[Congressional Record Volume 143, Number 57 (Tuesday, May 6, 1997)]
[Senate]
[Page S4038]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




REMOVAL OF INJUNCTION OF SECRECY--TREATY DOCUMENT NO. 105-6 AND TREATY 
                           DOCUMENT NO. 105-7

  Mr. LOTT. Mr. President, as in executive session, I ask unanimous 
consent that the injunction of secrecy be removed from the following 
two treaties transmitted to the Senate on May 6, 1997, by the President 
of the United States: Agreement with Hong Kong on Mutual Legal 
Assistance in Criminal Matters, with Annex, Treaty Document No. 105-6, 
and Agreement with Hong Kong for the Transfer of Sentenced Persons, 
Treaty Document No. 105-7.
  I further ask unanimous consent that the treaties be considered as 
having been read the first time; that they be referred, with 
accompanying papers, to the Committee on Foreign Relations and ordered 
to be printed; and that the President's messages be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The messages of the President are as follows:

To the Senate of the United States:
  With a view to receiving the advice and consent of the Senate to 
ratification. I transmit herewith the Agreement Between the Government 
of the United States of America and the Government of Hong Kong on 
Mutual Legal Assistance in Criminal Matters, with Annex, signed in Hong 
Kong on April 15, 1997 (hereinafter referred to as ``the Agreement''). 
I transmit also, for the information of the Senate, a related exchange 
of letters, with attached forms, signed the same date, and the report 
of the Department of State with respect to the Agreement.
  The Agreement is one of a series of modern mutual legal assistance 
treaties that the United States is negotiating in order to counter 
criminal activities more effectively. The Agreement should be an 
effective tool in our continued cooperation with Hong Kong after its 
reversion to the sovereignty of the People's Republic of China on July 
1, 1997, to assist in the prosecution of a wide variety of modern 
criminals, including members of drug cartels, ``white-collar'' 
criminals, and terrorists. The Agreement is self-executing.
  The Agreement provides for a broad range of cooperation in criminal 
matters. Mutual assistance available under the Agreement includes: (1) 
taking evidence, testimony, or statements of persons, (2) providing 
information, documents, records, and items; (3) locating or identifying 
persons or items; (4) serving documents; (5) transferring persons in 
custody and others to provide assistance; (6) executing requests for 
search and seizure; (7) confiscating and forfeiting the proceeds and 
instrumentalities of crime and otherwise assisting in relation thereto; 
(8) delivering property, including lending exhibits or other items; and 
(9) and other form of assistance not prohibited by the law of the 
Requested Party.
  I recommend that the Senate give early and favorable consideration to 
the Agreement and give its advice and consent to ratification so that 
the Agreement can enter into force no later than July 1, 1997, when 
Hong Kong reverts to the sovereignty of the People's Republic of China.
                                                  William J. Clinton.  
  The White House, May 5, 1997.
                                                                    ____

To the Senate of the United States:
  With a view to receiving the advice and consent of the Senate to 
ratification, I transmit herewith the Agreement Between the Government 
of the United States and the Government of Hong Kong for the Transfer 
of Sentenced Persons signed at Hong Kong on April 15, 1997. I transmit 
also, for the information of the Senate, the report of the Department 
of State with respect to this Agreement.
  At present, transfers of sentenced persons between the United States 
and Hong Kong (in either direction) are conducted pursuant to the 1983 
multilateral Council of Europe Convention on the Transfer of Sentenced 
Persons, which is in force for both the United States and the United 
Kingdom, and which the latter has extended to Hong Kong. Effective July 
1, 1997, however, when Hong Kong reverts to the sovereignty of the 
People's Republic of China, the Council of Europe Convention will no 
longer provide a basis for such transfers.
  The agreement signed on April 15, 1997, will provide a basis for such 
transfers to continue after Hong Kong's reversion. The agreement is 
modeled after both the Council of Europe Convention and other bilateral 
prisoner transfer treaties to which the United States is a party. It 
would establish essentially the same procedures as are now followed 
with respect to transfers of prisoners between the United States and 
Hong Kong, and would continue the requirement that all transfers be 
consented to by the sentencing state, the sentenced person, and the 
receiving state. When the sentenced person has been sentenced under the 
laws of a State of the United States, the consent to the authorities of 
that State will also be required.
  I recommend that the Senate of the United States promptly give its 
advice and consent to the ratification of this Agreement.
                                                  William J. Clinton.  
  The White House, May 5, 1997.

                          ____________________