Hong Kong People’s Freedom and Choice Act

I 116TH CONGRESS 2D SESSION H. R. 7428 To reaffirm the principles and objectives set forth in the United States- Hong Kong Policy Act of 1992, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 30, 2020 Mr. MALINOWSKI (for himself, Mr. KINZINGER, Mr. PHILLIPS, Mr. CURTIS, Mr. LOWENTHAL, and Mr. MCGOVERN) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently de- termined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reaffirm the principles and objectives set forth in the United States-Hong Kong Policy Act of 1992, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Hong Kong People’s 4 Freedom and Choice Act’’. 5 SEC. 2. DEFINITIONS. 6 For the purposes of this Act: 7 VerDate Sep 11 2014 01:56 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7428.IH H7428 SSpencer on DSK126QN23PROD with BILLS 2 •HR 7428 IH (1) JOINT DECLARATION.—The ‘‘Joint Declara- 1 tion of the Government of the United Kingdom of 2 Great Britain and Northern Ireland and the Govern- 3 ment of the People’s Republic of China on the Ques- 4 tion of Hong Kong’’ signed on December 19, 1984, 5 and entered into force on May 27, 1985, will be 6 called the ‘‘Sino-British Joint Declaration’’. 7 (2) PRIORITY HONG KONG RESIDENT.—Priority 8 Hong Kong residents will be defined as lawful resi- 9 dents of Hong Kong and lawful permanent residents 10 of Hong Kong who hold no right to citizenship or 11 residency in any country or jurisdiction other than 12 the People’s Republic of China (referred to in this 13 Act as ‘‘PRC’’), Hong Kong, or Macau as of the 14 date of enactment of this Act and who have resided 15 in Hong Kong for the last 10 years, or the imme- 16 diate family member of such person. 17 (3) APPROPRIATE CONGRESSIONAL COMMIT- 18 TEES.—The appropriate congressional committees 19 are defined as— 20 (A) the Committee on Foreign Affairs and 21 the Committee on the Judiciary of the House of 22 Representatives; and 23 VerDate Sep 11 2014 01:56 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7428.IH H7428 SSpencer on DSK126QN23PROD with BILLS 3 •HR 7428 IH (B) the Committee on Foreign Relations 1 and the Committee of the Judiciary of the Sen- 2 ate. 3 SEC. 3. FINDINGS. 4 Congress finds the following: 5 (1) The National People’s Congress (referred to 6 in this Act as ‘‘NPC’’) of the PRC has committed 7 to pass national security legislation which, if en- 8 acted, would— 9 (A) contravene the will of the people of 10 Hong Kong whose constitution, the Basic Law, 11 provides in Article 23 that the Legislative 12 Council of Hong Kong shall enact legislation re- 13 lated to national security; 14 (B) violate the PRC’s commitments under 15 international law, as defined by the Joint Dec- 16 laration of the Government of the United King- 17 dom of Great Britain and Northern Ireland and 18 the Government of the PRC on the Question of 19 Hong Kong (referred to in this Act as ‘‘Joint 20 Declaration’’), an international treaty signed on 21 December 19, 1984, and entered into force on 22 May 27, 1985; and 23 (C) cause severe and irreparable damage to 24 the ‘‘one country, two systems’’ principle and 25 VerDate Sep 11 2014 01:56 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7428.IH H7428 SSpencer on DSK126QN23PROD with BILLS 4 •HR 7428 IH further erode global confidence in the PRC’s 1 commitment to international law. 2 (2) The United States has a long and proud 3 history as a destination for refugees and asylees flee- 4 ing persecution based on race, religion, nationality, 5 political opinion, or membership in a particular so- 6 cial group. 7 (3) The United States also shares deep social, 8 cultural, and economic ties with the people of Hong 9 Kong, including a shared commitment to democracy, 10 to the rule of law, and to the protection of human 11 rights. 12 (4) The United States has sheltered, protected, 13 and welcomed as American citizens individuals who 14 have fled oppression of authoritarian regimes, in- 15 cluding citizens from the PRC following the violent 16 June 4, 1989, crackdown in Tiananmen Square, 17 deepening ties between the people of the United 18 States and those individuals, regardless of nation- 19 ality, seeking to contribute to a free, open society 20 founded on respect for the rule of law. 21 (5) The United States has reaped enormous 22 economic, cultural, and strategic benefit from wel- 23 coming successive generations of scientists, doctors, 24 entrepreneurs, artists, intellectuals, and other free- 25 VerDate Sep 11 2014 01:56 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7428.IH H7428 SSpencer on DSK126QN23PROD with BILLS 5 •HR 7428 IH dom-loving people fleeing Fascism, Communism, vio- 1 lent Islamist extremism, and other repressive 2 ideologies, including in the case of Nazi Germany, 3 the Soviet Union and Soviet-controlled Central Eu- 4 rope, Cuba, Vietnam, and Iran. 5 (6) Offering prospective refuge to those who 6 have contributed the most to Hong Kong’s success 7 would signal to the Chinese Communist Party that 8 repression in Hong Kong would result in losing its 9 immense wealth and talent to the United States. 