October 15, 2019 - Issue: Vol. 165, No. 162 — Daily Edition116th Congress (2019 - 2020) - 1st Session
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RECOGNIZING HONG KONG'S BILATERAL RELATIONSHIP WITH THE UNITED STATES; Congressional Record Vol. 165, No. 162
(House of Representatives - October 15, 2019)
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[Pages H8116-H8119] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] RECOGNIZING HONG KONG'S BILATERAL RELATIONSHIP WITH THE UNITED STATES Mr. SHERMAN. Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 543) recognizing Hong Kong's bilateral relationship with the United States, condemning the interference of the People's Republic of China in Hong Kong's affairs, and supporting the people of Hong Kong's right to protest, as amended. The Clerk read the title of the resolution. The text of the resolution is as follows: H. Res. 543 Whereas the United States-Hong Kong Policy Act of 1992 (Public Law 102-383) states-- (1) ``[s]upport for democratization is a fundamental principle of United States foreign policy''; (2) ``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 [and] serve as a basis for Hong Kong's continued economic prosperity''; and (3) ``Hong Kong must remain sufficiently autonomous from the People's Republic of China to justify a different treatment than accorded to the People's Republic of China under United States law''; Whereas the United States maintains substantial economic and political interests in Hong Kong, with more than 1,200 United States firms operating in the Special Administrative Region, due largely to Hong Kong's strong business environment, predicated on respect for the rule of law and an independent judiciary; Whereas the United States supports Hong Kong's ``high degree of autonomy'' promised by the Joint Declaration between the Government of the United Kingdom of Great Britain and the Government of the People's Republic of China on the Question of the Hong Kong (``Joint Declaration'' ) in accordance with the ``One Country, Two Systems'' framework through bilateral agreements, the promotion of trade and investment, and the bolstering of educational, academic, and cultural links; Whereas the Department of State reported in its 2019 Hong Kong Policy Act Report, dated March 21, 2019, that the People's Republic of China has carried out a number of actions inconsistent with China's commitments in the Basic Law of the Hong Kong Special Administrative Region (``Basic Law'') and the Joint Declaration, which have diminished Hong Kong's high degree of autonomy; Whereas China has increasingly constrained Hong Kong's freedoms in violation of the ``One Country, Two Systems'' framework by, among other actions, supporting the restriction of entry into Hong Kong for individuals critical of the Communist Party of China, instructing to the Hong Kong Government to refuse a United States extradition request in May 2018, and abusing the national security rationale to justify interference with matters related to Hong Kong politics and governance; Whereas on April 3, 2019, the Government of Hong Kong introduced the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019 (commonly known as the ``extradition bill'') that would amend the Fugitive Offenders Ordinance by expanding the existing extradition arrangement to include mainland China, allowing for the handover of any persons in the territory of Hong Kong, residents and non-residents, as well as any materials in their possession; Whereas the Department of State issued a statement on June 9, 2019, warning that the lack of procedural protections in the bill could negatively impact Hong Kong's longstanding protections of human rights, fundamental freedoms, and democratic values; Whereas on June 9, 2019, as many as 1,000,000 people protested against the bill, and on June 12, 2019, tens of thousands staged a protest near the Legislative Council building to express opposition to the bill; Whereas on June 12, 2019, the Government of Hong Kong took advantage of the acts of a small group of protesters to classify the largely peaceful protest as an unlawful assembly and a ``riot'', a charge that can result in a prison sentence of up to 10 years for those who were arrested; Whereas the police's excessive use of force on June 12, 2019, as seen in video footage, to disperse the protestors, including the use of tear gas, bean bag rounds, rubber bullets, batons, and pepper spray, caused severe injuries to protesters; Whereas the excessive use of force fueled tensions and contributed to the worsening of violence; Whereas on June 16, 2019, as many as 2,000,000 people peacefully gathered in the Admiralty district, which is likely the largest protest in Hong Kong's history; Whereas on July 21, 2019, a group alleged to be linked