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22 U.S.C. § 5731 — Secretary of State report regarding the autonomy of Hong Kong

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 5731 — Secretary of State report regarding the autonomy of Hong Kong

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Stable record: federal_law:legal_authorities:record_usc_2a664354717db7d7015e6e90
Source file: Laws/federal/codes/united-states-code/title-22/section-5731-secretary-of-state-report-regarding-the-autonomy-of-hong-kong--de9749b684.md
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Source location: Title 22, Chapter 66, § 5731; chapter-066-united-states-hong-kong-policy.md

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**(a) Certification** (1) **In general** — Except as provided in subsection (b), the Secretary of State, on at least an annual basis, and in conjunction with the report required under [section 5731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section5731&num=0&edition=prelim), shall issue a certification to Congress that— (A) indicates whether Hong Kong continues to warrant treatment under United States law in the same manner as United States laws were applied to Hong Kong before July 1, 1997; (B) addresses— (i) commercial agreements; (ii) law enforcement cooperation, including extradition requests; (iii) sanctions enforcement; (iv) export controls, and any other agreements and forms of exchange involving dual use, critical, or other sensitive technologies; (v) any formal treaties or agreements between the United States and Hong Kong; (vi) other areas of bilateral cooperation that the Secretary determines to be relevant; and (vii) decision-making within the Government of Hong Kong, including executive, legislative, and judicial structures, including— (I) freedom of assembly; (II) freedom of speech; (III) freedom of expression; and (IV) freedom of the press, including the Internet and social media; (viii) universal suffrage, including the ultimate aim of the selection of the Chief Executive and all members of the Legislative Council by universal suffrage; (ix) judicial independence; (x) police and security functions; (xi) education; (xii) laws or regulations regarding treason, secession, sedition, subversion against the Central People’s Government of the People’s Republic of China, or theft of state secrets; (xiii) laws or regulations regarding foreign political organizations or bodies; (xiv) laws or regulations regarding political organizations; and (xv) other rights enumerated in 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; and (C) includes— (i) an assessment of the degree of any erosions to Hong Kong’s autonomy in each category listed in subparagraph (B) resulting from 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; (ii) an evaluation of the specific impacts to any areas of cooperation between the United States and Hong Kong resulting from erosions of autonomy in Hong Kong or failures of the Government of Hong Kong to fulfill obligations to the United States under international agreements within the categories listed in subparagraph (B); and (iii) a list of any specific actions taken by the United States Government in response to any erosion of autonomy or failures to fulfill obligations to the United States under international agreements identified in this certification and the report required under [section 5731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section5731&num=0&edition=prelim). (2) **Factor for consideration** — In making each 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. (3) **Additional certifications** — The certification under section (1) shall be issued annually, but the Secretary may issue additional certifications at any time if the Secretary determines it is warranted by circumstances in Hong Kong. **(b) Waiver authority** (1) **In general** — The Secretary of State may waive the application of subsection (a) if— (A) the Secretary determines that such a waiver is in the national security interests of the United States; and (B) on or before the date on which the 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; (2) **Partial waiver** — Except for the list of actions described in subsection (a)(1)(C)(iii), the Secretary of State may waive relevant parts of the application of subsection (a) if the President issues an Executive order under [section 5722 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section5722&num=0&edition=prelim) that suspends the application of any particular United States law to Hong Kong.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 5722 — Cultural and educational exchanges

It is the sense of the Congress that the following, which are based in part on the relevant provisions of the Joint Declaration, are and should continue after June 30, 1997, to be the policy of the United States with respect to cultural and educational exchanges with Hong Kong: (1) The United States should seek to maintain and expand United States-Hong Kong relations and exchanges in culture, education, science, and academic research. The United States should encourage American participation in bilateral exchanges with Hong Kong, both official and unofficial. (2) The United States should actively seek to further United States-Hong Kong cultural relations and promote bilateral exchanges, including the negotiating and concluding of appropriate agreements in these matters. (3) Hong Kong should be accorded separate status as a full partner under the Fulbright Academic Exchange Program (apart from the United Kingdom before July 1, 1997, and apart from the People’s Republic of China thereafter), with the continuation or establishment of a Fulbright Commission or functionally equivalent mechanism. (4) The United States should actively encourage Hong Kong residents to visit the United States on nonimmigrant visas for such purposes as business, tourism, education, and scientific and academic research, in accordance with applicable United States and Hong Kong laws. (5) Upon the request of the Legislative Council of Hong Kong, the Librarian of Congress, acting through the Congressional Research Service, should seek to expand educational and informational ties with the Council.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 5722

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 5701 — Reporting requirement

