,,ii ,calendar ,no4 #fea #aacth         
,,congress  #b;d ,session  ,s4 #bibb    
,,in ,,the ,,senate ,,of ,,the ,,united 
,,states  ,november #ac1 #bjad,mr4      
,brown 7for himself1 ,mr4 ,cardin1 ,mr4 
,rubio1 ,mr4 ,wicker1 ,mrs4 ,feinstein1 
and ,mr4 ,merkley7 introduced the       
following bill2 which was read twice and
 referred to the ,committee on ,foreign 
,relations  ,december #aa1              
#bjad,reported by ,mr4 ,menendez1 with  
an amendment,omit the part struck       
through and insert the part printed in  
italic  ,a ,,bill  ,to reinstate        
reporting requirements related to       
,united ,states-,hong ,kong relations4  
#a4 ,short title ,this ,act may be cited
 as the ,hong ,kong ,human ,rights and  
,democracy ,act4  #b4 ,findings         
,congress makes the following findings3 
7#a7 ,the ,joint ,declaration of the    
,government of the ,united ,kingdom of  
,great ,britain and ,northern ,ireland  
and the ,government of the ,people's    
,republic of ,china on the ,question of 

,hong ,kong1 done at ,beijing ,december 
#ai1 #aihd 7in this ,act referred to as 
the ,joint ,declaration7-- 7,a7 provided
 that the ,people's ,republic of ,china 
resumed sovereignty over ,hong ,kong on 
,july #a1 #aiig2 and  7,b7 established a
 high degree of autonomy for ,hong ,kong
 except in matters of foreign affairs   
and defense4  7#b7 ,the ,basic ,law of  
the ,hong ,kong ,special ,administrative
 ,region of the ,people's ,republic of  
,china 7in this ,act referred to as     
,basic ,law7-- 7,a7 guarantees ,hong    
,kong a high degree of autonomy and     
separate executive1 legislative1 and    
independent judicial powers2  7,b7      
generally prohibits the central         
,government of the ,people's ,republic  
of ,china from interfering in the       
affairs that ,hong ,kong administers on 
its own according to the ,basic ,law2   
7,c7 protects the rights to free speech1
 press1 assembly1 and religion2  7,d7   
provides that the socialist system and  
policies shall not be practiced in ,hong

 ,kong and that ,hong ,kong's capitalist
 system and way of life shall remain    
unchanged for #ej years 7the principle  
of one country1 two systems72  7,e7     
affirms the continuing applicability of 
the ,international ,covenant on ,civil  
and ,political ,rights to ,hong ,kong2  
7,f7 provides that the head of the ,hong
 ,kong ,special ,administrative ,region 
shall be the ,chief ,executive2  7,g7   
provides that the ultimate aim is the   
selection of the ,chief ,executive by   
universal suffrage upon nomination by a 
broadly representative nominating       
committee in accordance with democratic 
procedures2  7,h7 provides that the     
legislature of the ,hong ,kong ,special 
,administrative ,region shall be the    
,legislative ,council2 and  7,i7        
provides that the ultimate aim is the   
election of all the members of the      
,legislative ,council by universal      
suffrage4  7#c7 ,the ,national ,people's
 ,congress ,standing ,committee         
7,,npcsc7 determined on ,december #bi1  

#bjjg1 that ,hong ,kong could elect the 
,chief ,executive by universal suffrage 
beginning in #bjag1 and that ,hong ,kong
 could thereafter elect the ,legislative
 ,council by universal suffrage         
beginning in #bjbj4  7#d7 ,the ,chief   
,executive is currently selected by an  
,election ,committee consisting of      
#a1bjj members4 ,in order to run1       
candidates for ,chief ,executive must   
currently receive the support of        
one-eighth of the members of the        
,election ,committee1 the majority of   
whom reportedly support or have ties to 
the ,chinese ,communist ,party4  7#e7   
,on ,august #ca1 #bjad1 the ,,npcsc     
determined that the #bjag election for  
the ,chief ,executive could be held by  
universal suffrage but that ,hong ,kong 
voters could only choose from two to    
three candidates1 each of whom is to be 
chosen by a majority of a nominating    
committee similar to the current        
,election ,committee that is heavily    
controlled by pro-,beijing members4     