to organized crime violently attacked protestors, innocent bystanders, and journalists with sticks and metal bars in Yuen Long, which resulted in the hospitalization of forty- five people, with one person in critical condition; Whereas the Hong Kong Police Force have been slow to take meaningful action against those who attacked the protestors on July 21, 2019, suggesting the police may be complicit in their actions; Whereas the protestors' demands included-- (1) the complete withdrawal of the extradition bill; (2) the implementation of universal suffrage in the election of the Chief Executive and all members the Legislative Council; (3) the establishment of an independent commission to investigate police conduct during the protests; (4) the declassification of the protests as a riots; and (5) the dropping of all charges against persons who participated in any protests; Whereas on July 27, 2019, nine people were injured when police fired rubber bullets at demonstrators in Yuen Long who were protesting the July 21 violent attacks against protestors and the lack of a police response to them; Whereas on July 29, 2019, China's spokesman for the State Council's Hong Kong and Macao Affairs Office issued a statement referring to the protesters as ``radical elements committing evil and criminal acts''; Whereas on July 30, 2019, China's Foreign Ministry falsely claimed that the pro-democracy protests are the ``work of the United States'', alleging that American officials have interfered in Hong Kong's internal affairs; Whereas the Chinese Communist Party has called the protests ``absolutely intolerable'', ``terrorism'', and ``terror atrocities'', raising fears that China may use the People's Liberation Army or the People's Armed Police to violently suppress the protestors; Whereas on August 5, 2019, teachers, aviation workers, finance employees, and civil servants went on strike across seven districts, the largest citywide strike in decades, which evolved into a wave of demonstrations [[Page H8117]] and resulted in the police firing approximately 800 tear gas rounds to clear the protestors, almost as many as were used in the previous 8 weeks combined; Whereas on August 5, 2019, a mob violently attacked demonstrators with sticks and metal bars in North Point after the demonstrators were dispersed by police from the Admiralty district, and again the police did not respond to the ambush; Whereas on August 6, 2019, a Chinese Communist Party official threatened the demonstrators by stating, ``those who play with fire will perish by it'', and ``as for their [the demonstrators'] punishment, it's only a matter of time''; Whereas on August 7, 2019, Chinese state media began publishing articles accusing the Political Counselor to the United States Consulate General in Hong Kong of being ``a black hand creating chaos in Hong Kong'', as well as publicly identifying family members of the Consulate General staff; Whereas on August 11, 2019, Hong Kong police beat fleeing protesters with batons and fired pepper ball rounds at them at close range; Whereas on August 11, 2019, it was reported that a young woman, allegedly a medic, who has since become a symbol for the protest movement, sustained a serious eye injury from a bean-bag round after the police fired a projectile into the crowd; Whereas on August 18, 2019, as many as 1,700,000 Hong Kong people attended a peaceful rally against police brutality; Whereas on August 31, 2019, Hong Kong Police Force Special Tactical Squad officers beat with batons protesters and train passengers at Prince Edward station; and Whereas on September 4, 2019, Hong Kong Chief Executive Carrie Lam announced the Government would withdraw the extradition bill from the Legislative Council's agenda when it reconvenes in October 2019: Now, therefore, be it Resolved, That the House of Representatives-- (1) calls on the Government of Hong Kong to begin negotiations to address the demonstrators' remaining demands, which include-- (A) the formal withdrawal of the bill from the Hong Kong Legislative Council; (B) the implementation of universal suffrage; (C) the establishment of an independent investigation into police conduct during the protests; (D) the declassification of the protest as a riot; and (E) the dropping of all charges against persons arrested during the protests; (2) condemns-- (A) the Hong Kong police's use of force against the demonstrators in ways that are inconsistent with international standards for the use of such equipment and in violation of citizens' rights to freedom of expression and peaceful assembly; and (B) the Hong Kong Government for tolerating the use of violent force against protesters by police; (3) calls on the Administration to review the appropriateness of sales by United States firms of munitions and