Text: S.1731 — 102nd Congress (1991-1992)All Information (Except Text)

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--S.1731--
S.1731
One Hundred Second Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday, the third day of January,
one thousand nine hundred and ninety-two
An Act
To set forth the policy of the United States with respect to Hong Kong,
and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `United States-Hong Kong Policy Act of 1992'.
SEC. 2. FINDINGS 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.
  (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.
SEC. 3. DEFINITIONS.
  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.
TITLE I--POLICY
SEC. 101. BILATERAL TIES BETWEEN THE 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:
  (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.
SEC. 102. PARTICIPATION 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:
  (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.
SEC. 103. COMMERCE BETWEEN THE 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:
  (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.
SEC. 104. TRANSPORTATION.
  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.
SEC. 105. CULTURAL 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:
  (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.
TITLE II--THE STATUS OF HONG KONG IN UNITED STATES LAW
SEC. 201. CONTINUED APPLICATION OF UNITED STATES LAW.
  (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.
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. 203. RULES AND REGULATIONS.
  The President is authorized to prescribe such rules and regulations as
  the President may deem appropriate to carry out this Act.
SEC. 204. CONSULTATION WITH CONGRESS.
  In carrying out this title, the President shall consult appropriately with
  the Congress.
TITLE III--REPORTING PROVISIONS
SEC. 301. REPORTING REQUIREMENT.
  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.
SEC. 302. SEPARATE 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 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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.