7#f7 ,international standards for       
elections1 including ,article #ba of the
 ,universal ,declaration of ,human      
,rights and ,article #be of the         
,international ,covenant on ,civil and  
,political ,rights1 guarantee citizens  
the right to vote and to be elected in  
genuine periodic elections by universal 
and equal suffrage without unreasonable 
restrictions4  7#g7 ,hundreds of        
thousands of ,hong ,kong residents have 
consistently and peacefully expressed   
their dissatisfaction with the electoral
 reform plans of the ,hong ,kong        
government and the ,government of the   
,people's ,republic of ,china1 including
 the ,august #bjad ,,npcsc decision1 and
 have called for a genuine choice in    
elections that meet international       
standards4 ,their peaceful and orderly  
protests have set an example for other  
democratic movements around the world1  
including those in mainland ,china who  
continue to fight for their fundamental 
freedoms4  7#h7 ,media reports indicate 

that ,hong ,kong police used tear gas   
and pepper spray against demonstrators  
on ,september #bh1 #bjad1 and that      
police allegedly failed to adequately   
protect demonstrators from mobs of      
counter-protestors1 some of whom had    
affiliations with gangs known as triads1
 who beat students and forcibly tried to
 remove them from their places of       
protest4 ,there have also been several  
accusations of excessive use of force by
 the ,hong ,kong ,police which are under
 investigation4  7#i7 ,the ,united      
,states enjoys close economic1 social1  
and cultural ties with ,hong ,kong4     
,according to the ,department of ,state1
 #fj1jjj ,united ,states citizens live  
in ,hong ,kong1 and #a1djj ,united      
,states businesses have offices there4  
,according to the ,office of the ,united
 ,states ,trade ,representative1 ,hong  
,kong is the ,united ,states #ahth      
largest trade partner and #ith largest  
goods export market4  7#aj7 ,hong       
,kong's unique status as an             

international finance center where the  
rule of law and the rights and freedoms 
of its citizens are protected has served
 as the foundation for ,hong ,kong's    
stability and prosperity4  7#aa7        
,section #cja of the ,hong ,kong ,policy
 ,act of #aiib 7#bb ,u4,s4,c4 #egca7    
required the ,secretary of ,state to    
issue reports on conditions in ,hong    
,kong of interest to the ,united        
,states1 including the development of   
democratic institutions in ,hong ,kong1 
and the last report under section #cja  
was issued on ,june #cj1 #bjjg4  7#ab7  
,failure to establish a genuine         
democratic option to nominate and elect 
the ,chief ,executive of ,hong ,kong by 
#bjag and to establish open and direct  
democratic elections for all members of 
the ,hong ,kong ,legislative ,council by
 #bjbj would reduce confidence in the   
commitment of the ,government of the    
,people's ,republic of ,china to uphold 
its obligations under international law1
 and would erode the ability of ,hong   

,kong to retain a high degree of        
autonomy4  7#ac7 ,during an ,october    
#bjad session1 the ,united ,nations     
,human ,rights ,committee1 consisting of
 #ah independent experts1 reviewed      
,china's compliance with the            
,international ,covenant on ,civil and  
,political ,rights with respect to ,hong
 ,kong4 ,according to the session's     
chair1 the ,committee agreed on the need
 to ensure universal suffrage1 which    
means both the right to be elected as   
well as the right to vote4 ,the main    
concerns of ,committee members were     
focused on the right to stand for       
elections without unreasonable          
restrictions44 ,another ,committee      
member said that the committee doesn't  
want candidates filtered4 ,the problem  
is that ,beijing wants to vet           
candidates44  7#ad7 ,the                
,congressional-,executive ,commission on
 ,china's #bjad ,annual ,report found   
that press freedom in ,hong ,kong is    
under threat1 including reports of      