crowd-control equipment to Hong Kong, to ensure that they are not used to repress peaceful protests; (4) condemns efforts by the Hong Kong and Chinese Governments to characterize the protests as ``riots'' and to falsely accuse the United States of orchestrating political instability that they alone created; (5) shares the concerns of the people of Hong Kong that the Hong Kong Government's proposed amendments to the Fugitive Offenders Ordinance, if adopted, would negatively impact the territory's long-standing protections of human rights, fundamental freedoms, and democratic values as enshrined in the Basic Law and the Sino-British Joint Declaration; (6) recognizes that the ``One Country, Two Systems'' framework and the Basic Law require that Hong Kong is afforded a high degree of autonomy with respect to economic and trade matters and the rule of law; (7) condemns Chinese state media for targeting staff and family members of the United States Consulate General in Hong Kong; (8) calls on the Government of Hong Kong and all governments-- (A) to protect the rights of freedom of expression and peaceful assembly; (B) to condemn all acts of violence against those seeking to further their democratic rights; and (C) to refrain from the use of violence; and (9) calls on the Government of Hong Kong and the Government of China to abide by the provisions of the Joint Declaration and the Basic Law. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from California (Mr. Sherman) and the gentleman from New Jersey (Mr. Smith) each will control 20 minutes. The Chair recognizes the gentleman from California. General Leave Mr. SHERMAN. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on H. Res. 543. The SPEAKER pro tempore. Is there objection to the request of the gentleman from California? There was no objection. Mr. SHERMAN. Mr. Speaker, I yield myself such time as I may consume. The world is watching Hong Kong, and Hong Kong is watching the floor of the House of Representatives. People by the tens of thousands in Hong Kong have demonstrated in favor of bills we are considering here today. In doing so, they have taken great risk to themselves and showed tremendous courage. The least we could do is pass these bills. I rise today to speak in favor of these bills on Hong Kong. I am proud to cosponsor all of the legislation under consideration dealing with Hong Kong. I want to first focus on a resolution I introduced with our colleagues, Mrs. Wagner; Mr. Connolly; and Mr. Yoho, the ranking member of the Subcommittee on Asia, the Pacific, and Nonproliferation, my partner on the Asia, the Pacific, and Nonproliferation Subcommittee. This resolution demonstrates that the so-called extradition bill is an infringement on the rights of the people of Hong Kong, including their right to a high degree of autonomy, autonomy that was granted to Hong Kong when that city was returned to the control of Beijing. This resolution also establishes that the House of Representatives stands with Hong Kong protestors and supports their five major demands. These demands are: Complete withdrawal of the extradition bill; Universal suffrage in the election of the chief executive and all members of the Legislative Council; The establishment of an independent commission to investigate the police's excessive use of force against the protestors; The changing of the classification so these protests are not classified as riots and the participants are not classified as rioters; and, finally, Having all charges against the people who participate in these protests dropped. Many of us in Congress and around the United States have been inspired by the people of Hong Kong standing up for their fundamental rights over the last few months. One of the protests brought nearly 25 percent of the entire population of Hong Kong into the streets. That is simply unprecedented. It would behoove Beijing to heed the protestors' demands. Sadly, instead of recognizing their own role in causing these protests, the Chinese Communist Party has tried to characterize the demonstrations as the handiwork of the United States. We categorically reject this assertion. These protests were motivated, first and foremost, in reaction to the effort by the People's Republic of China and the Chinese Communist Party to interfere in the autonomy that was promised to the people of Hong Kong. These protests were motivated by the policies of Beijing and the Hong Kong government that have increasingly reduced the city's high degree of autonomy. The state-run media has even gone so far as to accuse a particular State Department official by name of orchestrating the protests. That is an insult to the people of Hong Kong, who speak for themselves and act for themselves. Moreover, it has put that diplomat and her family in