United States of America v. Lui Kin-Hong, a.k.a. Jerry Lui

Title: United States of America v. Lui Kin-Hong, a.k.a. Jerry Lui

Description:

States — Sovereignty — Transfer of sovereignty — Joint Declaration between People’s Republic of China and United Kingdom, 1984 — Hong Kong due to revert to Chinese sovereignty on 1 July 1997 — Hong Kong ceasing to exist as British Colony — Hong Kong becoming part of China on date of reversion — Article 3 of Joint Declaration — Establishment of Hong Kong Special Administrative Region (“HKSAR”) — Basic policies to remain intact for fifty years after handover — Whether requesting sovereign able to comply with terms of United Kingdom–United States Extradition Treaty, 1972607Extradition — Treaties — Scope and effect — United Kingdom–United States Extradition Treaty, 1972 — Extended to Hong Kong in 1976 — Supplementary Treaty, 1986 — Whether terms of Treaty permitting extradition of petitioner to Hong Kong — Whether requesting State able to try and punish petitioner before 1 July 1997 — Whether change of sovereignty over Hong Kong affecting applicability of Treaty — Absence of extradition treaty between United States and China — Intention of United States Senate — Doctrine of non-inquiry — Doctrine of separation of powers — Whether Court having independent role — Whether Court able to depart from Treaty and wishes of Executive — Non-justiciability of evaluation of contingent political events — Whether certain provisions of Treaty rendering Treaty inapplicable to present caseRelationship of international law and municipal law — United States Congress passing Hong Kong Policy Act 1992 — United Kingdom — United States Extradition Treaty, 1972 — Act providing that all treaties with Hong Kong to remain in force until reversion — Provision of means to continue treaties after 1 July 1997 — Whether Act evidence of Congressional intent that Treaty should extend to petitioner — Whether Act amending TreatyState succession — Transfer of Hong Kong from United Kingdom to China — Whether doctrine applicable — Effect on extradition treaty — The law of the United States.