violent attacks on individuals          
associated with the press1              
self-censorship among journalists1 and  
pressure from the ,hong ,kong and       
central governments and mainland        
,chinese businesses44  7#ae7 ,the ,hong 
,kong ,journalists ,association's #bjad 
,annual ,report noted that ,hong ,kong  
journalists rated self-censorship at    
#f4i on a #aj-point scale1 which the    
,association considered a low level of  
press freedom4  7#af7 ,hong ,kong ranked
 #fast among #ahj countries in          
,reporters ,without ,borders' #bjad     
,world ,press ,freedom ,index1 down     
three places from the previous year and 
a significant decline from #bjjb when   
,hong ,kong ranked #ahth4  7#ag7 ,by    
providing timely1 uncensored1 accurate  
information in their native language1   
,united ,states international broadcast 
services1 through the ,broadcasting     
,board of ,governors1 help those living 
in countries with poor human rights     
records1 such as ,china1 to better      

defend their human rights and hold their
 government accountable4  #c4 ,statement
 of policy ,it is the policy of the     
,united ,states-- 7#a7 to reaffirm the  
principles and objectives set forth in  
the ,united ,states-,hong ,kong ,policy 
,act of #aiib1 namely that-- 7,a7 the   
,united ,states has a strong interest in
 the continued vitality1 prosperity1 and
 stability of ,hong ,kong2  7,b7 support
 for democratization is a fundamental   
principle of ,united ,states foreign    
policy2  7,c7 the human rights of the   
people of ,hong ,kong are of great      
importance to the ,united ,states and   
are directly relevant to ,united ,states
 interests in ,hong ,kong2  7,d7 human  
rights serve as a basis for ,hong       
,kong's continued economic prosperity2  
and  7,e7 ,hong ,kong must remain       
sufficiently autonomous from the        
,people's ,republic of ,china to justify
 a different treatment under a          
particular law of the ,united ,states1  
or any provision thereof1 from that     

accorded the ,people's ,republic of     
,china2  7#b7 to support the democratic 
aspirations of the people of ,hong      
,kong1 as guaranteed to them by the     
,joint ,declaration1 the ,basic ,law1   
the ,international ,covenant on ,civil  
and ,political ,rights1 and the         
,universal ,declaration of ,human       
,rights2  7#c7 to urge the ,government  
of the ,people's ,republic of ,china to 
uphold its commitments to ,hong ,kong1  
including allowing the people of ,hong  
,kong to rule ,hong ,kong with a high   
degree of autonomy and without undue    
interference1 and ensuring that ,hong   
,kong voters freely enjoy the right to  
elect the ,chief ,executive and all     
members of the ,hong ,kong ,legislative 
,council by universal suffrage2  7#d7 to
 support the establishment by #bjag of a
 genuine democratic option to freely and
 fairly nominate and elect the ,chief   
,executive of ,hong ,kong1 and the      
establishment by #bjbj of open and      
direct democratic elections for all     

members of the ,hong ,kong ,legislative 
,council2 and  7#e7 to support press    
freedom and journalistic independence1  
including the continuation of           
international broadcasting programming  
in ,cantonese that is readily accessible
 to ,cantonese speaking populations in  
,china and in ,hong ,kong4  #d4         
,reinstatement of reporting requirements
 related to ,united ,states-,hong ,kong 
relations ,section #cja of the ,united  
,states-,hong ,kong ,policy ,act of     
#aiib 7#bb ,u4,s4,c4 #egca7 is amended--
 7#a7 by striking ,not later than and   
all that follows through the ,secretary 
of ,state and inserting ,not later than 
,march #ca1 #bjae1 and annually         
thereafter for #aj years or until such  
earlier date that the ,secretary of     
,state certifies that ,hong ,kong has   
held free and fair elections for two    
consecutive ,chief ,executive and two   
consecutive ,legislative ,council       
periods1 the ,secretary of ,state2  7#b7
 by striking ,speaker of the ,house of  