danger. This is simply unacceptable behavior, and the Stand with Hong Kong Resolution criticizes this egregious action by the Chinese Government. Finally, let me reiterate my support for the other complementary bills that we are considering today on Hong Kong. The first is the Hong Kong Human Rights and Democracy Act of 2019, which was introduced by our colleague Mr. Smith, who will be managing time on the other side. This legislation will amend the Hong Kong Policy Act of 1992 to account for the changes that have taken place over the last 25 years. The Hong Kong Human Rights and Democracy Act also conveys to Beijing that it cannot undermine the city's freedom while expecting America to still give that city preferential trade arrangements. I am also a strong supporter of Congressman Jim McGovern's PROTECT Hong Kong Act, which would restrict U.S. firms' ability to sell the Hong Kong police weapons to use against protestors. Mr. Speaker, I reserve the balance of my time. [[Page H8118]] Mr. SMITH of New Jersey. Mr. Speaker, I yield as much time as he may consume to the gentleman from Florida (Mr. Yoho). Mr. YOHO. Mr. Speaker, I thank my colleagues, Mr. Smith and Mr. Sherman, whom I have the pleasure of serving with on the Foreign Affairs Subcommittee on Asia, the Pacific, and Nonproliferation, for raising this important topic. I rise today to bring attention to three very important and timely measures that the House will consider this afternoon. These bipartisan measures passed out of the House Foreign Affairs Committee unanimously, and they include H. Res. 543, by Representative Sherman; H.R. 3289, by Representative Smith; and H.R. 4270, by Representative McGovern. I am proud to say that I am a cosponsor of all three. Over the past 5 months, mass civilian protests in Hong Kong have begun to shed light on the deterioration of the Chinese Communist Party's influence outside of mainland China. Rising resentment in Hong Kong is not simply a result of the ill-fated extradition law championed by Chief Executive Carrie Lam, but the continued encroachment on freedom and liberties by President Xi Jinping and the Chinese Communist Party. Despite the 1997 Sino-British agreement, leaders in Beijing continued their high-intensity political pressure campaign to subdue dissent within Hong Kong, which has emboldened the people of Hong Kong to stand up against Beijing, but more for freedom. This is illustrated by the people of Hong Kong raising and waving the American flag while burning the Chinese flag. The protestors now maintain five demands that Mr. Sherman already talked about: withdrawal of the extradition bill; drop charges against the protestors; launch an investigation into the police forces; and universal suffrage, which would allow voters to directly pick their leaders instead of hand-picked leaders of their chief executive by Beijing. As the ranking member of the Subcommittee on Asia, the Pacific, and Nonproliferation, I have been extremely outspoken against the continued deterioration of rights and freedoms in Hong Kong. The passage of these important pieces of legislation will send a strong message to President Xi Jinping and the Chinese Communist Party that these abuses will not be tolerated by the international community. Keep in mind that China and Great Britain signed this international agreement in 1997, where it stated that Hong Kong would be an autonomous region, self-ruled, and have an independent judiciary system. Only 22 years into it, Xi Jinping has said, as far as he is concerned, that agreement is null and void, and so you see the people of Hong Kong standing up in protest. Because they have experienced freedom and liberty, they are willing to risk their life. I just had a group of Hong Kong students come in. These are the people who are right in the forefront of the protests in Hong Kong, and they came to our office begging for help from the American people, from the American Government. Now, granted, Hong Kong, we all know, is a province of China. But we also know there was an agreement, for 50 years, it was to be autonomously ruled with an independent judiciary committee that Xi Jinping and the Communist Party of China have canceled, and I think this is a message for all people of the intent of what China is doing. We, as Members of Congress, have so much more that we represent. It is not a political body where we fight back and forth and discuss different things. What we represent here in America is what people around the world are willing to risk their life for and to stand up, in front of the face of adversity, to one of the emerging superpowers of the world and say: We do not accept your communist authority rule. We want you to honor liberty and freedom. See, the people of Hong Kong, they have experienced freedom and