Bill Summary
This legislation, called a concurrent resolution, is a statement made by the United States Congress expressing their belief that Hong Kong's loss of autonomy in its judicial and political systems would put individuals in the US at risk of being subject to a legal system controlled by the Chinese Communist Party. It suggests that the US should suspend its extradition treaty with Hong Kong until it can be confirmed that Hong Kong's independence in its judicial system has been restored. The resolution highlights the importance of Hong Kong's autonomy, which was guaranteed by a treaty between the UK and China and confirmed by the Basic Law of the Hong Kong Special Administrative Region. It also mentions previous legislation, such as the United States-Hong Kong Policy Act of 1992, which ensured special treatment for Hong Kong and allowed the US to suspend these protections if Hong Kong's autonomy was deemed to be compromised. The resolution goes on to mention recent actions taken by the Chinese Communist Party, including the passing of a new national security law, which are seen as undermining Hong Kong's autonomy. It also mentions that other countries, such as Canada, Australia, and the UK, have suspended their extradition agreements with Hong Kong in response to these actions. Overall, the resolution expresses the view of Congress that the US should take action to protect the autonomy of Hong Kong and its people.
Possible Impacts
1. The legislation could affect individuals residing in the United States who have ties to Hong Kong, as they could potentially be subject to the Chinese Communist Party's judicial system if Hong Kong's autonomy is not maintained.
2. The legislation could also affect businesses and trade between the United States and Hong Kong, as the region's strong commitment to the rule of law and its independent legal system plays a significant role in its success as a global financial and banking center.
3. The legislation could also have diplomatic implications, as other countries such as Canada, Australia, and the United Kingdom have already suspended their extradition agreements with Hong Kong. This could potentially strain relationships between the United States and China.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 104 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. CON. RES. 104
Expressing the sense of Congress that Hong Kong's loss of judicial and
political autonomy would expose individuals residing in the United
States to a judicial system subservient to the Chinese Communist Party,
and that the United States should suspend its extradition treaty with
Hong Kong until it can be certified that Hong Kong's judicial
independence has been reestablished.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 23, 2020
Mr. Conaway submitted the following concurrent resolution; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
CONCURRENT RESOLUTION
Expressing the sense of Congress that Hong Kong's loss of judicial and
political autonomy would expose individuals residing in the United
States to a judicial system subservient to the Chinese Communist Party,
and that the United States should suspend its extradition treaty with
Hong Kong until it can be certified that Hong Kong's judicial
independence has been reestablished.
Whereas, on December 19, 1984, the United Kingdom and the People's Republic of
China (PRC) agreed to the Sino-British Joint Declaration on the Question
of Hong Kong, a legal binding treaty registered with the United Nations,
laying the framework guaranteeing the autonomy of Hong Kong;
Whereas upon the transfer of Hong Kong to the People's Republic of China, the
National People's Congress, in accordance with the Joint Declaration,
adopted the Basic Law of the Hong Kong Special Administrative Region
committing Beijing to maintaining a ``one country, two systems'' policy
regarding Hong Kong and solidifying the autonomy of the region;
Whereas the Basic Law provided the safeguards by which Hong Kong was promised a
high degree of autonomy and preserved Hong Kong's right to self-
governance and its highly regarded common law legal system committed to
protecting universal human rights and upholding commercial rules and
regulations;
Whereas Congress adopted the United States-Hong Kong Policy Act of 1992 ensuring
continued special treatment of Hong Kong as separate from the People's
Republic of China and authorized the President to suspend those
protections if it were determined that Hong Kong was not sufficiently
autonomous from the PRC;
Whereas Hong Kong's independent legal system and strong commitment to the rule
of law were paramount to its success as a global financial and banking
center and establishing itself as a strong and reliable trading partner
with the United States;
Whereas, in the 23 years of the ``one country, two systems'' policy, the Chinese
Communist Party has made repeated attempts to challenge and erode the
autonomy and open society of Hong Kong, including suppression of free
speech and democratic institutions;
Whereas, since June 2019, the Chinese Communist Party has aggressively escalated
efforts to undermined and usurp Hong Kong's autonomy;
Whereas, on May 27, 2020, Secretary of State Mike Pompeo declared that ``Hong
Kong does not continue to warrant treatment under United States laws in
the same manner as U.S. laws were applied to Hong Kong before July 1997.
No reasonable person can assert today that Hong Kong maintains a high
degree of autonomy from China, given facts on the ground.'';
Whereas, on May 28, 2020, the National People's Congress approved a new national
security law that would unravel the autonomy of Hong Kong and bypass the
region's independent legislature;
Whereas, on June 30, 2020, the Chinese Communist Party, in violation of
international agreements, finalized and enacted sweeping new powers over
Hong Kong, ending its long-held political and economic autonomy and
destroying the firewall between the two legal systems;
Whereas, on July 3, 2020, Canada suspended its extradition agreement with Hong
Kong;
Whereas, on July 9, 2020, Australia suspended its extradition agreement with
Hong Kong; and
Whereas, on July 20, 2020, the United Kingdom suspended its extradition
agreement with Hong Kong: Now, therefore, be it
Resolved by the House of Representatives (the Senate concurring),
That it is the sense of Congress that--
(1) the Hong Kong's loss of judicial and political autonomy
would expose individuals residing in the United States to a
judicial system subservient to the Chinese Communist Party; and
(2) the United States should suspend its extradition treaty
with Hong Kong until it can be certified that Hong Kong's
judicial independence has been reestablished.
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