The United States has taken another tough move to suspend special export licensing treatment for Hong Kong, China

As the vote on the "Hong Kong version of the National Security Law" is imminent, the U.S. Department of Commerce can no longer sit still and has issued a statement announcing that the United States will suspend the special treatment it provides to China's Hong Kong region, including a series of preferential treatment such as export license exemptions, and will evaluate further actions to revoke differential treatment...

The United States "patted" China: Hong Kong will no longer have privileges after the new law is passed

International Electronic Commerce learned from the website of the U.S. Department of Commerce that in the early morning of the 30th, when the draft of China's "Hong Kong version of the National Security Law" was voted on by the Standing Committee of the National People's Congress, the U.S. Department of Commerce officially issued a document announcing that it would suspend the provisions for granting special treatment to China's Hong Kong region, including a series of preferential treatment such as export license exemptions, and evaluate further actions to revoke differential treatment.

This change occurred after Hong Kong media reported that "China's National People's Congress Standing Committee may vote on the draft 'Hong Kong version of the National Security Law' (draft new law) before the closing of the Standing Committee meeting today (30)."

U.S. Secretary of Commerce Wilbur Ross said: "The Chinese government has begun to take new security measures against Hong Kong, the 'Hong Kong version of the National Security Law'. The implementation of the new law may weaken Hong Kong's autonomy, while increasing the chances of sensitive U.S. technology flowing into the Chinese military and potentially endangering U.S. national security. These are risks that the United States refuses to accept, and therefore has decided to revoke Hong Kong's special treatment."

Last month, US Secretary of State Mike Pompeo submitted a report to the US Congress on May 28, stating that Hong Kong no longer has sufficient autonomy. The next day, US President Trump said at a White House press conference: "I am instructing the executive branch to begin the process of eliminating policy exemptions that grant differential and special treatment to Hong Kong."

US Secretary of State: Cancellation is due to China's violation of the Sino-British Joint Declaration

U.S. Secretary of State Mike Pompeo further explained the change, saying that China's introduction of the "Hong Kong version of the National Security Law" requires the United States to treat Hong Kong as an equal to China. Starting today (30), the United States will stop exporting defense equipment to Hong Kong, and will strengthen export controls on defense and dual-use technologies in the future.

"China's introduction of the Hong Kong version of the National Security Law has caused the U.S. government to re-examine a series of preferential policies it has adopted toward Hong Kong, China, because the implementation of the new law will make it impossible for the United States to distinguish where regulated defense projects will ultimately go, so the United States cannot risk letting these equipment fall into the hands of China." Pompeo said that with the vote on the draft new law imminent, the decision to suspend special treatment for Hong Kong was an action the United States was forced to take in order to maintain its own national security.

"The United States will review other powers in the future and does not rule out taking additional measures." Pompeo emphasized that the actions taken by the United States today were in response to China's violation of its commitments in the Sino-British Joint Declaration and were aimed at the Chinese government rather than Chinese citizens.

Hong Kong Chief Executive responds: No sanctions will scare us

Hong Kong Chief Executive Carrie Lam Cheng Yuet-ngor responded today (30) that the impact on Hong Kong is very small. "I believe the country will also take countermeasures when necessary. If the countermeasures proposed by the central government at the diplomatic level require the cooperation of the Hong Kong SAR government, we will fully cooperate."

Regarding the latest sanctions from the United States, Carrie Lam said at a pre-executive meeting today that the United States has a trade surplus of US$30 billion from Hong Kong every year. Now it only requires military and dual-use products to apply for export licenses first, which does not mean that exports are not allowed. "Many of our industries that use these products may have substitutes, and the impact on Hong Kong will be very, very small." "Any sanctions will not scare us, and we are mentally prepared." Carrie Lam said.

China responds: Other countries have no right to interfere in Hong Kong affairs

Regarding the claim that "the national security legislation involving Hong Kong violates the Sino-British Joint Declaration and China's international obligations", the Chinese Ministry of Foreign Affairs issued a document earlier this month titled "6 Facts You Need to Know about the National Security Legislation Regarding Hong Kong", pointing out that the legal basis for the Chinese government to govern Hong Kong is the Chinese Constitution and the Hong Kong Basic Law, and has nothing to do with the Sino-British Joint Declaration.

The Ministry of Foreign Affairs stated that with the return of Hong Kong to China in 1997, all the provisions related to the British side stipulated in the Sino-British Joint Declaration have been fulfilled. The basic principles and policies on Hong Kong in the Sino-British Joint Declaration are China's policy declarations, which have been fully reflected in the Basic Law formulated by the National People's Congress. China's relevant policy declarations are not commitments to the British side, and these policies have not changed, and China will continue to adhere to them.

The Ministry of Foreign Affairs pointed out that the Constitution is China's fundamental law, with the highest legal status and force, and is the legal source of the special administrative region system and the Hong Kong Basic Law. The preamble of the Basic Law clearly states that "in accordance with the Constitution of the People's Republic of China, the National People's Congress has formulated the Basic Law of Hong Kong to stipulate the system to be implemented in the Special Administrative Region in order to ensure the implementation of the country's basic principles and policies towards Hong Kong."

The Sino-British Joint Declaration is an important document between China and Britain regarding China's recovery of Hong Kong and related transitional arrangements. It has a total of 8 articles and 3 annexes. Article 1 stipulates that China resumes the exercise of sovereignty over Hong Kong, and Article 2 stipulates that Britain will return Hong Kong to China. After Hong Kong's return, these two articles have been fulfilled at the same time. Article 3 and Annex 1 are the principle elaboration and specific explanation of China's basic policies on Hong Kong, which are China's policy declaration. Articles 4 to 6 and Annexes 2 and 3 stipulate the relevant arrangements between the two countries during the transitional period of return. Articles 7 and 8 are clauses on implementation and entry into force. The clauses related to the British side have been fulfilled with the return of Hong Kong and the completion of various follow-up work.

The Ministry of Foreign Affairs stressed that the Sino-British Joint Declaration does not give the UK any responsibility for Hong Kong after its return or the right to interfere in Hong Kong affairs. The UK has no sovereignty, governance or supervision over Hong Kong after its return. The Sino-British Joint Declaration is a bilateral document between China and the UK, does not involve other countries, and has nothing to do with third countries. Sovereign equality and non-interference in internal affairs are basic principles of international law and international relations. Other countries and organizations have no right to interfere in Hong Kong affairs under the pretext of the Sino-British Joint Declaration.