Delay in extradition treaty may give fugitive legal loophole
A fugitive using the handover argument could be freed on a technicality, as the US Senate has failed to ratify a new extradition treaty.
Concerns have surfaced a week after legal chiefs celebrated two extradition victories involving Independent Commission Against Corruption suspects - former tobacco executive Jerry Lui Kin-hong, extradited under the existing United States-Britain treaty, and former banker Ewan Launder.
Despite US President Bill Clinton's calls to push through the agreement, signed more than six months ago, the US Senate will not begin its formal ratification process until July 3.
Officials fear the delay could lead to the release of John Cheung Kwan-yee, wanted in Hong Kong on 34 charges relating to the dishonest use of cheques worth $2 million.
The US courts have rejected his arguments a fair trial would be compromised after the handover, and earlier this month a federal magistrate ordered his extradition. The order has been stayed to hear Cheung's writ of habeus corpus.
Legal sources say the last clause in the treaty, signed on December 19, 1996, states it will come into effect 30 days after parties have alerted each other they are ready to make the agreement.
That point is only reached when the US Senate formally ratifies the treaty.
Legal sources say the earliest date for ratification is June 3, meaning the treaty would not be effective until at least July 3.
'The Americans still need to get their act together,' one source said.
'Technically, on July 1 there will be no treaty. Cheung can walk into court and ask for habeas corpus and say, 'What is the legality or basis for holding me?'.' Assistant US Attorney Jeffrey Meyer, who is handling Cheung's case in Connecticut, admitted: 'It is a possibility, as far as I am aware there are no transitional provisions in US law which would cover that [eventuality].' Cheung fled to the US in August 1994, and was arrested in Connecticut on December 26, 1996.
