Sec. 4. Amendments to the United States-Hong Kong Policy Act of 1992
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Title II of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5721 et seq.) is amended by adding at the end the following new section: The Secretary of State shall annually submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a certification, in conjunction with, and taking into consideration the contents of, the report required in section 301, regarding whether Hong Kong continues to warrant treatment under particular treaties, international agreements, and United States laws, or any provisions thereof, specified in paragraph
(2)in the same manner as such treaties, international agreements, and laws were applied to Hong Kong as of the date of enactment of this section. The treaties, international agreements, and United States laws specified in this paragraph are the following: Commercial agreements. Law enforcement cooperation, including extradition matters. Nonproliferation commitments. Sanctions enforcement. Export control agreements, including enforcement of export controls with respect to dual use technologies. Formal treaties and agreements between the United States and Hong Kong, including agreements related to taxation and currency exchange. Other particular laws of the United States, or any provisions thereof, that accord to Hong Kong treatment different to that accorded to the People’s Republic of China. Other bilateral or multilateral agreements determined relevant by the Secretary. Each assessment under paragraph
(1)shall include an evaluation of the Government of Hong Kong’s autonomous decision-making within the executive, legislative, and judicial branches, with respect to— upholding the rule of law; and protecting the rights enumerated in— 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 December 19, 1984 (the Joint Declaration ); the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (the Basic Law ); the Universal Declaration of Human Rights, done at Paris December 10, 1948; and the International Covenant on Civil and Political Rights, done at New York December 19, 1966. In making a certification under paragraph (1), the Secretary of State should consider the terms, obligations, and expectations expressed in the Joint Declaration and the Basic Law. Notwithstanding the annual requirement for certifications under paragraph (1), the Secretary of State may issue additional certifications at any time if the Secretary determines that circumstances in Hong Kong warrant such. Each certification under paragraph
(1)and any additional certifications under paragraph
(5)shall be submitted in unclassified from but may include a classified annex if the Secretary of State determines such is necessary. The Secretary of State may waive the application of subsection (a), in whole or in part, if— the Secretary determines that such a waiver— is in the national security interests of the United States; or would protect the autonomy of Hong Kong; and on or before the date on which such a waiver takes effect, the Secretary notifies the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives of the intent to waive such subsection. The unclassified portion of the certifications required under subsection
(a)shall be made available to the public, including through publication on the Department of State website. . Title II of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5721 et seq.), as amended by subsection (a), is further amended by adding at the end the following new section: It is the sense of Congress that applications for visas to enter the United States, including for work or study, which are submitted by otherwise qualified applicants from Hong Kong should not be denied solely on the basis of politically-motivated arrest, detention, or other adverse government action taken against such applicants as a result of the participation by such applicants in protest activities, and that the Secretary of State should make efforts to implement such policy, ensure consular officers make determinations in accordance with such policy, and coordinate with representatives of other countries to encourage the adoption of compatible policies. . Subsection
(a)of section 301 of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5731 ) is amended— in the matter preceding paragraph (1), in the first sentence, by striking 2024 and inserting 2027 ; in paragraph (7), by striking and after the semicolon at the end; in paragraph (8), by striking the period and inserting ; and ; and by adding at the end the following new paragraphs: China’s ability to limit Hong Kong’s autonomy with respect to the treaties, international agreements, and United States laws specified in section 205(a)(2) as result of actions by the Government of the People’s Republic of China that are inconsistent with its commitments under the Basic Law or the Joint Declaration; the limitations to Hong Kong’s autonomy with respect to the treaties, international agreements, and United States laws specified in section 205(a)(2) resulting from actions by the Government of the Hong Kong Special Autonomous Region that are inconsistent with its commitments under the Basic Law or the Joint Declaration; the specific impacts to any areas of cooperation between the United States and Hong Kong as a result of limits, whether self-imposed or otherwise, to Hong Kong’s autonomy, including any failures of the Hong Kong Government to fulfill obligations with the United States under the treaties, international agreements, and United States laws specified in section 205(a)(2); the specific actions taken by the United States Government to mitigate the negative impact to United States interests of limitations, whether self-imposed or otherwise, to Hong Kong’s autonomy or any failures to fulfill obligations with the United States under the treaties, international agreements, and United States laws specified in section 205(a)(2); and whether the rescission of special treatment under any particular treaties, international agreements, or particular laws of the United States, or any provisions thereof would contribute to further erosion of Hong Kong’s autonomy. .
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