22 U.S.C. § 5702 — Definitions

Page 1690 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5702 SEC. 14. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. SEC. 15. If, based on consideration of the terms, obli- gations, and expectations expressed in the Joint Dec- laration, I determine that changes in China’s actions ensure that Hong Kong is sufficiently autonomous to justify differential treatment in relation to the PRC under United States law, I will reconsider the deter- minations made and actions taken and directed under this order. DONALD J. TRUMP. Continuations of the national emergency with re- spect to Hong Kong declared by Ex. Ord. No. 13936 were contained in the following: Notice of President of the United States, dated July 10, 2024, 89 F.R. 57047. Notice of President of the United States, dated July 11, 2023, 88 F.R. 44669. Notice of President of the United States, dated July 11, 2022, 87 F.R. 42057. Notice of President of the United States, dated July 7, 2021, 86 F.R. 36479. § 5702. Definitions For purposes of this chapter— (1) the term ‘‘Hong Kong’’ means, prior to July 1, 1997, the British Dependent Territory of Hong Kong, and on and after July 1, 1997, the Hong Kong Special Administrative Region of the People’s Republic of China; (2) the term ‘‘Joint Declaration’’ means the Joint Declaration of the Government of the United Kingdom of Great Britain and North- ern Ireland and the Government of the Peo- ple’s Republic of China on the Question of Hong Kong, done at Beijing on December 19, 1984; and (3) the term ‘‘laws of the United States’’ means provisions of law enacted by the Con- gress. (Pub. L. 102–383, § 3, Oct. 5, 1992, 106 Stat. 1449.) SUBCHAPTER I—POLICY § 5711. Bilateral ties between United States and Hong Kong It is the sense of the Congress that the fol- lowing, which are based in part on the relevant provisions of the Joint Declaration, should be the policy of the United States with respect to its bilateral relationship with Hong Kong: (1) The United States should play an active role, before, on, and after July 1, 1997, in main- taining Hong Kong’s confidence and pros- perity, Hong Kong’s role as an international financial center, and the mutually beneficial ties between the people of the United States and the people of Hong Kong. (2) The United States should actively seek to establish and expand direct bilateral ties and agreements with Hong Kong in economic, trade, financial, monetary, aviation, shipping, communications, tourism, cultural, sport, and other appropriate areas. (3) The United States should seek to main- tain, after June 30, 1997, the United States consulate-general in Hong Kong, together with other official and semi-official organizations, such as the United States Information Agency American Library. (4) The United States should invite Hong Kong to maintain, after June 30, 1997, its offi- cial and semi-official missions in the United States, such as the Hong Kong Economic & Trade Office, the Office of the Hong Kong Trade Development Council, and the Hong Kong Tourist Association. The United States should invite Hong Kong to open and maintain other official or semi-official missions to rep- resent Hong Kong in those areas in which Hong Kong is entitled to maintain relations on its own, including economic, trade, financial, monetary, aviation, shipping, communica- tions, tourism, cultural, and sport areas. (5) The United States should recognize pass- ports and travel documents issued after June 30, 1997, by the Hong Kong Special Administra- tive Region. (6) The resumption by the People’s Republic of China of the exercise of sovereignty over Hong Kong after June 30, 1997, should not af- fect treatment of Hong Kong residents who apply for visas to visit or reside permanently in the United States, so long as such treat- ment is consistent with the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]. (Pub. L. 102–383, title I, § 101, Oct. 5, 1992, 106 Stat. 1449.) Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in par. (6), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS United States Information Agency (other than Broad- casting Board of Governors and International Broad- casting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of this title. § 5712. Participation in multilateral organiza- tions, rights under international agreements, and trade status It is the sense of the Congress that the fol- lowing, which are based in part on the relevant provisions of the Joint Declaration, should be the policy of the United States with respect to Hong Kong after June 30, 1997: (1) The United States should support Hong Kong’s participation in all appropriate multi- lateral conferences, agreements, and organiza- tions in which Hong Kong is eligible to par- ticipate.