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Revoking Hong Kong's Preferential Trade

Status: Legal Framework and Implications



June 5, 2020
On May 30, 2020, President Trump announced that his Administration would begin the process of
eliminating U.S. policies that provide Hong Kong with special and different treatment from the People's
Republic of China (China), including revocation of Hong Kong's preferential treatment as a separate
customs and travel territory from the rest of China. The President also indicated the potential to sanction
officials from Hong Kong and China directly or indirectly involved in eroding Hong Kong's autonomy.
This Sidebar presents the legal framework that currently applies to Hong Kong's status as a separate
customs territory from China and several potential implications of such a revocation.


Background

On May 28, 2020, the National People's Congress of China approved a decision authorizing its Standing
Committee to enact laws to prohibit acts and activities in the Hong Kong Special Administrative Region
that it considers as undermining its national security. The same day, the United States, United Kingdom,
Canada, and Australia issued a joint statement expressing deep concern about the decision, suggesting
that such a law would dramatically erode Hong Kong's autonomy and conflict with China's
international obligations stemming from, among other things, a Sino-British Joint Declaration on the
Question of Hong Kong to respect such autonomy. In addition, the U.S. Secretary of State issued a report
(State Department Report) finding that Hong Kong is no longer sufficiently autonomous from China to
warrant certain privileges under U.S. law that allow Hong Kong to be treated differently than China.
Following the State Department Report, the President announced on May 30, 2020, that his
Administration will take actions to curtail these privileges, including by no longer treating Hong Kong,
the United States' 15th-largest export market, as a separate customs territory from China.


Legal Framework for Hong Kong's Preferential Trade

Status

The current U.S. legal framework that applies to Hong Kong was initially enacted in 1992 in anticipation
of Hong Kong's transfer from British to Chinese control. This section first provides a brief overview of
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