10 (7) A mid-2020 Brookings report notes that 11 ‘‘Chinese officials see the United States’ continued 12 ability to attract and retain Chinese talent as a seri- 13 ous impediment to their technological ambitions’’ 14 and a 2009 report of ‘‘Issues in Science and Tech- 15 nology’’ notes that ‘‘competition for [science and 16 technology] brainpower . . . will become one of the 17 key defining features of the West’s interactions with 18 the PRC over the coming decades.’’ 19 (8) A major asymmetric advantage of the 20 United States in its long-term strategic competition 21 with the Communist Party of China is the ability of 22 people from every country in the world, irrespective 23 of their race, ethnicity or religion, to immigrate to 24 the United States and become American citizens. 25 VerDate Sep 11 2014 01:56 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7428.IH H7428 SSpencer on DSK126QN23PROD with BILLS 6 •HR 7428 IH SEC. 4. STATEMENT OF POLICY. 1 It is the policy of the United States— 2 (1) to continue to reaffirm the principles and 3 objectives set forth in the United States-Hong Kong 4 Policy Act of 1992 (Public Law 102–383), namely 5 that— 6 (A) the United States has ‘‘a strong inter- 7 est in the continued vitality, prosperity, and 8 stability of Hong Kong’’; 9 (B) ‘‘support for democratization is a fun- 10 damental principle of United States foreign pol- 11 icy’’ and therefore ‘‘naturally applies to United 12 States policy toward Hong Kong’’; 13 (C) ‘‘the human rights of the people of 14 Hong Kong are of great importance to the 15 United States and are directly relevant to 16 United States interests in Hong Kong and 17 serve as a basis for Hong Kong’s continued eco- 18 nomic prosperity’’; and 19 (D) Hong Kong must remain sufficiently 20 autonomous from the PRC to ‘‘justify treat- 21 ment under a particular law of the United 22 States, or any provision thereof, different from 23 that accorded the People’s Republic of China’’; 24 VerDate Sep 11 2014 01:56 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7428.IH H7428 SSpencer on DSK126QN23PROD with BILLS 7 •HR 7428 IH (2) to continue to support the high degree of 1 autonomy and fundamental rights and freedoms of 2 the people of Hong Kong, as enumerated by— 3 (A) the Joint Declaration; 4 (B) the International Covenant on Civil 5 and Political Rights, done at New York Decem- 6 ber 19, 1966; and 7 (C) the Universal Declaration of Human 8 Rights, done at Paris December 10, 1948; 9 (3) to continue to support the democratic aspi- 10 rations of the people of Hong Kong, including the 11 ‘‘ultimate aim’’ of the selection of the Chief Execu- 12 tive and all members of the Legislative Council by 13 universal suffrage, as articulated in the Basic Law 14 of the Hong Kong Special Administrative Region of 15 the PRC (referred to in this Act as the ‘‘Basic 16 Law’’); 17 (4) to urge the Government of the PRC, despite 18 its recent actions, to uphold its commitments to 19 Hong Kong, including allowing the people of Hong 20 Kong to govern Hong Kong with a high degree of 21 autonomy and without undue interference, and en- 22 suring that Hong Kong voters freely enjoy the right 23 to elect the Chief Executive and all members of the 24 VerDate Sep 11 2014 01:56 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7428.IH H7428 SSpencer on DSK126QN23PROD with BILLS 8 •HR 7428 IH Hong Kong Legislative Council by universal suf- 1 frage; 2 (5) to support the establishment of a genuine 3 democratic option to freely and fairly nominate and 4 elect the Chief Executive of Hong Kong, and the es- 5 tablishment by 2020 of open and direct democratic 6 elections for all members of the Hong Kong Legisla- 7 tive Council; 8 (6) to support the robust exercise by residents 9 of Hong Kong of the rights to free speech, the press, 10 and other fundamental freedoms, as provided by the 11 Basic Law, the Joint Declaration, and the Inter- 12 national Covenant on Civil and Political Rights; 13 (7) to support freedom from arbitrary or unlaw- 14 ful arrest, detention, or imprisonment for all Hong 15 Kong residents, as provided by the Basic Law, the 16 Joint Declaration, and the International Covenant 17 on Civil and Political Rights; 18 (8) to draw international attention to any viola- 19 tions by the Government of the PRC of the funda- 20 mental rights of the people of Hong Kong, as pro- 21 vided