The Foreign Service Journal - December 2017

34 DECEMBER 2017 | THE FOREIGN SERVICE JOURNAL In recognition of the reality of the situation, a “pragmatic” Deng Xiaoping supported the subsequent negotiation of the Sino- British Joint Declaration of 1984, which was later entered into Chinese law as “one country, two systems.” Hong Kong’s status as a special administrative region of the PRC would continue until 2047. The socialist system of China would not be practiced in Hong Kong, and its capi- talist system, common law, liberties and way of life would continue. In creating this new framework, Deng Xiaoping was keenly focused on the longer-term political imperative of bringing home Macau, still under Portuguese sovereignty and, even more important, Taiwan. (Macau reverted to China in 1999; Taiwan has declined to negotiate on such a framework.) What was the U.S. role? Importantly, we needed a legal basis to conduct our relationship with Hong Kong differently from its sovereign. Thus was born the U.S.-Hong Kong Policy Act of 1992. As a career FSO and deputy assistant secretary for legisla- tive affairs under Secretary of State James Baker, I was asked to be the point person for our negotiations with Congress, work- ing closely with State’s Office of the Legal Adviser, the Bureau of East Asian and Pacific Affairs and others. There was intense interest in many quarters of Congress; Senator Mitch McCon- nell (R-Ky.) was a lead sponsor of the bill. Much of our initial work was educational: What was the history? Why did we need new authorities? What were U.S. objectives? An early crisis arose when the Chinese embassy in Wash- ington, D.C., harshly criticized our work, mistakenly believing we were copying the oft-denounced Taiwan Relations Act. We were able to explain the differences and remind them that China had requested that we and other countries build a future relationship based on “one country, two systems.” Working closely with members of Congress and their staff, we spent many months drafting the U.S.-Hong Kong Policy Act’s findings, policies and specific authorizations allowing a broad variety of relationships to continue, such as economic and trade relations (most-favored nation status), law enforce- ment cooperation, differential export controls, support for maintenance of consular and trade offices, support for Hong Kong’s continued participation in international organizations, educational and cultural exchange, human rights, Hong Kong’s common law and others. The legislation garnered widespread support and passed both the Senate and House unanimously in October 1992. Months later, I arrived in Hong Kong as the new American consul general. A top priority for my next three years— and for my successors—was fleshing out these policies and authorities. In many cases we needed to negotiate with the Hong Kong, British and Chinese governments, as well as our U.S. government colleagues, to ensure they aligned their poli- cies and practices. There was generally a positive view among all actors of how the continuing relationships would serve common and differing interests. There was also recognition that under U.S. law the president could suspend differential treatment if Hong Kong’s autonomy was not maintained. Twenty-five years later, the U.S.-Hong Kong Policy Act continues to serve as a guidepost to U.S. interests and national security goals. It has helped us support the continuation of Hong Kong as an important venue for concluding trade and investment agreements, resolution of legal disputes, a free flow of information and U.S. Navy ship visits, among other things. While the last two decades have seen many changes in China and Hong Kong—some of them worrisome for long-term maintenance of Hong Kong’s unique status—our diplomatic and legal efforts have paid off handsomely in sustaining our rich and complex relationships across the Pacific. Richard W. Mueller retired in 1998 with the rank of Minister Counselor after 32 years in the Foreign Service. He served as deputy executive secretary under Secretary of State George Shultz and as deputy assistant secretary for legislative affairs under Secretary James Baker. Specializing in Asian and Chinese affairs, he served as consul general in Hong Kong (1993-1996). He subse- quently served as director of the Asia Society Hong Kong Center and then, for 15 years, was head of three schools: Northfield Mount Hermon School, Hong Kong International School and Shanghai American School. Without the U.S.-Hong Kong Policy Act of 1992 and subsequent detailed negotiations, we would have had to impose the same restrictive relationships that we had with the PRC on Hong Kong. –Richard Mueller “ ”