102d CONGRESS
2d Session
S. 1731
AMENDMENTS
S 1731 EAH
In the House of Representatives, U. S.,
August 11, 1992.
Resolved, That the bill from the Senate (S. 1731) entitled `An Act to
establish the policy of the United States with respect to Hong Kong,
and for other purposes', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause, and insert:

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This Act may be cited as the `United States-Hong Kong Policy Act of 1992'.

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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.
(D) The legislature of the Hong Kong Special Administrative Region will be
constituted by elections, and the provisions of the International Covenant
on Civil and Political Rights and the International Covenant on Economic,
Social and Cultural Rights, as applied to Hong Kong, shall remain in force.
(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.
(4)  Hong Kong plays an important role in today's regional and world economy.
This role is reflected in strong economic, cultural, and other ties with
the United States that give the United States a strong interest in the
continued vitality, prosperity, and stability of Hong Kong.
(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.

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For purposes of this Act--
(1) the term `Hong Kong' means, prior to July 1, 1997, the British
Dependent Territory of Hong Kong, and on and after July 1, 1997, the Hong
Kong Special Administrative Region of the People's Republic of China;
(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.

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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:
(1) The United States should play an active role, before, on,  and after
July 1, 1997, in maintaining Hong Kong's confidence and prosperity, Hong
Kong's role as an international financial center, and the mutually beneficial
ties between the people of the United States and the people of 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.

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TITLE I

-POLICY

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:
(1) The United States should support Hong Kong's participation in all
appropriate multilateral conferences, agreements, and organizations in
which Hong Kong is eligible to participate.
(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 contracting party to the General Agreement
on Tariffs and Trade, whether or not the People's Republic of China
participates in the latter organization.

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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:
(1) The United States should seek to maintain and expand economic and
trade relations with Hong Kong and should continue to treat Hong Kong as
a separate territory in economic and trade matters, such as import quotas
and certificates of origin.
(2) The United States should continue to negotiate directly with Hong Kong
to conclude bilateral economic agreements.
(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.
(4) The United States should continue to grant the products of
Hong Kong nondiscriminatory trade treatment (commonly referred to as
`most-favored-nation status') by virtue of Hong Kong's membership in the
General Agreement on Tariffs and Trade.
(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.
(7) United States businesses should be encouraged to continue to operate
in Hong Kong, in accordance with applicable United States and Hong Kong law.
(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.
(11) The change in the exercise of sovereignty over Hong Kong should not
affect ownership in any property, tangible or intangible, held in the
United States by any Hong Kong person.

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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:
(1) Recognizing Hong Kong's position as an international transport center,
the United States should continue to recognize ships and airplanes registered
in Hong Kong and should negotiate air service agreements directly with
Hong Kong.
(2) The United States should continue to recognize ships registered by
Hong Kong.
(3) United States commercial ships, in accordance with applicable United
States and Hong Kong law, should remain free to port in 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.
(5) The United States should recognize licenses issued by the Hong Kong
to Hong Kong airlines.
(6) The United States should recognize certificates issued by the Hong Kong
to United States air carriers for air service involving travel to, from,
or through Hong Kong which does not involve travel to, from, or through
other parts 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.

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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:
(1) The United States should seek to maintain and expand United States-Hong
Kong relations and exchanges in culture, education, science, and academic
research. The United States should encourage American participation in
bilateral exchanges with Hong Kong, both official and unofficial.
(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.
(4) The United States should actively encourage Hong Kong residents to visit
the United States on nonimmigrant visas for such purposes as business,
tourism, education, and scientific and academic research, in accordance
with applicable United States and Hong Kong laws.
(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.

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(a) IN GENERAL- 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 202.
(b) INTERNATIONAL AGREEMENTS- 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 such date
between the United States and Hong Kong, or entered into before such date
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
title, 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 301.

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TITLE II

-THE STATUS OF HONG KONG IN UNITED STATES LAW

(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.

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The President is authorized to prescribe such rules and regulations as
the President may deem appropriate to carry out this Act.

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In carrying out this title, the President shall consult appropriately with
the Congress.

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Not later than March 31, 1993, March 31, 1995, March 31, 1997, March 31,
1998, March 31, 1999, and March 31, 2000, the Secretary of State shall
transmit to the Speaker 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.

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TITLE III

-REPORTING PROVISIONS

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 116(d) and 502B(b) of the Foreign Assistance Act of 1961
(relating to human rights);
(2) section 181 of the Trade Act of 1974 (relating to trade barriers); and
(3) section 2202 of the Export Enhancement Act of 1988 (relating to economic
policy and trade practices).
Amend the title to read as follows: `An Act to set forth the policy of
the United States with respect to Hong Kong, and for other purposes.'.
Attest:
Clerk.
S 1731 EAH----2

a785383a6ac0067ca4e74c1b5d4772f1b37794444027425a128c362590b98945

Hong Kong Policy bill — S. 1731

Other Sections

TITLE I

TITLE II

TITLE III

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