Hong Kong Autonomy Act

134 STAT. 663 PUBLIC LAW 116–149—JULY 14, 2020 Public Law 116–149 116th Congress An Act To impose sanctions with respect to foreign persons involved in the erosion of certain obligations of China 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; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as the ‘‘Hong Kong Autonomy Act’’. (b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Findings. Sec. 4. Sense of Congress regarding Hong Kong. Sec. 5. Identification of foreign persons involved in the erosion of the obligations of China under the Joint Declaration or the Basic Law and foreign finan- cial institutions that conduct significant transactions with those per- sons. Sec. 6. Sanctions with respect to foreign persons that contravene the obligations of China under the Joint Declaration or the Basic Law. Sec. 7. Sanctions with respect to foreign financial institutions that conduct signifi- cant transactions with foreign persons that contravene the obligations of China under the Joint Declaration or the Basic Law. Sec. 8. Waiver, termination, exceptions, and congressional review process. Sec. 9. Implementation; penalties. Sec. 10. Rule of construction. SEC. 2. DEFINITIONS. In this Act: (1) ALIEN; NATIONAL; NATIONAL OF THE UNITED STATES.— The terms ‘‘alien’’, ‘‘national’’, and ‘‘national of the United States’’ have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) APPROPRIATE CONGRESSIONAL COMMITTEES AND LEADER- SHIP.—The term ‘‘appropriate congressional committees and leadership’’ means— (A) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Select Committee on Intelligence, and the majority leader and the minority leader of the Senate; and (B) the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on Hong Kong Autonomy Act. 22 USC 5701 note. July 14, 2020 [H.R. 7440] VerDate Sep 11 2014 14:19 Jul 28, 2020 Jkt 099139 PO 00149 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL149.116 PUBL149 wwoods2 on LAPJF8D0R2PROD with PUBLAW 134 STAT. 664 PUBLIC LAW 116–149—JULY 14, 2020 the Judiciary, the Permanent Select Committee on Intel- ligence, and the Speaker and the minority leader of the House of Representatives. (3) BASIC LAW.—The term ‘‘Basic Law’’ means the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China. (4) CHINA.—The term ‘‘China’’ means the People’s Republic of China. (5) ENTITY.—The term ‘‘entity’’ means a partnership, joint venture, association, corporation, organization, network, group, or subgroup, or any other form of business collaboration. (6) FINANCIAL INSTITUTION.—The term ‘‘financial institu- tion’’ means a financial institution specified in section 5312(a)(2) of title 31, United States Code. (7) HONG KONG.—The term ‘‘Hong Kong’’ means the Hong Kong Special Administrative Region of the People’s Republic of China. (8) JOINT DECLARATION.—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. (9) KNOWINGLY.—The term ‘‘knowingly’’, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge of the conduct, the circumstance, or the result. (10) PERSON.—The term ‘‘person’’ means an individual or entity. (11) UNITED STATES PERSON.—The term ‘‘United States per- son’’ means— (A) any citizen or national of the United States; (B) any alien lawfully admitted for permanent resi- dence in the United States; (C) any entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of such an entity); or (D) any person located in the United States. SEC. 3. FINDINGS. Congress makes the following findings: (1) The Joint Declaration and the Basic Law clarify certain obligations and promises that the Government of China has made with respect to the future of Hong Kong. (2) The obligations of the Government of China under the Joint Declaration were codified in a legally-binding treaty, signed by the Government of the United Kingdom of Great Britain and Northern Ireland and registered with the United Nations. (3) The obligations of the Government of China under the Basic Law originate from the Joint Declaration, were passed into the domestic law of China by the National People’s Con- gress, and are widely considered by citizens of Hong Kong as part of the de facto legal constitution of Hong Kong. (4) Foremost among the obligations of the Government of China to Hong Kong is the promise that, pursuant to Para- graph 3b of the Joint Declaration, ‘‘the Hong Kong Special Administrative Region will enjoy a high degree of autonomy, VerDate Sep 11 2014 14:19 Jul 28, 2020 Jkt 099139 PO 00149 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL149.116 PUBL149 wwoods2 on LAPJF8D0R2PROD with PUBLAW 134 STAT. 665 PUBLIC LAW 116–149—JULY 14, 2020 except in foreign and defence affairs which are the responsibil- ities of the Central People’s Government’’. (5) The obligation specified in Paragraph 3b of the Joint Declaration is referenced, reinforced, and extrapolated on in several portions of the Basic Law, including Articles 2, 12, 13, 14, and 22. (6) Article 22 of the Basic Law establishes that ‘‘No depart- ment of the Central People’s Government and no province, autonomous region, or municipality directly under the Central Government may interfere in the affairs which the Hong Kong Special Administrative Region administers on its own in accord- ance with this Law.’’