,representatives and inserting chairman 
of the ,committee on ,foreign ,affairs  
of the ,house of ,representatives2  7#c7
 in paragraph 7#g71 by striking 2 and   
and inserting a semicolon2  7#d7 in     
paragraph 7#h71 by striking the period  
at the end and inserting 2 and2 and     
7#e7 by adding at the end the following 
new paragraph3  7#i7 matters in which   
,hong ,kong is given separate treatment 
under the laws of the ,united ,states   
from that accorded to the ,people's     
,republic of ,china and in accordance   
with this ,act4  4  #e4 ,treatment of   
,hong ,kong under ,united ,states law   
,title ,,ii of the ,united ,states-,hong
 ,kong ,policy ,act of #aiib 7#bb       
,u4,s4,c4 #egba et seq47 is amended by  
inserting after section #bjb the        
following new section3  #bjb;a4         
,treatment of ,hong ,kong under ,united 
,states law  7a7 ,presidential          
certification requirement ,hong ,kong is
 ineligible for treatment different from
 that accorded the ,people's ,republic  

of ,china under ,united ,states laws1   
agreements1 or arrangements enacted or  
entered into after the date of the      
enactment of this ,act unless the       
,president certifies to ,congress that  
,hong ,kong is sufficiently autonomous  
to justify such different treatment4    
7b7 ,waiver authority ,the ,president   
may waive the application of subsection 
7a7 if the ,president-- 7#a7 determines 
that such a waiver is in the national   
security interests of the ,united       
,states2 and  7#b7 on or before the date
 on which the waiver takes effect1      
submits to the ,committee on ,foreign   
,relations of the ,senate and the       
,committee on ,foreign ,affairs of the  
,house of ,representatives a notice of  
and justification for the waiver4  4    
#e4 ,treatment of ,hong ,kong under     
,united ,states law ,title ,,ii of the  
,united ,states-,hong ,kong ,policy ,act
 of #aiib 7#bb ,u4,s4,c4 #egba et seq47 
is amended by inserting after section   
#bjb the following new section3  #bjb;a4

 ,treatment of ,hong ,kong under ,united
 ,states law  7a7 ,secretary of ,state  
certification requirement  7#a7 ,in     
general ,not later than #ij days after  
the date of the enactment of the ,hong  
,kong ,human ,rights and ,democracy     
,act1 and annually thereafter1 the      
,secretary of ,state shall certify to   
,congress whether ,hong ,kong is        
sufficiently autonomous to justify      
separate treatment different from that  
accorded the ,people's ,republic of     
,china in any new laws1 agreements1     
treaties1 or arrangements entered into  
between the ,united ,states and ,hong   
,kong after the date of the enactment of
 such ,act4  7#b7 ,factor for           
consideration ,in making a certification
 under paragraph 7#a71 the ,secretary of
 ,state should consider the terms1      
obligations1 and expectations expressed 
in the ,joint ,declaration with respect 
to ,hong ,kong4  7#c7 ,exception ,the   
certification under this subsection     
shall not be required with respect to   

any new laws1 agreements1 treaties1 or  
arrangements that support human rights1 
rule of law1 or democracy in ,hong      
,kong4  7b7 ,waiver authority ,the      
,secretary of ,state may waive the      
application of subsection 7a7 if the    
,secretary-- 7#a7 determines that such a
 waiver is in the national interests of 
the ,united ,states2 and  7#b7 on or    
before the date on which the waiver     
takes effect1 submits to the ,committee 
on ,foreign ,relations of the ,senate   
and the ,committee on ,foreign ,affairs 
of the ,house of ,representatives a     
notice of and justification for the     
waiver4  4  ,december #aa1              
#bjad,reported with an amendment