 years or until such earlier date that the Secretary of
State certifies that Hong Kong has held free and fair elections
for two consecutive Chief Executive and two consecutive
Legislative Council periods, the Secretary of State shall
transmit to the [Speaker of the House of Representatives]
chairman of the Committee on Foreign Affairs of the House of
Representatives and the chairman of the Committee on Foreign
Relations of the Senate 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 the date of
enactment of this Act or (in the case of subsequent reports)
the period since the most recent report pursuant to this
section and shall describe--
(1) significant developments in United States
relations with Hong Kong, including a description of
agreements that have entered into force between the
United States and Hong Kong;
(2) other matters, including developments related to
the change in the exercise of sovereignty over Hong
Kong, affecting United States interests in Hong Kong or
United States relations with Hong Kong;
(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 201(a) has been
suspended pursuant to section 202(a) or with respect to
which such a suspension has been terminated pursuant to
section 202(d), 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 201(b), 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[.] ; and
(9) matters in which Hong Kong is given separate
treatment under the laws of the United States from that
accorded to the People's Republic of China and in
accordance with this Act.