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“REMOVAL OF INJUNCTION OF SECRECY--TREATY DOCUMENT NO. 105-6 AND TREATY DOCUMENT NO. 105-7” mentioning the U.S. Dept of State was published in the Senate section on pages S4038 on May 6, 1997.
The publication is reproduced in full below:
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.
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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.
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