[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1033 Engrossed in House (EH)]
<DOC>
H. Res. 1033
In the House of Representatives, U. S.,
November 18, 2020.
Whereas the Government of the People's Republic of China (``PRC'') is legally
bound to guarantee the civil liberties of the people of Hong Kong
through 2047 and 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'' (hereafter the
``Joint Declaration''), in which the People's Republic of China
committed that for 50 years, the basic policies would remain unchanged,
including keeping the ``social and economic systems in Hong Kong''
unchanged;
Whereas Article 39 of the Basic Law of Hong Kong mandates that: ``The provisions
of the International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights, and
international labour conventions as applied to Hong Kong shall remain in
force and shall be implemented through the laws of the Hong Kong Special
Administrative Region.'';
Whereas the Joint Declaration states that ``Rights and freedoms, including those
of the person, of speech, of the press, of assembly, of association, of
travel, of movement, of correspondence, of strike, of choice of
occupation, of academic research and of religious belief will be ensured
by law in the Hong Kong Special Administrative Region'' and that those
rights are reiterated in Chapter III of the Basic Law;
Whereas Chapter III of the Basic Law of Hong Kong guarantees Hong Kong residents
other specific rights and freedoms, including--
(1) freedom of speech, of the press, and of publication;
(2) freedom of association, of assembly, of procession, and of
demonstration;
(3) the right and freedom to form and join trade unions and to strike;
(4) freedom from arbitrary or unlawful arrest, detention, or
imprisonment;
(5) freedom from arbitrary or unlawful search of, or intrusion into, a
Hong Kong resident's home or other premises;
(6) freedom and privacy of communication;
(7) freedom of movement within the Hong Kong Special Administrative
Region (``HKSAR'');
(8) freedom of emigration to other countries and regions;
(9) freedom of conscience; and
(10) the right to institute legal proceedings in the courts against the
acts of the executive authorities and their personnel;
Whereas the PRC National People's Congress Standing Committee (NPCSC) has
inserted a national security law directly into Annex III of the Basic
Law of Hong Kong, and said national security law is purportedly intended
to prevent and punish acts of ``separating the country, subverting state
power, and organizing terroristic activities'';
Whereas said action is a flagrant violation of Hong Kong's autonomy and rule of
law in that Article 18 of the Basic Law provides that laws included in
Annex III are ``confined to those relating to defense and foreign
affairs as well as other matters outside the limits of the autonomy of
the Region as specified by this Law'';
Whereas Article 11 of the Joint Declaration states that ``The maintenance of
public order in the Hong Kong Special Administrative Region will be the
responsibility of the Government of the Hong Kong Special Administrative
Region'';
Whereas the national security law promulgated by the NPCSC violates Article 11
of the Joint Declaration by establishing PRC entities in Hong Kong with
powers over public order;
Whereas Article 23 further specifies that ``[Hong Kong] shall enact laws on its
own to prohibit any act of treason, secession, sedition, subversion
against the Central People's Government'';
Whereas through a similar abuse of Annex III of the Basic Law of Hong Kong, the
PRC Government caused the adoption of the National Anthem Law in Hong
Kong, which curtails the freedom of speech and carries a maximum
sentence of 3 years, mirroring the extent of sentence under the People's
Republic of China Criminal Law;
Whereas the PRC Government's repeated and heavy-handed actions to undermine the
rule of law in Hong Kong and Hong Kong's high degree of autonomy will
only further escalate the ongoing protests and increase public
disapproval of the PRC and the HKSAR Government, jeopardizing Hong
Kong's future as an open and prosperous international city;
Whereas the full Chinese-language text of the national security legislation was
not revealed until the Hong Kong Chief Executive promulgated the law in
Hong Kong at 11 p.m. on June 30, 2020, making it only the second law
since 2008 that the NPCSC has passed without releasing a draft for
public comment; and
Whereas the imposition of this national security legislation, which undermines
the established rights and freedoms of Hong Kong residents provided in
the Joint Declaration and the Basic Law, constitutes a violation of
commitments made by the PRC under international law: Now, therefore, be
it
Resolved, That the House of Representatives--
(1) underscores that democratic societies around the world stand in
solidarity with the people of Hong Kong, who face grave threats to their
inviolable rights and freedoms;
(2) condemns the action by the People's Republic of China's National
People's Congress to advance national security legislation for Hong Kong
through irregular procedures, which constitutes a violation of the
letter and spirit of the Joint Declaration, and the Basic Law which is
the implementing document of the Joint Declaration;
(3) asserts that such actions by the People's Republic of China
undermine its credibility within the international community, including
the People's Republic of China's credibility in honoring its commitments
to international agreements and respecting internationally recognized
human rights;
(4) calls on the People's Republic of China to immediately rectify
provisions of the national security law inconsistent with the Joint
Declaration and other provisions of the Basic Law including--
(A) the judicial processes for national security cases; and
(B) the law's asserted extraterritorial jurisdiction; and
(5) advises the President, the Secretary of State, and the Secretary
of Treasury to coordinate with allies and partners to respond to
developments in Hong Kong, including by--
(A) appointing a United Nations Special Envoy for Hong Kong;
(B) encouraging all relevant United Nations special
rapporteurs to closely monitor and report on People's Republic
of China's policies in Hong Kong, including the Special
Rapporteur on freedom of opinion and expression, the Special
Rapporteur on freedom of peaceful assembly and of association,
the Special Rapporteur on human rights defenders, the Special
Rapporteur on the independence of judges and lawyers, the
Special Rapporteur on the promotion and protection of human
rights and fundamental freedoms while countering terrorism, the
Special Rapporteur on torture, and the Working Group on
arbitrary detention;
(C) providing Hong Kong residents who face well-founded
fears of persecution an opportunity to emigrate from, or not be
compelled to return to, Hong Kong;
(D) condemning the People's Republic of China for
promulgating national security legislation in Hong Kong which
contravenes the Joint Declaration and the Basic Law; and
(E) establishing other measures, including economic
sanctions, to hold the People's Republic of China accountable
for contravention of international law and human rights norms
with respect to Hong Kong.
Attest:
Clerk.