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United States-Hong Kong Policy Act

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Proposed bills are often categorized into public bills and private bills . A public bill is a proposed law which would apply to everyone within its jurisdiction . A private bill is a proposal for a law affecting only a single person, group, or area, such as a bill granting a named person citizenship or, previously, granting named persons a legislative divorce .

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21-608: The United States-Hong Kong Policy Act , or more commonly known as the Hong Kong Policy Act ( S. 1731 Pub. L.   102–383 ) or Hong Kong Relations Act , 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 economic control after the 1997 Hong Kong handover . The Act

42-644: A slip law and in the United States Statutes at Large after receiving the act. Thereafter, the changes are published in the United States Code . Through the process of judicial review , an act of Congress that violates the Constitution may be declared unconstitutional by the courts. A judicial declaration that an act of Congress is unconstitutional does not remove the act from the Statutes at Large or

63-619: A "cooperating country" since 1992 until CoCom ceased to function in 1994. In the run-up to the handover of Hong Kong , former Senator Jesse Helms (then chairman of the U.S. Senate's Foreign Relations Committee and a supporter of the Act) wrote in an opinion piece for the Wall Street Journal of the benefits that the Act had for relations between Hong Kong and the United States. Beijing criticized

84-426: Is a statute enacted by the United States Congress . Acts may apply only to individual entities (called private laws ), or to the general public ( public laws ). For a bill to become an act, the text must pass through both houses with a majority, then be either signed into law by the president of the United States , be left unsigned for ten days (excluding Sundays) while Congress remains in session, or, if vetoed by

105-561: Is being created primarily to give effect to rights and powers being exercised by a private (even if largely state owned) entity. There is another classification known as a hybrid instrument which shares characteristics of both public and private bills. Hybrid bills become public acts. Divorce in Canada prior to the passage of the Divorce Act of 1968 was sometimes handled by private laws. If unavailable by administrative or judicial means, it

126-564: Is made by the third method, the presiding officer of the house that last reconsidered the act promulgates it. Under the United States Constitution , if the president does not return a bill or resolution to Congress with objections before the time limit expires, then the bill automatically becomes an act; however, if the Congress is adjourned at the end of this period, then the bill dies and cannot be reconsidered (see pocket veto ). If

147-585: Is not to be confused with a private member's bill , which is a bill introduced by a "private member" of the legislature rather than by the ministry . In modern practice, private bills are mixed and have both private and public aspects. In such cases the proposed legislation is called a hybrid bill . Some public laws set out such narrow terms of applicability that they apply to only one person or organization, making them de facto private laws. This may be used (successfully or unsuccessfully) to get around prohibitions on certain kinds of public laws. Public bills are

168-410: Is sometimes used in informal speech to indicate something for which getting permission is burdensome. For example, "It takes an act of Congress to get a building permit in this town." An act adopted by simple majorities in both houses of Congress is promulgated , or given the force of law, in one of the following ways: The president promulgates acts of Congress made by the first two methods. If an act

189-600: The Executive Order 13936 pursuant to this Act along with a 2019 amendment , in the aftermath of the 2019–2020 Hong Kong protests and the Hong Kong national security law . At the time of initial publication of this act, the State Department's Deputy Assistant Secretary for Export Controls has stated US will not prejudge the situation in advance of monitoring efforts. Due to the Act, CoCom members designated Hong Kong

210-630: The United States Code; rather, it prevents the act from being enforced. However, the act as published in annotated codes and legal databases is marked with annotations indicating that it is no longer good law. Public and private bills Private law can afford relief from another law, grant a unique benefit or powers not available under the general law, or relieve someone from legal responsibility for some allegedly wrongful act. There are many examples of such private law in democratic countries, although its use has changed over time. A private bill

231-594: The act, describing it as foreign interference into the domestic affairs of the PRC. Academics, members or organizations of the Hong Kong pro-democracy camp and U.S. Congress have called for the Act to be reviewed in connection with the 2019 Hong Kong extradition bill proposal, the ensuing protests against it and the subsequent introduction of the Hong Kong Human Rights and Democracy Act . Act of Congress#Public law, private law, designation An act of Congress

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252-674: The most common bills introduced in the Parliament of the United Kingdom . If they are enacted, they become public general acts (in contrast with local and personal acts ). Private bills create two types of act of Parliament in the United Kingdom. The first are acts for the benefit of individuals (known as private or personal acts) which have historically often dealt with divorces or granting British nationality to foreigners, but in modern times are generally limited to authorising marriages which would otherwise not be legal. The most recent such act

273-445: The president rejects a bill or resolution while the Congress is in session, a two-thirds vote of both houses of Congress is needed for reconsideration to be successful. Promulgation in the sense of publishing and proclaiming the law is accomplished by the president, or the relevant presiding officer in the case of an overridden veto, delivering the act to the archivist of the United States . The archivist provides for its publication as

294-416: The president, receive a congressional override from 2 ⁄ 3 of both houses. In the United States, acts of Congress are designated as either public laws , relating to the general public, or private laws , relating to specific institutions or individuals. Since 1957, all Acts of Congress have been designated as "Public Law X–Y" or "Private Law X–Y", where X is the number of the Congress and Y refers to

315-408: The sequential order of the bill (when it was enacted). For example, P. L. 111–5 ( American Recovery and Reinvestment Act of 2009 ) was the fifth enacted public law of the 111th United States Congress . Public laws are also often abbreviated as Pub. L. No. X–Y. When the legislation of those two kinds are proposed, it is called public bill and private bill respectively. The word "act", as used in

336-502: 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 China 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. That special treatment were eliminated with

357-483: The term "act of Congress", is a common, not a proper noun . The capitalization of the word "act" (especially when used standing alone to refer to an act mentioned earlier by its full name) is deprecated by some dictionaries and usage authorities. However, the Bluebook requires "Act" to be capitalized when referring to a specific legislative act. The United States Code capitalizes "act". The term "act of Congress"

378-474: Was amended on November 27, 2019, by the Hong Kong Human Rights and Democracy Act . On May 27, 2020, Secretary of State Mike Pompeo declared Hong Kong "no longer autonomous", putting its special designation into doubt, which in turn eliminated the special treatment for Hong Kong with the Executive Order 13936 . On July 14, 2020, the Hong Kong Autonomy Act ( S. 3798 ) was signed into law. It

399-679: Was enacted in response to the Hong Kong national security law and imposes sanctions on persons who violate the Sino-British Joint Declaration and the Hong Kong Basic Law and the banks that do business with them. Executive Order 13936 normalization for Hong Kong on par with Mainland China was also signed into effect the same day. The act states that Hong Kong maintains its own export control system as long as it adapts to international standards. The act also pertains to "sensitive technologies", which require Hong Kong to protect

420-405: Was made in 1987. The second type are public acts for the benefit of organisations, or authorising major projects such as railways or canals, or granting extra powers to local authorities (known as local acts). Private bills were used in the nineteenth century to create corporations and grant monopolies . They are still used in relation to large infrastructure projects, such as HS2 , where law

441-645: Was possible to obtain a legislative divorce by application to the Senate of Canada , which reviewed and investigated petitions for divorce, which would then be voted upon by the Senate and subsequently made into law. Public bills are the most common type of law in the United States. The Constitution of the United States prohibits bills of attainder in both state and federal legislatures, meaning private laws cannot be used to punish any specific individual or organization. This does not prohibit private laws which are favorable to

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