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Contemporary Practice of the United States Relating to International Law

Published online by Cambridge University Press:  27 February 2017

Marian Nash (Leich)
Marian Nash (Leich)*
Affiliation:
Department of State
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Extract

On March 3,1997, President William J. Clinton transmitted to the Senate for its advice and consent to ratification as a treaty the Agreement Between the Government of the United States of America and the Government of Hong Kong for the Surrender of Fugitive Offenders, signed at Hong Kong on December 20,1996. In his letter of transmittal, President Clinton pointed out that, upon its entry into force, the Agreement would “enhance cooperation between the law enforcement communities of the United States and Hong Kong, and … provide a framework and basic protections for extraditions after the reversion of Hong Kong to the sovereignty of the People’s Republic of China on July 1, 1997.” The President continued:

Given the absence of an extradition treaty with the People’s Republic of China, this Treaty would provide the means to continue an extradition relationship with Hong Kong after reversion and avoid a gap in law enforcement. It will thereby make a significant contribution to international law enforcement efforts.

The provisions of this Agreement follow generally the form and content of extradition treaties recently concluded by the United States. In addition, the Agreement contains several provisions specially designed in light of the particular status of Hong Kong. The Agreement’s basic protections for fugitives are also made expressly applicable to fugitives surrendered by the two parties before the new treaty enters into force.

Type
Other
Information
American Journal of International Law , Volume 91 , Issue 3 , July 1997 , pp. 493 - 517
Copyright
Copyright © American Society of International Law 1997

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References

1 S. Treaty Doc. No. 105-3, at III (1997).

2 Id. at V–X.

1 U.S. Dept. of Commerce, News (Apr. 1997), Files L/ARA.

2 Id.

1 S. Treaty Doc. No. 103-21 (1993).

2 143 Cong. Rec. S3651 (daily ed. Apr. 24, 1997).

3 N.Y. Times, Apr. 25, 1997, at All (final ed.). For the President’s certifications under conditions of the resolution, by letter to Congress (Apr. 25, 1997), see 33 Weekly Comp. Pres. Doc. 582-84 (Apr. 28, 1997).

1 S. Treaty Doc. No. 105-5, at III-IV (1997).