Sec. 811. Annual reports on security services of the People’s Republic of China in the Hong Kong Special Administrative Region
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Congress finds that the National People’s Congress of the People’s Republic of China promulgated the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region on June 30, 2020. It is the sense of Congress that— the People’s Republic of China is legally bound to guarantee the civil liberties of the people of Hong Kong through 2047 under the Basic Law and 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 (hereafter the Joint Declaration), in which China committed that for 50 years, the social and economic systems in Hong Kong will remain unchanged, and so will the life-style ; the Joint Declaration states that Rights and freedoms, including those of the 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 the Hong Kong Special Administrative Region , and such rights are reiterated in Chapter III of the Basic Law; the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region violates China’s commitments under the Joint Declaration, constituting a violation of international law; the United States of America has a continued interest in the autonomy of the Hong Kong Special Administrative Region, particularly as it relates to the continued viability of the freedom of speech, of the press, and of publication; the freedom of association, or assembly; the freedom from arbitrary or unlawful arrest, detention, or imprisonment; the freedom from arbitrary or unlawful search of, or intrusion into, a Hong Kong resident’s home or other premises; the freedom and privacy of communication; the freedom of conscience; judicial independence; and the right to initiate legal proceedings in the courts to hold authorities accountable for unlawful acts; and the introduction of the Committee for Safeguarding National Security and a national security division of the Hong Kong Police Force that operates outside of the judicial oversight of the courts of Hong Kong further extends the reach of China’s security apparatus, undermining the integrity and independence of the judicial system of Hong Kong.
Title XI of the National Security Act of 1947 ( 50 U.S.C. 3231 et seq.), is amended by inserting after section 1107 the following new section: On an annual basis through 2047, the Director of National Intelligence shall submit to the appropriate congressional committees, and make publicly available on the internet website of the Director, a report on the presence and activities of Chinese security services operating within the Hong Kong Special Administrative Region. Each report under subsection
(a)shall include, with respect to the year covered by the report, the following: Identification of the approximate number of personnel affiliated with Chinese security services operating within the Hong Kong Special Administrative Region, including a breakdown of such personnel by the specific security service and the division of the security service, and (to the extent possible) an identification of any such personnel associated with the national security division of the Hong Kong Police Force. A description of the command and control structures of such security services, including information regarding the extent to which such security services are controlled by the Government of the Hong Kong Special Administrative Region or the Government of the People’s Republic of China. A description of the working relationship and coordination mechanisms of the Chinese security services with the police force of the Hong Kong Special Administrative Region. A description of the activities conducted by Chinese security services operating within the Hong Kong Special Administrative Region, including— information regarding the extent to which such security services, and officers associated with the national security division of the Hong Kong Police Force, are engaged in frontline policing, serving in advisory and assistance roles, or both; an assessment of the likelihood of such security services conducting renditions of individuals from the Hong Kong Special Administrative Region to China and a listing of every known individual subject to such rendition during the year covered by the report; and an assessment of how such activities conducted by Chinese security services contribute to self-censorship and corruption within the Hong Kong Special Administrative Region. A discussion of the doctrine and tactics employed by Chinese security services operating within the Hong Kong Special Administrative Region, including an overview of the extent to which such security services employ surveillance, detection, and control methods, including high-tech policing models and preventative policing tactics , that are consistent with the rise of digital authoritarianism, and used in a manner similar to methods used in the Xinjiang region of China. An overview of the funding for Chinese security services operating within the Hong Kong Special Administrative Region, including an assessment of the extent to which funding is drawn locally from the Hong Kong Special Administrative Region Government or from the Government of China. A discussion of the various surveillance technologies used by security services operating within the Hong Kong Special Administrative Region, including— a list of the key companies that provide such technologies; and an assessment of the degree to which such technologies can be accessed by Chinese security services operating within the Hong Kong Special Administrative Region. In carrying out subsection (a), the Director shall coordinate with the Director of the Central Intelligence Agency, the Director of the National Security Agency, the Director of the Defense Intelligence Agency, the Director of the National Geospatial-Intelligence Agency, the Assistant Secretary of State for the Bureau of Intelligence and Research, and any other relevant head of an element of the intelligence community. Each report submitted to the appropriate congressional committees under subsection
(a)shall be submitted in unclassified form, but may include a classified annex. In this section: The term appropriate congressional committees means— the congressional intelligence committees; the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and the Committee on Foreign Relations and the Committee on Armed Services of the Senate. The term Chinese security services means— the security services of the Government of the People’s Republic of China, including the Ministry of State Security and the Ministry of Public Security; and any known front organizations or aliases associated with such security services, including officers associated with the national security division of the Hong Kong Police Force and other officers of the Hong Kong Police Force selected by the Committee for Safeguarding National Security to work on matters relating to national security. . The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 1107 the following new item: Sec. 1107A. Annual reports on security services of the People’s Republic of China in the Hong Kong Special Administrative Region. .
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Sec. 811
Annual reports on security services of the People’s Republic of China in the Hong Kong Special Administrative Region
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