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| Jeffrey A. Bader
Deputy Assistant Secretary for East Asian and Pacific Affairs Statement before the Senate Foreign Relations Committee, Subcommittee on East Asian and Pacific Affairs Washington, DC, April 10, 1997 |
Mr. Chairman, I am pleased to have the opportunity to appear before this subcommittee today to discuss the law enforcement relationship between the United States and Hong Kong.
Combating international crime is a major focus of United States foreign policy. President Clinton has repeatedly highlighted the threat posed to our national security by international crime. He has stressed that nowhere is international cooperation more vital than in fighting the increasingly interconnected groups that traffic in terror, organized crime, drug smuggling and the spread of weapons of mass destruction.
Hong Kong is one of our most valuable allies in this fight, and law enforcement is an important and vital element of our bilateral relationship. U.S. law enforcement agencies enjoy excellent cooperation with their Hong Kong counterparts. Our objective is that this relationship continue unimpeded after Hong Kong's reversion to Chinese sovereignty on July 1. This continued cooperation is in the best interests of the United States, Hong Kong, China, and indeed the world.
I.
The scope of the U.S.-Hong Kong law enforcement relationship is reflected in the number of U.S. law enforcement agencies represented at our Consulate General in Hong Kong: the Federal Bureau of Investigation, U.S. Secret Service, U.S. Customs Service, Drug Enforcement Administration, Immigration and Naturalization Service, and the Department of State Bureau of Diplomatic Security. We have made strong support for all law enforcement agencies and activities a high priority at our mission there, and we have steadily expanded cooperation with Hong Kong agencies. In just the last year, the FBI and INS have assigned additional officers to Hong Kong, and the Secret Service has opened an office there. These agencies work closely with Hong Kong Government authorities to combat the full range of international crime -- including drug trafficking, organized crime, control of chemical precursors, business fraud, counterfeiting, credit card fraud, money laundering, export controls, visa and passport fraud, and alien smuggling.
Law enforcement issues have also figured prominently in the frequent high-level official visits to and from Hong Kong. In the past year, members of Congress, Administration officials, and members of the federal judiciary have visited Hong Kong. Hong Kong visitors to the United States have included Governor Patten, Chief Secretary Anson Chan, Solicitor General Daniel Fung, Preparatory Committee Vice Chairman (and Chief Executive-Designate) C.H. Tung, Police Commissioner Eddie Hui, and Commissioner for Narcotics Raymond Wong. Both sides recognize the importance of our cooperative law enforcement relationship and the need to maintain it after reversion.
Counternarcotics is one of the longest standing areas of U.S.-Hong Kong law enforcement cooperation. Hong Kong is one of the major illicit drug transit centers that the Secretary of State identifies to Congress each year in accordance with the Foreign Assistance Act. Because of its geographic location and the fact that it is the world's busiest container port, Hong Kong is on routes used by international drug traffickers to transport narcotics to other countries, including the United States. Also, chemical precursors used in manufacturing illegal drugs are shipped through Hong Kong. Because of our strong law enforcement relationship, however, the United States has consistently certified the Hong Kong Government as one that cooperates most closely with the United States in the fight against narcotics.
As one of the world's most developed financial centers, Hong Kong is an attractive base for money laundering. Hong Kong has attacked this problem aggressively, using the provisions of its Drug Trafficking Ordinance to confiscate the assets of traffickers. In 1996 alone, Hong Kong seized assets valued at over $1 million and over $12 million were frozen pending additional investigation. The Hong Kong Government is also establishing guidelines for non-bank entities, such as remittance centers and money changers, which are often used to launder drug proceeds. And Hong Kong continues to play an active role in the international Financial Action Task Force, which is strengthening regulations and procedures to deter money laundering.
Hong Kong authorities have worked closely with the Immigration and Naturalization Service to counter attempts to smuggle Chinese nationals to the United States. Joint investigations have uncovered a network of alien smuggling organizations in Hong Kong and have resulted in criminal prosecutions of boat-smuggling organizers and interception of hundreds of mainland Chinese attempting to enter the United States illegally via Hong Kong. And the Hong Kong Government works closely with U.S. officials to maintain a strong and effective export control regime, including cooperation in locating and seizing shipments of sensitive items. Since November, a strategic industries licensing official from the Department of Commerce has been detailed to Hong Kong Government export control departments; he provides advice and technical assistance on matters related to Hong Kong's strategic export control and strategic commodity classification.
