[Public Papers of the Presidents of the United States: William J. Clinton (1997, Book I)]
[May 5, 1997]
[Pages 543-544]
[From the U.S. Government Publishing Office www.gpo.gov]



Message to the Senate Transmitting the Hong Kong-United States 
Mutual Legal Assistance Agreement With Documentation
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 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.

[[Page 544]]

    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) any 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.