United States-Hong Kong Policy Act
Encyclopedia
The United States-Hong Kong Policy Act or more commonly known as the Hong Kong Policy Act (P.L
no. 102-383m 106 Stat. 1448) is a 1992 act enacted by the United States Congress
. It allows the United States
to continue to treat Hong Kong
separately from mainland China
for matters concerning trade export
and economics control after the 1997 handover
.
is a participant of the particular agreement until the obligations are modified or terminated. Should Hong Kong become less autonomous, the US president may change the way the laws are applied. The State Department's Deputy Assistant Secretary for Export Controls has stated US will not prejudge the situation in advance of monitoring efforts.
members designated Hong Kong a "cooperating country" since 1992, until CoCom ceased to function in 1994.
was displeased with the act. Beijing
made it clear that the act was interpreted as American interference in Chinese domestic affairs. Most notable is Tung Chee-hwa countering the generally negative image of Hong Kong under Communist Party
rule. He condemned Democratic Party
chairman at the time Martin Lee
who supported the act, and said Lee was "bad mouthing" the Special Administrative Region in front of the international audience.
Public law
Public law is a theory of law governing the relationship between individuals and the state. Under this theory, constitutional law, administrative law and criminal law are sub-divisions of public law...
no. 102-383m 106 Stat. 1448) is a 1992 act enacted by the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
. It allows the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
to continue to treat Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
separately from mainland China
Mainland China
Mainland China, the Chinese mainland or simply the mainland, is a geopolitical term that refers to the area under the jurisdiction of the People's Republic of China . According to the Taipei-based Mainland Affairs Council, the term excludes the PRC Special Administrative Regions of Hong Kong and...
for matters concerning trade export
Export
The term export is derived from the conceptual meaning as to ship the goods and services out of the port of a country. The seller of such goods and services is referred to as an "exporter" who is based in the country of export whereas the overseas based buyer is referred to as an "importer"...
and economics control after the 1997 handover
Transfer of the sovereignty of Hong Kong
The transfer of sovereignty over Hong Kong from the United Kingdom to the People's Republic of China, referred to as ‘the Return’ or ‘the Reunification’ by the Chinese and ‘the Handover’ by others, took place on 1 July 1997...
.
The act
The act states that Hong Kong maintains its own export control system as long as it adopts to international standards. The act also pertains to "sensitive technologies", which require Hong Kong to protect the technologies from improper use. The U.S will fulfill its obligation to Hong Kong under international agreements regardless of whether the People's Republic of ChinaPeople's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
is a participant of the particular agreement until the obligations are modified or terminated. Should Hong Kong become less autonomous, the US president may change the way the laws are applied. The State Department's Deputy Assistant Secretary for Export Controls has stated US will not prejudge the situation in advance of monitoring efforts.
Hong Kong as a cooperating country
Due to the act COCOMCoCom
CoCom is an acronym for Coordinating Committee for Multilateral Export Controls. CoCom was established by Western bloc powers in the first five years after the end of World War II, during the Cold War, to put an arms embargo on COMECON countries.CoCom ceased to function on March 31, 1994, and the...
members designated Hong Kong a "cooperating country" since 1992, until CoCom ceased to function in 1994.
PRC criticism
The PRCPeople's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
was displeased with the act. Beijing
Beijing
Beijing , also known as Peking , is the capital of the People's Republic of China and one of the most populous cities in the world, with a population of 19,612,368 as of 2010. The city is the country's political, cultural, and educational center, and home to the headquarters for most of China's...
made it clear that the act was interpreted as American interference in Chinese domestic affairs. Most notable is Tung Chee-hwa countering the generally negative image of Hong Kong under Communist Party
Communist Party of China
The Communist Party of China , also known as the Chinese Communist Party , is the founding and ruling political party of the People's Republic of China...
rule. He condemned Democratic Party
Democratic Party (Hong Kong)
The Democratic Party is a pro-democracy political party in Hong Kong. It was established on 2 October 1994. The party is currently the second largest party in the Legislative Council, headed by Chairman Albert Ho Chun-yan and, following the November 2008 merger with the Frontier, had around 745...
chairman at the time Martin Lee
Martin Lee
Martin Lee , QC, SC, JP, was the founding chairman of the Democratic Party in Hong Kong. He was a directly-elected Member of the Legislative Council of Hong Kong for the Hong Kong Island geographical constituency...
who supported the act, and said Lee was "bad mouthing" the Special Administrative Region in front of the international audience.