. (7) The Joint Declaration and the Basic Law make clear that additional obligations shall be undertaken by China to ensure the ‘‘high degree of autonomy’’ of Hong Kong. (8) Paragraph 3c of the Joint Declaration states, as reinforced by Articles 2, 16, 17, 18, 19, and 22 of the Basic Law, that Hong Kong ‘‘will be vested with executive, legislative and independent judicial power, including that of final adjudica- tion’’. (9) On multiple occasions, the Government of China has undertaken actions that have contravened the letter or intent of the obligation described in paragraph (8) of this section, including the following: (A) In 1999, the Standing Committee of the National People’s Congress overruled a decision by the Hong Kong Court of Final Appeal on the right of abode. (B) On multiple occasions, the Government of Hong Kong, at the advice of the Government of China, is sus- pected to have not allowed persons entry into Hong Kong allegedly because of their support for democracy and human rights in Hong Kong and China. (C) The Liaison Office of China in Hong Kong has, despite restrictions on interference in the affairs of Hong Kong as detailed in Article 22 of the Basic Law— (i) openly expressed support for candidates in Hong Kong for Chief Executive and Legislative Council; (ii) expressed views on various policies for the Government of Hong Kong and other internal matters relating to Hong Kong; and (iii) on April 17, 2020, asserted that both the Liai- son Office of China in Hong Kong and the Hong Kong and Macau Affairs Office of the State Council ‘‘have the right to exercise supervision * * * on affairs regarding Hong Kong and the mainland, in order to ensure correct implementation of the Basic Law’’. (D) The National People’s Congress has passed laws requiring Hong Kong to pass laws banning disrespectful treatment of the national flag and national anthem of China. (E) The State Council of China released a white paper on June 10, 2014, that stressed the ‘‘comprehensive juris- diction’’ of the Government of China over Hong Kong and indicated that Hong Kong must be governed by ‘‘patriots’’. (F) The Government of China has directed operatives to kidnap and bring to the mainland, or is otherwise respon- sible for the kidnapping of, residents of Hong Kong, VerDate Sep 11 2014 14:19 Jul 28, 2020 Jkt 099139 PO 00149 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL149.116 PUBL149 wwoods2 on LAPJF8D0R2PROD with PUBLAW 134 STAT. 666 PUBLIC LAW 116–149—JULY 14, 2020 including businessman Xiao Jianhua and bookseller Gui Minhai. (G) The Government of Hong Kong, acting with the support of the Government of China, introduced an extra- dition bill that would have permitted the Government of China to request and enforce extradition requests for any individual present in Hong Kong, regardless of the legality of the request or the degree to which it compromised the judicial independence of Hong Kong. (H) The spokesman for the Standing Committee of the National People’s Congress said, ‘‘Whether Hong Kong’s laws are consistent with the Basic Law can only be judged and decided by the National People’s Congress Standing Committee. No other authority has the right to make judg- ments and decisions.’’. (10) Paragraph 3e of the Joint Declaration states, as reinforced by Article 5 of the Basic Law, that the ‘‘current social and economic systems in Hong Kong will remain unchanged, as so will the life-style.’’