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

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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Stable record: federal_law:legal_authorities:record_usc_9bdccfca1a76a6728c50a1b7
Source file: Laws/federal/codes/united-states-code/title-22/section-5723-continued-application-of-united-states-law--6fc44aaf76.md
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Source location: Title 22, Chapter 66, § 5723; chapter-066-united-states-hong-kong-policy.md

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**(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 — Secretary of State report regarding the autonomy of Hong Kong

**(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

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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.

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

22 U.S.C. § 5723 — Rules and regulations

Page 1692 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5715 tive Region which do not involve travel to, from, or through other parts of the People’s Republic of China. (8) The United States should make every ef- fort to ensure that the negotiations described in paragraph (7) lead to procompetitive air service agreements. (Pub. L. 102–383, title I, § 104, Oct. 5, 1992, 106 Stat. 1451.) § 5715. Cultural and educational exchanges It is the sense of the Congress that the fol- lowing, 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 cul- tural and educational exchanges with Hong Kong: (1) The United States should seek to main- tain and expand United States-Hong Kong re- lations and exchanges in culture, education, science, and academic research. The United States should encourage American participa- tion in bilateral exchanges with Hong Kong, both official and unofficial. (2) The United States should actively seek to further United States-Hong Kong cultural re- lations and promote bilateral exchanges, in- cluding the negotiating and concluding of ap- propriate 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 there- after), with the continuation or establishment of a Fulbright Commission or functionally equivalent mechanism. (4) The United States should actively en- courage Hong Kong residents to visit the United States on nonimmigrant visas for such purposes as business, tourism, education, and scientific and academic research, in ac

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