Sec. 6. Protecting United States citizens and others from rendition to mainland China
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Congress makes the following findings: The proposed amendments to Hong Kong’s Fugitive Ordinance, if enacted— would allow rendition from Hong Kong of residents or foreign nationals to countries— with criminal procedure systems that lack strong protections for the rights of defendants; or in which the law is used as to repress internationally recognized human rights, including to mainland China; would remove independent legislative oversight and appropriate judicial review of extradition requests; may increase the influence of the Government of China in Hong Kong and further erode the autonomy guaranteed Hong Kong by the Joint Declaration; and would erode Hong Kong’s reputation as a center of commerce and freedom governed by the rule of law.
The Government of China has subjected Chinese and foreign nationals, including citizens of the United States, Canada, Australia, Sweden, and Taiwan, to arbitrary detention, televised confessions, denial of legal representation and medical treatment, and other types of mistreatment. It is the policy to the United States— to ensure that United States citizens are protected from rendition to mainland China; pursuant to section 103(7) of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5713(7) ), to encourage United States businesses to continue to operate in Hong Kong in accordance with applicable United States and Hong Kong law ; and pursuant to section 201(b) of such Act ( 22 U.S.C. 5721(b) ), to decide whether the Government of Hong Kong is legally competent to carry out its obligations under treaties and international agreements established between the United States and Hong Kong.
If the proposed amendments to Hong Kong’s Fugitive Offenders Ordinance are enacted, and the amended law allows renditions to countries that lack protection for the rights of defendants— not later than 30 days after the date of the enactment of such amendments, the President shall submit a report to the appropriate congressional committees that— assesses whether the Government of Hong Kong is legally competent to administer the United States-Hong Kong Agreement for the Surrender of Fugitive Offenders; determines whether any additional authorities are needed to revise or withdraw from that treaty to protect United States citizens and national security and to support the guaranteed protections of the Joint Declaration; and includes a strategy for protecting United States citizens from rendition to mainland China from Hong Kong, including an assessment of— whether additional resources are needed for American Citizen Services at the United States Consulate in Hong Kong; and whether the Department of State will revise the travel advisory for Hong Kong to reflect the potential impact of the revised Fugitive Offenders Ordinance on United States residents and individuals traveling to, or transiting through, Hong Kong; and if the Government of Hong Kong enacts a new law regarding national security, pursuant to Article 23 of the Basic Law, the President and the Secretary of State shall take the actions required under paragraph
(1)and any additional actions required under section 202 of the United States-Hong Kong Policy Act of 1992 (U.S.C. 5722) unless Secretary of State certifies that— the new law does not violate the guarantees of the Joint Declaration; and the internationally recognized human rights of Hong Kong citizens and foreign residents will not be restricted as a result of the new law’s implementation.
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Sec. 6
Protecting United States citizens and others from rendition to mainland China
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