. (11) On multiple occasions, the Government of China has undertaken actions that have contravened the letter or intent of the obligation described in paragraph (10) of this section, including the following: (A) In 2002, the Government of China pressured the Government of Hong Kong to introduce ‘‘patriotic’’ cur- riculum in primary and secondary schools. (B) The governments of China and Hong Kong proposed the prohibition of discussion of Hong Kong independence and self-determination in primary and secondary schools, which infringes on freedom of speech. (C) The Government of Hong Kong mandated that Mandarin, and not the native language of Cantonese, be the language of instruction in Hong Kong schools. (D) The governments of China and Hong Kong agreed to a daily quota of mainland immigrants to Hong Kong, which is widely believed by citizens of Hong Kong to be part of an effort to ‘‘mainlandize’’ Hong Kong. (12) Paragraph 3e of the Joint Declaration states, as reinforced by Articles 4, 26, 27, 28, 29, 30, 31, 32 33, 34, and 39 of the Basic Law, that the ‘‘rights and freedoms, including those of 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 Hong Kong. (13) On multiple occasions, the Government of China has undertaken actions that have contravened the letter or intent of the obligation described in paragraph (12) of this section, including the following: (A) On February 26, 2003, the Government of Hong Kong introduced a national security bill that would have placed restrictions on freedom of speech and other protected rights. (B) The Liaison Office of China in Hong Kong has pressured businesses in Hong Kong not to advertise in newspapers and magazines critical of the governments of China and Hong Kong. VerDate Sep 11 2014 14:19 Jul 28, 2020 Jkt 099139 PO 00149 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL149.116 PUBL149 wwoods2 on LAPJF8D0R2PROD with PUBLAW 134 STAT. 667 PUBLIC LAW 116–149—JULY 14, 2020 (C) The Hong Kong Police Force selectively blocked demonstrations and protests expressing opposition to the governments of China and Hong Kong or the policies of those governments. (D) The Government of Hong Kong refused to renew work visa for a foreign journalist, allegedly for hosting a speaker from the banned Hong Kong National Party. (E) The Justice Department of Hong Kong selectively prosecuted cases against leaders of the Umbrella Move- ment, while failing to prosecute police officers accused of using excessive force during the protests in 2014. (F) On April 18, 2020, the Hong Kong Police Force arrested 14 high-profile democracy activists and cam- paigners for their role in organizing a protest march that took place on August 18, 2019, in which almost 2,000,000 people rallied against a proposed extradition bill. (14) Articles 45 and 68 of the Basic Law assert that the selection of Chief Executive and all members of the Legislative Council of Hong Kong should be by ‘‘universal suffrage.’’. (15) On multiple occasions, the Government of China has undertaken actions that have contravened the letter or intent of the obligation described in paragraph (14) of this section, including the following: (A) In 2004, the National People’s Congress created new, antidemocratic procedures restricting the adoption of universal suffrage for the election of the Chief Executive of Hong Kong. (B) The decision by the National People’s Congress on December 29, 2007, which ruled out universal suffrage in 2012 elections and set restrictions on when and if uni- versal suffrage will be implemented. (C) The decision by the National People’s Congress on August 31, 2014, which placed limits on the nomination process for the Chief Executive of Hong Kong as a condition for adoption of universal suffrage. (D) On November 7, 2016, the National People’s Con- gress interpreted Article 104 of the Basic Law in such a way to disqualify 6 elected members of the Legislative Council. (E) In 2018, the Government of Hong Kong banned the Hong Kong National Party and blocked the candidacy of pro-democracy candidates. (16) The ways in which the Government of China, at times with the support of a subservient Government of Hong Kong, has acted in contravention of its obligations under the Joint Declaration and the Basic Law, as set forth in this section, are deeply concerning to the people of Hong Kong, the United States, and members of the international community who sup- port the autonomy of Hong Kong. SEC. 4. SENSE OF CONGRESS REGARDING HONG KONG. It is the sense of Congress that— (1) the United States continues to uphold the principles and policy established in the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5701 et seq.) and the Hong Kong Human Rights and Democracy Act of 2019 (Public Law 116–76; 22 VerDate Sep 11 2014 14:19 Jul 28, 2020 Jkt 099139 PO 00149 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL149.116 PUBL149 wwoods2 on LAPJF8D0R2PROD with PUBLAW 134 STAT. 668 PUBLIC LAW 116–149—JULY 14, 2020 U.S.C. 5701 note), which remain consistent with C [Text truncated for display. Full text available on Congress.gov.]