This Act was submitted by Sir Alan Z. H. Chiang OOBC MP on behalf of Her Majesty's Government.
Hong Kong Treaty Obligation Enforcement Act 2019
2019 CHAPTER 26An Act to support Hong Kong's right to autonomous self-government as outlined in the Sino-British Joint Declaration.
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Annual Certification of Hong Kong's Autonomy
- The secretary of state must annually certify that Hong Kong still enjoys
a high degree of autonomy from the People's Republic of China and democratic
self-governance as outlined in the following documents:
- 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 Kong (the ‘Joint Declaration’);
- the basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (the ‘basic Law’);
- the Universal Declaration of Human Rights;
- the International Covenant on Civil and Political Rights
- If the secretary of state fails to certify that Hong Kong remains
autonomous, the secretary of state must press the European Commission
and European Council to remove Hong Kong's special considerations from
the European Union in terms of the following:
- Commercial agreements;
- Law enforcement cooperation, including extradition;
- Nonproliferation commitments;
- Sanctions enforcement;
- Export control agreements;
- Formal treaties and agreements between the European Union and Hong Kong;
- Other particular regulations of the European Union that accord to Hong Kong treatment different to that accorded the People's Republic of China
- Other bilateral or multilateral agreements deemed relevant by the secretary
2 Treatment of Hong Kong Applicants for Visas to Enter the United Kingdom
- Applications for visas to enter the United Kingdom which are submitted by otherwise qualified applicants from Hong Kong should not be denied solely on the basis of politically-motivated arrest, detention, or other adverse government action taken against such applicants as a result of the participation by such applicants in protest activities.
3 Safeguarding the United Kingdom's Interests with Respect to Hong Kong
- The secretary of state shall, with respect to any legislation proposed or
enacted by the Government of Hong Kong, determine, not later than 30 days
after such legislation is proposed or enacted, if such proposed or enacted
legislation would -
- Put british citizens, nationals, or residents at risk for rendition to China or other countries with which the United Kingdom has no formal extradition treaty;
- otherwise have a significant negative impact on the United Kingdom's interests with respect to Hong Kong
- For the purpose of this law, a british citizen, national, or resident is
someone belonging to one or more of the following categories:
- british citizen
- british overseas territory citizen
- british National (Overseas)
- Citizen of an European Economic Area member state resident in the United Kingdom
- Holder of an United Kingdom permanent residence card
4 Sanctions Relating to Undermining Fundamental Freedoms and Autonomy in Hong Kong
- The secretary of state shall, within 120 days of the enactment of this law,
submit to the appropriate parliamentary committees a report that identifies
each foreign person that the secretary determines, based on credible
information, is knowingly responsible for any of the following:
- The actual or threatened rendition, arbitrary detention, torture, or forced confession of any individual in Hong Kong.
- Repeated acts or decisions which contravene the shared obligations of China and Hong Kong under the Joint Declaration and basic Law and undermine the national interests of the United Kingdom in Hong Kong’s autonomy and the rule of law.
- Other gross violations of internationally recognized human rights in Hong Kong.
- The government shall impose the following sanctions on the individuals identified
in the report required under subsection (1):
- block and prohibit all transactions in property and interests in property of the identified individual if such property and interests in property are in the United Kingdom, come within the United Kingdom, or come within the possession or control of a United Kingdom person.
- Make the identified individual inadmissable to United Kingdom and ineligible to receive a visa or other documentation to enter the United Kingdom.
- Revoke any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.
- Sanctions on individuals under subsection (2) shall come into effect immediately after the filing of the report required under subsection (1).
5 Ban on Export of Defense Articles and Services to Hong Kong
- After the enactment of this law, the government may not issue export licenses for export covered defense articles and services and covered munitions items to the Hong Kong Police.
- The prohibition under subsection (1) shall terminate on the date on which
the secretary of state certifies to the appropriate parliamentary committees
- the Hong Kong Police have not engaged in gross violations of human rights during the 1-year period ending on the date of such certification; and
- there has been an independent examination of human rights concerns related to the crowd control tactics of the Hong Kong Police and the Government of the Hong Kong Special Administrative Region has adequately addressed those concerns.
6 Short title, commencement, and extent
- This Act may be cited as the Hong Kong Treaty Obligation Enforcement Act 2019
- This Act comes into force upon receiving Royal Assent (2020 Feb 05)
- This Act extends to the entire United Kingdom