22 U.S.C. § 5721

Continued application of United States law

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(a) In general

Notwithstanding any change in the exercise of sovereignty over Hong Kong, the laws of the United States shall continue to apply with respect to Hong Kong, on and after July 1, 1997, in the same manner as the laws of the United States were applied with respect to Hong Kong before such date unless otherwise expressly provided by law or by Executive order under section 5722 of this title.

(b) International agreements

For all purposes, including actions in any court in the United States, the Congress approves the continuation in force on and after July 1, 1997, of all treaties and other international agreements, including multilateral conventions, entered into before November 27, 2019, between the United States and Hong Kong, or entered into before November 27, 2019, between the United States and the United Kingdom and applied to Hong Kong, unless or until terminated in accordance with law. If in carrying out this subchapter, the President determines that Hong Kong is not legally competent to carry out its obligations under any such treaty or other international agreement, or that the continuation of Hong Kong’s obligations or rights under any such treaty or other international agreement is not appropriate under the circumstances, such determination shall be reported to the Congress in accordance with section 5731 of this title.

(Pub. L. 102–383, title II, § 201, Oct. 5, 1992, 106 Stat. 1452; Pub. L. 116–76, § 4(a)(1), Nov. 27, 2019, 133 Stat. 1163.)Editorial NotesAmendments

2019—Subsec. (b). Pub. L. 116–76 substituted “November 27, 2019” for “such date” in two places.

Notes of Decisions

Cited in 4 cases, 1996–2020 · leading case: In Re Extradition of Lui Kin-Hong, 939 F. Supp. 934 (D. Mass. 1996).

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In Re Extradition of Lui Kin-Hong, 939 F. Supp. 934 (D. Mass. 1996). · cites it 2× “Congress, by enacting 22 U.S.C. § 5721 (b) (1994), has clearly stated its desire to maintain in force current treaties applicable to Hong Kong at least through the date of reversion.”

Lui Kin-Hong v. United States, 957 F. Supp. 1280 (D. Mass. 1997). · cites it 2× “22 U.S.C. § 5721 (b) (West Supp.1996). 18 It also gives the President means by which he may continue treaties post-reversion.”

Wang v. Masaitis, 316 F. Supp. 2d 891 (C.D. Cal. 2004). “22 U.S.C. § 5721 (b). On December 20, 1996, the United States entered into an “Agreement with *895 Hong Kong for the Surrender of Fugitive Offenders” (“the Agreement”).”

Wan v. Debolt (C.D. Ill. 2020). “22 U.S.C. § 5721 . On May 22, 2020, China approved new national security legislation over Hong Kong.”

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