[Congressional Record Volume 143, Number 113 (Tuesday, September 2, 1997)]
[Senate]
[Page S8668]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    EXECUTIVE REPORTS OF COMMITTEES

  The following executive reports of committees were submitted:

       By Mr. HELMS, from the Committee on Foreign Relations: 
     Treaty Doc. 105-3 U.S.-Hong Kong Extradition Treaty 
     (Executive Rept. 105-2).

        Text of Committee Recommended Resolution of Ratification

       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of 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 (Treaty Doc. 105-3), subject to the 
     understandings of subsection (a), the declarations of 
     subsection (b), and the proviso of subsection (c).
       (a) Understandings.--The Senate's advice and consent is 
     subject to the following two understandings, which shall be 
     included in the instrument of ratification, and shall be 
     binding on the President:
       (1) Third party transfers.--The United States understands 
     that Article 16(2) permits the transfer of persons 
     surrendered to Hong Kong under this Agreement beyond the 
     jurisdiction of Hong Kong when the United States so consents, 
     but that the United States will not apply Article 16(2) of 
     the Agreement to permit the transfer of persons surrendered 
     to the Government of Hong Kong to any other jurisdiction in 
     the People's Republic of China, unless the person being 
     surrendered consents to the transfer.
       (2) Hong kong courts' power of final adjudication.--The 
     United States understands that Hong Kong's courts have the 
     power of final adjudication over all matters within Hong 
     Kong's autonomy as guaranteed in the 1984 Sino-British Joint 
     Declaration on the Question of Hong Kong, signed on December 
     19, 1984, and ratified on May 27, 1985. The United States 
     expects that any exceptions to the jurisdiction of the Hong 
     Kong courts for acts of state shall be construed narrowly. 
     The United States understands that the exemption for acts of 
     state does not diminish the responsibilities of the Hong Kong 
     authorities with respect to extradition or the rights of an 
     individual to a fair trial in Hong Kong courts. Any attempt 
     by the Government of Hong Kong or the Government of the 
     People's Republic of China to curtail the jurisdiction and 
     power of final adjudication of the Hong Kong courts may be 
     considered grounds for withdrawal from the Agreement.
       (b) Declarations.--The Senate's advice and consent is 
     subject to the following two declarations, which shall be 
     binding on the President:
       (1) Report on the hong kong judicial system.--One year 
     after entry into force, the Secretary of State, in 
     coordination with the Attorney General shall prepare and 
     submit a report to the Committee on Foreign Relations that 
     addresses the following issues during the period after entry 
     into force of the Agreement:
       (i) an assessment of the independence of the Hong Kong 
     judicial system from the Government of the People's Republic 
     of China, including a summary of any instances in which the 
     Government of the People's Republic of China has infringed 
     upon the independence of the Hong Kong judiciary;
       (ii) an assessment of the due process accorded all persons 
     under the jurisdiction of the Government of Hong Kong;
       (iii) an assessment of the due process accorded persons 
     extradited to Hong Kong by the United States;
       (iv) an accounting of the citizenship and number of persons 
     extradited to Hong Kong from the United States, and the 
     citizenship and number of persons extradited to the United 
     States from Hong Kong;
       (v) an accounting of the destination of third party 
     transfer of persons who were originally extradited from the 
     United States, and the citizenship of those persons;
       (vi) a summary of the types of crimes for which persons 
     have been extradited between the United States and Hong Kong;
       (2) Treaty interpretation.--The Senate affirms the 
     applicability to all treaties of the constitutionally based 
     principles of treaty interpretation set forth in Condition 
     (1) of the resolution of ratification with respect to the INF 
     Treaty.
       (c) Proviso.--The resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       (1) Supremacy of the constitution.--Nothing in the Treaty 
     requires or authorizes legislation or other action by the 
     United States of America that is prohibited by the 
     Constitution of the United States as interpreted by the 
     United States.

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