§5725 Secretary of State report regarding the autonomy of Hong Kong

Summary

The Secretary of State must tell Congress at least once a year, together with the report under section 5731, whether Hong Kong should still get the same treatment under U.S. law as it did before July 1, 1997. The report must cover many areas, such as trade and commercial agreements; law enforcement cooperation including extradition; sanctions; export controls and sensitive technologies; any treaties or formal agreements; other U.S.–Hong Kong cooperation; how Hong Kong’s government makes decisions; basic freedoms (assembly, speech, expression, press, internet and social media); voting rights including the goal of full direct elections for Chief Executive and Legislative Council; judicial independence; police and security; education; laws on treason, secession, sedition, subversion, and state secrets; rules about foreign or political organizations; and other rights in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The report must say how much China’s actions have eroded Hong Kong’s autonomy in each area, explain how those erosions affect U.S.–Hong Kong cooperation, and list any specific U.S. actions taken in response. The Secretary should consider the Joint Declaration when making the certification. The report must be done yearly, but more can be issued if needed. The Secretary may waive the report or parts of it if doing so is in the national security interest and the Secretary notifies the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives before the waiver takes effect. The Secretary may also waive relevant parts when the President issues an executive order under section 5722 that suspends particular U.S. laws for Hong Kong, but the list of U.S. actions taken in response cannot be waived.