[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1033 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. RES. 1033
Condemning acts by the People's Republic of China and the Government of
the Hong Kong Special Administrative Region that violate fundamental
rights and freedoms of Hong Kong residents as well as acts that
undermine Hong Kong's high degree of autonomy.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 30, 2020
Mr. Engel (for himself, Mr. McCaul, Mr. McGovern, Mr. Bera, Mr. Yoho,
and Mr. Malinowski) submitted the following resolution; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
RESOLUTION
Condemning acts by the People's Republic of China and the Government of
the Hong Kong Special Administrative Region that violate fundamental
rights and freedoms of Hong Kong residents as well as acts that
undermine Hong Kong's high degree of autonomy.
Whereas the Government of the People's Republic of China is legally bound to
guarantee the civil liberties of the people of Hong Kong through 2047
under the Basic Law 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 ``social and economic systems in
Hong Kong will remain unchanged, and so will the life-style.'';
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 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;
(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 Standing Committee of the National People's Congress of the People's
Republic of China 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 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
Government of the People's Republic of China 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 Chinese 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, jeopardizing Hong
Kong's future as an open and prosperous international city; 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, would constitute a violation of
commitments made by the People's Republic of China 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
would constitute a violation of the letter and spirit of the
Basic Law and the Joint Declaration;
(3) asserts that such actions by the People's Republic of
China undermine the credibility of the People's Republic of
China 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) urges the People's Republic of China and the Hong Kong
Government to refrain from implementation of this law or taking
any action that abridges or curtails, in whole or in part, the
rights of Hong Kong residents as established by the Joint
Declaration and Basic Law; and
(5) advises the President, the Secretary of State, and the
Secretary of the 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) expanding the mandate of the United Nations
Special Rapporteur to improve monitoring and reporting
on People's Republic of China's policies in Hong Kong;
(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) introducing other measures to urge the People's
Republic of China to refrain from 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.
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