The State Department has worked closely with our federal law enforcement agencies to establish effective law enforcement training programs in Hong Kong, often funded by Hong Kong itself. Areas of training include control of precursor chemicals, conduct of financial investigations, money laundering and money courier operations, passport and visa fraud, and control of sensitive technologies.
II.
Hong Kong's status after reversion is spelled out in two important documents: the 1984 Sino-British Joint Declaration and the 1990 Basic Law promulgated by the People's Republic of China. The Joint Declaration provides for the transition of sovereignty from the United Kingdom to China. It established the concept of "one country, two systems" for Hong Kong, under which Hong Kong will retain a high degree of autonomy in all matters except foreign affairs and defense. The Basic Law provides the fundamental governing framework for implementing the principles of the Joint Declaration in the future Hong Kong Special Administrative Region.
These documents provide that Hong Kong will continue to be vested with separate executive, legislative, and independent judicial power, including final adjudication. Most importantly in the law enforcement context, the Hong Kong Government will continue to exercise criminal jurisdiction after reversion under Hong Kong laws, not PRC laws. Moreover, Hong Kong authorities, not PRC officials, will enforce the law in the future Hong Kong Special Administrative Region. The Joint Declaration concept of "one country, two systems" has been accepted and reflected in United States law. While recognizing that Hong Kong will become a part of China, the U.S.-Hong Kong Policy Act of 1992 established domestic legal authority to treat Hong Kong as an entity distinct from the PRC after reversion and encouraged the United States to "establish and expand direct bilateral ties and agreements with Hong Kong."
Based on this legal approach, the United States and Hong Kong have developed a framework to reinforce Hong Kong's autonomy and to continue law enforcement cooperation after reversion. We have initialed a mutual legal assistance agreement that will, among other things, include areas now covered by a bilateral narcotics agreement. We have also concluded a Prisoner Transfer Agreement. These agreements were authorized by and have been approved by the Sino-British Joint Liaison Group (JLG); they are expected to be signed next week in Hong Kong.
The JLG has also approved a U.S.-Hong Kong extradition agreement; it was signed in December last year and was sent to the Senate in March for its advice and consent to ratification by the President. This agreement will replace the current extradition treaty between the United States and the United Kingdom, which has been applied in Hong Kong and has well served U.S. law enforcement interests for many years. The United States is only one of several countries that have negotiated or concluded new extradition agreements with Hong Kong. Five other countries have also signed extradition agreements with Hong Kong (Netherlands, Canada, Australia, Malaysia, and Philippines), two others are awaiting JLG approval (Indonesia and India), and twelve others are still in negotiation.
The new U.S.-Hong Kong extradition agreement will provide continued authority to extradite criminal fugitives between the United States and Hong Kong. It enhances our law enforcement relationship with Hong Kong by expanding the range of extraditable crimes to include customs crimes and alien smuggling, and it provides specific protections to persons extradited from the United States. In order to avoid a hiatus in law enforcement cooperation, this agreement must be ratified by the end of May, since it enters into force 30 days after the parties notify each other that their respective domestic requirements have been met. The Hong Kong Government enacted domestic legislation last month to implement the new extradition agreements.
It is not the legal arrangements alone that will contribute toward the maintenance of a strong and mutually beneficial law enforcement relationship with Hong Kong. Talented and dedicated law enforcement professionals in the Hong Kong Government have helped us build and maintain productive relationships. We have enjoyed long-standing cooperation with, among others, Secretary for Security Peter Lai, Commissioner of Customs and Excise Lawrence Li, Police Commissioner Eddie Hui, and Immigration Director Regina Ip. We have had regular exchanges with these principal officers on policy and operational matters, and we fully expect these exchanges to continue after reversion. We are very pleased that Chief Executive-Designate C.H. Tung recently announced that each of these top Hong Kong Government officials will continue in their posts after July 1. Coupled with Chief Secretary Anson Chan's earlier decision to remain in her position after reversion, this is a particularly encouraging indication of continuity and demonstration that Hong Kong's high degree of autonomy in the law enforcement area will be preserved.
There is no doubt that the United States benefits from a strong law enforcement relationship with Hong Kong. As contemplated by the U.S.-Hong Kong Policy Act, the United States intends to preserve our law enforcement relationship with Hong Kong through the change in sovereignty and beyond. We and the Hong Kong Government believe that our current relationship can and should continue after reversion; indeed, the strength of our existing cooperation is itself the best benchmark for success in the future. We have in place the foundation for continued close and mutually beneficial law enforcement cooperation with Hong Kong after reversion.
Thank you, Mr. Chairman.
[end of document]
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