Treaties - extradition treaty between United States and United Kingdom - extradition to Hong Kong for alleged bribery by Hong Kong citizen - effect of Hong Kong's reversion to China and possible application of Chinese law providing for execution after July 1, 1997 - role of U.S. judiciary in extradition process
Article Abstract:
The 1997 appellate decision in the Lui case directed the appellee held pending extradition to Hong Kong, which reverts to Chinese law in mid-1997, a problematic ruling given US relations with China and Hong Kong. Although the appellee likely will be subject to harsher Chinese law, the court decided extradition remained proper, despite the absence of a US-China extradition treaty due to human rights violations. The court held the change in regimes did not affect treaty enforceability. Conceivably, the US could recognize Chinese control while continuing a separate extradition treaty with Hong Kong.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1997
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Extradition - extradition to Hong Kong from United Kingdom for alleged bribery by Hong Kong citizen - effect of Hong Kong's reversion to China - effect of death penalty under Chinese law - extradition as a limitation on freedom of movement - enforcement of European Community law and European Human Rights Convention in UK courts
Article Abstract:
The UK House of Lords supported the Secretary of State's decision to allow the extradition of Ewan Quayle Launder to Hong Kong to stand trial for alleged bribery after rejecting fair trial questions in a Chinese-controlled Hong Kong. The Secretary of State fulfilled all obligations to determine that a fair trial was possible and Launder would not be oppressed and so cannot be held responsible for whether or not China will meet its obligations. Launder questioned whether China would live up to its promises of following the Hong Kong rule of law.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1997
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Treaties - U.S.-U.K. extradition treaties - rule of expanded political offense-type exception
Article Abstract:
The Ninth Circuit's flawed 1995 Smyth decision, allowing the defendant's extradition back to the UK, failed to examine the merits of a defense based on Article 3(a) of the US-UK Supplementary Treaty. This Article may allow a type of political offense exception to extradition, but the Ninth Circuit did not want to take the opportunity to consider the implications, opting instead for noninquiry. The Circuit's rejection of lower court factual findings, citing insufficient evidence and incorrect allocation of presumptions, is similarly suspect.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1996
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- Abstracts: United Kingdom - extradition - extraterritorial jurisdiction - criminal law - abuse of process - judicial discretion - distinguishing U.S. precedent
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