by the International Covenant on Civil and Po- 22 litical Rights, and any encroachment upon the au- 23 tonomy guaranteed to Hong Kong by the Basic Law 24 and the Joint Declaration; 25 VerDate Sep 11 2014 01:56 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7428.IH H7428 SSpencer on DSK126QN23PROD with BILLS 9 •HR 7428 IH (9) to protect United States citizens and long- 1 term permanent residents living in Hong Kong, as 2 well as people visiting and transiting through Hong 3 Kong; 4 (10) to maintain the economic and cultural ties 5 that provide significant benefits to both the United 6 States and Hong Kong; 7 (11) to coordinate with allies, including the 8 United Kingdom, Australia, Canada, Japan, and the 9 Republic of Korea, to promote democracy and 10 human rights in Hong Kong; and 11 (12) in the case of the promulgation of new na- 12 tional security legislation in Hong Kong, to review 13 immigration, asylum, and residency regulations such 14 that those residents of Hong Kong fleeing persecu- 15 tion and seeking better opportunities will be wel- 16 comed in the United States. 17 SEC. 5. PROTECTION FOR HONG KONG RESIDENTS IN THE 18 UNITED STATES. 19 (a) DESIGNATION.— 20 (1) IN GENERAL.—For purposes of section 244 21 of the Immigration and Nationality Act (8 U.S.C. 22 1254a), Hong Kong shall be treated as if it had 23 been designated under subsection (b)(1)(C) of that 24 section, subject to the provisions of this section. 25 VerDate Sep 11 2014 01:56 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7428.IH H7428 SSpencer on DSK126QN23PROD with BILLS 10 •HR 7428 IH (2) PERIOD OF DESIGNATION.—The initial pe- 1 riod of the designation referred to in paragraph (1) 2 shall be for the 18-month period beginning from 3 such time as the Standing Committee of the NPC of 4 the PRC promulgates national security legislation 5 with respect to Hong Kong that amends Article III 6 of Hong Kong’s Basic Law. 7 (b) ALIENS ELIGIBLE.—As a result of the designa- 8 tion made under subsection (a), an alien who is a resident 9 of Hong Kong is deemed to satisfy the requirements under 10 paragraph (1) of section 244(c) of the Immigration and 11 Nationality Act (8 U.S.C. 1254a(c)), subject to paragraph 12 (3) of such section, if the alien— 13 (1) has been continuously physically present in 14 the United States since the date of the enactment of 15 this Act; 16 (2) is admissible as an immigrant, except as 17 otherwise provided in paragraph (2)(A) of such sec- 18 tion, and is not ineligible for temporary protected 19 status under paragraph (2)(B) of such section; and 20 (3) registers for temporary protected status in 21 a manner established by the Secretary of Homeland 22 Security. 23 (c) CONSENT TO TRAVEL ABROAD.— 24 VerDate Sep 11 2014 01:56 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7428.IH H7428 SSpencer on DSK126QN23PROD with BILLS 11 •HR 7428 IH (1) IN GENERAL.—The Secretary of Homeland 1 Security shall give prior consent to travel abroad, in 2 accordance with section 244(f)(3) of the Immigra- 3 tion and Nationality Act (8 U.S.C. 1254a(f)(3)), to 4 an alien who is granted temporary protected status 5 pursuant to the designation made under subsection 6 (a) if the alien establishes to the satisfaction of the 7 Secretary of Homeland Security that emergency and 8 extenuating circumstances beyond the control of the 9 alien require the alien to depart for a brief, tem- 10 porary trip abroad. 11 (2) TREATMENT UPON RETURN.—An alien re- 12 turning to the United States in accordance with an 13 authorization described in paragraph (1) shall be 14 treated as any other returning alien provided tem- 15 porary protected status under section 244 of the Im- 16 migration and Nationality Act (8 U.S.C. 1254a). 17 (d) FEE.— 18 (1) IN GENERAL.—In addition to any other fee 19 authorized by law, the Secretary of Homeland Secu- 20 rity is authorized to charge and collect a fee of $360 21 for each application for temporary protected status 22 under section 244 of the Immigration and Nation- 23 ality Act by a person who is only eligible for such 24 status by reason of subsection (a). 25 VerDate Sep 11 2014 01:56 Jul 24, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7428.IH H7428 SSpencer on DSK126QN23PROD with BILLS 12 •HR 7428 IH (2) WAIVER.—The Secretary of Homeland Se- 1 curity shall permit aliens to apply for a waiver of 2 any fees associated with filing an application re- 3 ferred to in paragraph (1). 4 SEC. 6. DIFFERENTIAL TREATMENT OF HONG KONG RESI- 5 DENTS FOR IMMIGRATION PURPOSES. 6 (a) IN GENERAL.—For not less than 5 years from 7 such time as the President suspends, in whole or in part, 8 special treatment of Hong Kong under United S [Text truncated for display. Full text available on Congress.gov.]