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— in section 201(b), by inserting or after after entered into before ; and adding at the end the following: The Secretary of State shall annually certify to Congress, in conjunction with the report required under section 301, whether Hong Kong is sufficiently autonomous to justify special treatment by the United States for bilateral agreements and programs, in accordance with this Act, including the degree to which Hong Kong’s autonomy has been eroded due to actions taken by the Government of China that are inconsistent with its commitments in the Basic Law and the Joint Declaration and the impact of such erosion on specific areas of cooperation with the United States, including on political rights, civil liberties, rule of law, freedom of information, religious freedom, and democratic governance in Hong Kong.
In making a certification under paragraph (1), the Secretary of State should consider the terms, obligations, and expectations expressed in the Joint Declaration with respect to Hong Kong. The Secretary of State may waive the application of subsection
(a)if the Secretary— determines that such a waiver is in the national security interests of the United States; and on or before the date on which the waiver takes effect, 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. . 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: Notwithstanding any other provision of law, applications for visas to enter, study, or work in the United States, which are submitted by otherwise qualified applicants who resided in Hong Kong in 2014, shall not be denied on the basis of the applicant’s arrest, detention, or other adverse government action taken as a result of the applicant’s participation in nonviolent protest activities related to the electoral process, internationally recognized human rights, protecting an independent judiciary, or the rule of law. The Secretary of State shall take such steps as may be necessary to ensure that consular officers are aware of the policy described in subsection
(a)and receive appropriate training and support to ensure that the policy is carried out so that affected individuals do not face discrimination or unnecessary delay in the processing of their visa applications, including— providing specialized training for consular officers posted to Hong Kong, Beijing, Guangzhou, or Macau; instructing the United States Consulate in Hong Kong to maintain an active list of individuals whom are known to have been detained, arrested, or otherwise targeted by the Government of Hong Kong or of China, or intermediaries of such governments, as a result of their participation in the 2014 protests, to facilitate the cross-checking of visa applications for Hong Kong residents; amending the physical and online versions of the visa application, as necessary, to notify relevant applicants of such policy; and instructing personnel at the United States Consulate in Hong Kong to engage with relevant individuals in the Hong Kong community to proactively inform them that they will not face discrimination when applying for a visa to the United States due to any adverse action taken against them by the authorities as a result of their participation in the 2014 protests or other peaceful pro-democracy or human rights demonstrations. The Secretary of State, or his or her designee, shall contact appropriate representatives of other democratic countries, particularly those who receive a large number of applicants for student and employment visas from Hong Kong— to inform them of the United States policy regarding arrests for participation in nonviolent protests in Hong Kong; to encourage them to take similar steps to ensure the rights of nonviolent protesters are protected from discrimination due to the actions of the Government of Hong Kong and of China; and to offer to share information, as appropriate, regarding the execution of such policy, including information regarding persons eligible for relief under such policy. .
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Sec. 4
Amendments to the United States-Hong Kong Policy Act of 1992
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