July 14, 2020
Today, I have signed into law H.R. 7440, the “Hong Kong Autonomy Act” (the “Act”). The Act addresses China’s failure to meet certain obligations under the Sino-British Joint Declaration. I note, however, that the requirements for a waiver or termination of sanctions under section 8 of the Act could limit my discretion under Article II of the Constitution to conduct the Nation’s foreign affairs. In such circumstances, my Administration will treat these limitations as advisory and non-binding. In addition, my Administration will treat the requirement in section 8 of the Act to report to the Congress regarding the advisability of terminating the Act and sanctions imposed thereto consistent with the President’s authority under Article II, Section 3 of the Constitution to recommend to the Congress only such measures as the President shall judge necessary and expedient.