liberties. Xi Jinping and the Communist Party can't understand that because they have never experienced freedom or liberty. As supposedly the greatest deliberative body on the planet, this transcends way beyond what we do here. This is standing up for ideals that people around the world are willing to die for, and it is this body that can send a strong message to the Chinese Communist Party, to Xi Jinping that says we will not let liberties and freedom be taken away from people who have claimed that, who have known that all their life, and that that should be honored by those who are trying to take it apart. Before they want to take it apart, I suggest Xi Jinping and the Communist Party try freedom and liberty: Try democracy for a while; you might like it. I think these are three very important bills that should pass through this House unanimously and should pass through the Senate to show that we stand in solidarity with the folks, our friends in Hong Kong; and, if not, if we don't send a strong message, it will embolden China. I hope manufacturers and all businesses around the world that do business in Hong Kong are paying attention to this, because they are the ones that are creating a business environment that feeds China so that they can continue these terrible acts of suppression of liberties and freedoms. I hope the business community will say: You know what, we stand with the American people. It pains me when I see people like the NBA or other organizations, corporations that will bow down to China, and they do it for profit. It is time that we stand up not just as Americans, but people who are the bearers of liberty and freedom around the world that the rest of the world looks to. Mr. SHERMAN. Mr. Speaker, I reserve the balance of my time. Mr. SMITH of New Jersey. Mr. Speaker, I yield such time as he may consume to the gentleman from Arkansas (Mr. Hill). Mr. HILL of Arkansas. Mr. Speaker, I thank my friend from New Jersey very much for allowing me to speak on the subject of Hong Kong today. I rise in support of all these bills before us today, particularly the bill from my friend from New Jersey, the Hong Kong Human Rights and Democracy Act, and I stand in solidarity with all freedom-loving people in Hong Kong. For more than 4 months, we have witnessed Hong Kong citizens peacefully protest for the right to live in a free and fair political system. Over my years, I have traveled to Hong Kong and witnessed their innovative spirit and work ethic. In fact, Hong Kong was the model for the post-World War II growth of the Asian Tigers in their prosperity and innovation. {time} 1545 In the 1980s, when a proponent of welfare statism queried pro-growth economist Melvyn B. Krauss: ``But how many Hong Kongs can the world have?'' Dr. Krauss replied, ``As many as the world will allow itself.'' Freedom lovers should rally to that wisdom. This summer, I had the opportunity to hear directly from leaders in Hong Kong dedicated to religious tolerance and democracy as promised in the one country, two systems agreement. The people of Hong Kong continue to wave American flags during their protests as a symbol for the freedoms that they desire. Rather than receiving support from all over our great land here in this country, they have had to witness the blatant hypocrisy that we have seen from U.S. companies, including the National Basketball Association, more worried about the bottom line and retribution from the PRC, rather than standing up for the basic human rights that we are so blessed with in this country and that we advocate for as a part of our foreign policy all over this globe. The free world is looking to us for leadership, and that is why I thank the gentleman from New Jersey (Mr. Smith), Mr. McGovern, and Mr. Sherman for supporting these legislative efforts on a bipartisan basis, but more importantly, supporting the people in Hong Kong that they have the right to freedom of expression and democratic governance guaranteed under that 50-year arrangement agreed to in 1997 by both--by both, Mr. Speaker--the United Kingdom and the People's Republic of China. Mr. Speaker, I urge all my colleagues to support these measures today, and I thank their sponsors. Mr. SMITH of New Jersey. Mr. Speaker, I have no further requests for [[Page H8119]] time, and I yield back the balance of my time. Mr. SHERMAN. Mr. Speaker, I yield myself as much time as I may consume, and I will close. Mr. Speaker, several years ago, I joined the then chairman of the Foreign Affairs Committee, Mr. Royce, in visiting Hong Kong. We had a chance to spend a lot of time with both young and more experienced leaders fighting for democracy and autonomy for Hong Kong. And this has, in fact, been the policy of the United States since the 1992 Hong Kong Policy Act, which establishes