**(a) In general** Not later than March 31, 2019, and annually thereafter through 2024, the Secretary of State shall submit to the appropriate congressional committees a report on conditions in Hong Kong of interest to the United States. This report shall cover (in the case of the initial report) the period since October 5, 1992, or (in the case of subsequent reports) the period since the most recent report pursuant to this section and shall describe— (1) significant developments in United States relations with Hong Kong, including a description of agreements that have entered into force between the United States and Hong Kong; (2) other matters, including developments related to the change in the exercise of sovereignty over Hong Kong, affecting United States interests in Hong Kong or United States relations with Hong Kong; (3) the nature and extent of United States-Hong Kong cultural, education, scientific, and academic exchanges, both official and unofficial; (4) the laws of the United States with respect to which the application of [section 5721(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section5721/a&num=0&edition=prelim) has been suspended pursuant to [section 5722(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section5722/a&num=0&edition=prelim) or with respect to which such a suspension has been terminated pursuant to [section 5722(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section5722/d&num=0&edition=prelim), and the reasons for the suspension or termination, as the case may be; (5) treaties and other international agreements with respect to which the President has made a determination described in the last sentence of [section 57

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 5701

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 5711 — Findings and declarations

The Congress makes the following findings and declarations: (1) The Congress recognizes that under the 1984 Sino-British Joint Declaration: (A) The People’s Republic of China and the United Kingdom of Great Britain and Northern Ireland have agreed that the People’s Republic of China will resume the exercise of sovereignty over Hong Kong on July 1, 1997. Until that time, the United Kingdom will be responsible for the administration of Hong Kong. (B) The Hong Kong Special Administrative Region of the People’s Republic of China, beginning on July 1, 1997, will continue to enjoy a high degree of autonomy on all matters other than defense and foreign affairs. (C) There is provision for implementation of a “one country, two systems” policy, under which Hong Kong will retain its current lifestyle and legal, social, and economic systems until at least the year 2047. (D) The legislature of the Hong Kong Special Administrative Region will be constituted by elections, and the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, as applied to Hong Kong, shall remain in force. (E) Provision is made for the continuation in force of agreements implemented as of June 30, 1997, and for the ability of the Hong Kong Special Administrative Region to conclude new agreements either on its own or with the assistance of the Government of the People’s Republic of China. (2) The Congress declares its wish to see full implementation of the provisions of the Joint Declaration. (3) The President has announced his support for the policies and decisions reflected in the Joint Declaration. (4) Hong Kong plays an important role in today’s regional and world economy. This role is reflected in str

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 5711

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 5723 — Continued application of United States law

**(a) In general** Notwithstanding any change in the exercise of sovereignty over Hong Kong, the laws of the United States shall continue to apply with respect to Hong Kong, on and after July 1, 1997, in the same manner as the laws of the United States were applied with respect to Hong Kong before such date unless otherwise expressly provided by law or by Executive order under [section 5722 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section5722&num=0&edition=prelim). **(b) International agreements** For all purposes, including actions in any court in the United States, the Congress approves the continuation in force on and after July 1, 1997, of all treaties and other international agreements, including multilateral conventions, entered into before November 27, 2019, between the United States and Hong Kong, or entered into before November 27, 2019, between the United States and the United Kingdom and applied to Hong Kong, unless or until terminated in accordance with law. If in carrying out this subchapter, the President determines that Hong Kong is not legally competent to carry out its obligations under any such treaty or other international agreement, or that the continuation of Hong Kong’s obligations or rights under any such treaty or other international agreement is not appropriate under the circumstances, such determination shall be reported to the Congress in accordance with [section 5731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section5731&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 5731 — Reporting requirement

Page 1694 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5731 erwise qualified applicants who resided in Hong Kong in 2014 and later, may not be denied pri- marily on the basis of the applicant’s subjection to politically-motivated arrest, detention, or other adverse government action. (b) Implementation The Secretary of State shall take such steps as may be necessary to ensure that consular of- ficers are aware of the policy described in sub- section (a) and receive appropriate training and support to ensure that the policy is carried out so that affected individuals do not face discrimi- nation or unnecessary delay in the processing of their visa applications, including— (1) providing specialized training for all con- sular officers posted to the United States Em- bassy in Beijing or to any United States con- sulate in the People’s Republic of China, the Hong Kong Special Administrative Region, or the Macau Special Administrative Region; (2) instructing the United States Consulate in Hong Kong to maintain an active list of in- dividuals who are known to have been for- mally charged, detained, or convicted by the Government of Hong Kong Special Adminis- trative Region or by the Government of the People’s Republic of China, or intermediaries of such governments, based on politically-mo- tivated considerations related to their exer- cise of rights enumerated in the Universal Declaration of Human Rights, done at Paris December 10, 1948, or the International Cov- enant on Civil and Political Rights, done at New York December 19, 1966, to facilitate the cross-checking of visa applications for Hong Kong residents; and (3) updating any relevant United States Gov- ernment websites with information on the pol- icy described in subsection (a). (c) Cooperatio

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