United States v. Lui Kin-Hong
United States Court of Appeals for the First Circuit
110 F.3d 103 (1997)
- Written by Rich Walter, JD
Facts
A 1984 treaty between the United Kingdom (UK) and China provided for Hong Kong to revert from UK to Chinese control in July 1997. A 1986 extradition treaty between the UK and the United States (US) applied to economic crimes but excluded political crimes. Lui Kin-Hong (defendant) was a bribery suspect who had eluded Hong Kong authorities since April 1994. In December 1995, Lui flew to the United States, where at the UK’s request and pursuant to the UK-US treaty, the federal government arrested Lui and commenced extradition proceedings. In August 1996 a magistrate judge found probable cause to extradite Lui to face bribery charges in Hong Kong. Lui immediately filed a habeas corpus petition. The district court granted Lui’s petition in January 1997. The court reasoned that Lui could not be tried before Hong Kong’s July 1997 reversion to Chinese control and that the UK-US treaty did not contemplate subjecting extradited defendants to Chinese jurisdiction. The government appealed to the First Circuit.
Rule of Law
Issue
Holding and Reasoning (Lynch, J.)
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