our support for democratization as a fundamental principle of U.S. foreign policy. In recent days, we have seen demonstrators in Hong Kong asking the U.S. Congress to pass the three pieces of legislation that are before us. The protestors want to know if our support for democracy is merely rhetorical or if we are willing to take action to defend our principles. By passing these three bills today, we will affirm that the U.S. Congress supports democracy, human rights, and appropriate autonomy for Hong Kong. Mr. Speaker, as to all three bills, I want to thank Speaker Pelosi and Chairman Engel and many other colleagues for their leadership on this issue. Mr. Speaker, turning to the specifics of H. Res. 543, the specific matter before us at this moment, I want to thank my Foreign Affairs Committee colleagues for helping to introduce this measure, including Mrs. Wagner, Mr. Connolly, and Mr. Yoho, who spoke just a few minutes ago. H. Res. 543 recognizes our country's strong relationship with the people of Hong Kong. It is an important measure of solidarity at a time when protesters are facing police brutality and China is trying to take away the autonomy that it promised. Mr. Speaker, I urge my colleagues to support this measure, and I yield back the balance of my time. Ms. JACKSON LEE. Mr. Speaker, I rise in strong support of H. Res. 543, a resolution ``Recognizing Hong Kong's bilateral relationship with the United States, condemning the interference of the People's Republic of China in Hong Kong's affairs, and supporting the people of Hong Kong's right to protest.'' As a senior member of the House Committee on the Judiciary, I support H. Res. 543 because it calls on the Hong Kong government to address the protesters' five demands, condemns police brutality against peaceful protesters, and condemns efforts to falsely accuse U.S. diplomats of fueling unrest. On June 30, 1997, China resumed the exercise of sovereignty over Hong Kong, ending more than 150 years of British colonial rule. Hong Kong is a customs territory and economic entity separate from the rest of China and is able to enter into international agreements on its own behalf in commercial, economic, and certain legal matters. U.S. policy toward Hong Kong is stated in the U.S.-Hong Kong Policy Act of 1992 and grounded in the determination to promote Hong Kong's prosperity, autonomy, and way of life. The United States maintains substantial economic and political interests in Hong Kong. The U.S. supports Hong Kong's autonomy under the ``One Country, Two Systems'' framework by concluding and implementing bilateral agreements; promoting trade and investment; broadening law enforcement cooperation; bolstering educational, academic, and cultural links; supporting high-level visits of U.S. officials; and serving the large community of U.S. citizens and visitors. After 22 years, protests erupted over Carrie Lam's proposal to amend extradition laws to allow suspects to be transferred to mainland China for trial. A few days after proposing the amendment to the extradition laws, Carrie Lam suspended the proposal, but the protests in Hong Kong continue as the people of Hong Kong demand the high degree of autonomy promised by the Sino-British Joint Declaration of 1984. It is critical for the United States Congress to stand with the women and men advocating and speaking up for the autonomy and dignity of people of Hong Kong. I applaud the efforts and sacrifices pro-democracy activists have made and they should know that the United States fully supports their desire for freedom and peace, and strongly condemns the violent and oppressive tactics of the Hong Kong police. As a senior member of the House Committee on Homeland Security, I support the bilateral relationship between Hong Kong and the United States and the promotion of international peace. Mr. Speaker, I urge my colleagues to join me in supporting H. Res. 543 to condemn the brutality faced by the people of Hong Kong and which poses a strong threat to the democratic values we work to protect. The SPEAKER pro tempore. The question is on the motion offered by the gentleman from California (Mr. Sherman) that the House suspend the rules and agree to the resolution, H. Res. 543, as amended. The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the resolution, as amended, was agreed to. The title of the resolution was amended so as to read: ``A resolution recognizing Hong Kong's bilateral relationship with the United States, condemning the People's Republic of China for violating their obligations to the people of Hong Kong, and supporting the people of Hong Kong's right to freedom of assembly and peaceful protest.''. A motion to reconsider was laid on the table. ____________________
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