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Hong Kong Autonomy Act

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Hong Kong Autonomy Act
Great Seal of the United States
Long titleTo impose sanctions with respect to foreign persons involved in the erosion of certain obligations of China with respect to Hong Kong, and for other purposes.
Enacted bythe 116th United States Congress
EffectiveJuly 14, 2020
Citations
Public lawPub. L. 116–149 (text) (PDF)
Legislative history

The Hong Kong Autonomy Act is legislation passed by the United States Congress following the enactment in June 2020 by the Chinese Standing Committee of the National People's Congress of the Hong Kong national security law.

The Act was signed into law by US President Donald Trump on 14 July 2020,[1] and imposes sanctions on officials and entities in Hong Kong as well as in mainland China that are deemed to help violate Hong Kong's autonomy, and punishes financial institutions that do business with them.[2]

At the signing, Trump also signed Executive Order 13936 to "hold China accountable for its aggressive actions against the people of Hong Kong". Trump also revoked the territory's special status, saying “No special privileges [for Hong Kong], no special economic treatment and no export of sensitive technologies".[3] He also blocked any dealings in US property by anyone determined to be responsible for or complicit in "actions or policies that undermine democratic processes or institutions in Hong Kong", and directs officials to "revoke license exceptions for exports to Hong Kong," and includes revoking special treatment for Hong Kong passport holders.[4] Citing the Act, on 11 August 2020, the United States customs announced that after 25 September goods imported into the US cannot use the "Made In Hong Kong" label and will need to be labeled "Made In China".[5]

Passage

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President Donald Trump signing the act, together with Executive Order 13936, on July 14, 2020

The bill was sponsored by Democratic senator Chris Van Hollen and Republican senator Pat Toomey. It was approved by lawmakers in both houses by unanimous consent.[6]

Chinese response

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The day following the signing, China promised retaliation if the US implemented the Act. The Chinese foreign ministry referred to the law as "a mistake", said that it amounted to "gross interference in China's internal affairs" and that the US was violating international law and basic norms of international relations.[7]

On 30 October 2020, the government of Hong Kong submitted a dispute to the World Trade Organization regarding the "Made In China" label requirement, stating that the requirement was in violation of WTO rules because Hong Kong and China are different members of the WTO.[8][9] On 21 December 2022, the WTO ruled in favor of Hong Kong and against the United States.[10] On 26 January 2023, the United States appealed the WTO ruling.

See also

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References

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  1. ^ "Trump signs Hong Kong autonomy act, ending trade preferences". Al Jazeera.
  2. ^ Cheung, Gary; Ng, Teddy (15 July 2020). "Beijing vows to retaliate after Trump ends US privileges for Hong Kong". South China Morning Post. Retrieved 20 July 2020.
  3. ^ Tsang, Denise; Cheung, Gary; Leung, Christy (15 July 2020). "What Trump's executive order means for Hongkongers". South China Morning Post. Retrieved 20 July 2020.
  4. ^ The President’s Executive Order on Hong Kong Normalization
  5. ^ "Country of Origin Marking of Products of Hong Kong". Federal Register. 11 August 2020. Retrieved 12 August 2020.
  6. ^ "Trump signs Hong Kong Autonomy Act, and ends city's special trade status". South China Morning Post. 15 July 2020.
  7. ^ Joshi, Manas (15 July 2020). "China warns USA against implementing 'Hong Kong Autonomy Law'". indiatvnews.com.
  8. ^ "Hong Kong, China initiates dispute complaint against US origin marking requirements". www.wto.org. Retrieved 8 February 2024.
  9. ^ "WTO | dispute settlement - DS597: United States — Origin Marking Requirement". www.wto.org. Retrieved 8 February 2024.
  10. ^ "WTO rules against U.S. in Hong Kong labelling dispute". Reuters. 21 December 2022. Archived from the original on 21 December 2022. Retrieved 8 February 2024.
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