TNAG-1040-FCO40-1290-Future-of-Hong-Kong-1981 — Page 129

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(8) EITHER PARTY MAY WAIVE ITS PRIMARY

RIGHT TO EXERCISE JURISDICTION IN A SPECIFIC CASE OR CATEGORY OF CASES.

3. THE UNITED STATES OF AMERICA SHALL RETAIN

THE RIGHT TO EXERCISE JURISDICTION IN CRIMINAL CASES RELATING TO OFFENSES COMMIT TED PRIOR TO THE ENTRY INTO FORCE OF THIS TREATY IN VIOLATION OF THE LAWS APPLICABLE IN THE FORMER CANAL ZONE.

FOR THE TRANSITION PERIOD, THE UNITED STATES

OF AMERICA SHALL RETAIN POLICE AUTHORITY AND MAINTA IN A POLICE FORCE IN THE AFOREMENTIONED AREAS AND INSTALLA - TIONS. IN SUCH AREAS, THE POLICE AUTHORITIES OF THE

-

- UNITED STATES OF AMERICA MAY TAKE INTO CUSTODY ANY

PERSON NOT SUBJECT TO THEIR PRIMARY JURISDICTION IF SUCH PERSON IS BELIEVED TO HAVE COMMITTED OR TO-BE COMMITTING AN OFFENSE AGAINST APPLICABLE LAWS OR REGU LATIONS, AND SHALL PROMPTLY TRANSFER CUSTODY TO THE POL ICE AUTHORITIES OF THE REPUBLIC OF PANAMA. THE UNITED STATES OF AMERICA AND THE REPUBLIC OF PANAMA SHALL ESTABLISH JOINT POLICE PATROLS IN AGREED AREAS. ANY ARRESTS CONDUCTED BY A JOINT PATROL SHALL BE THE RESPONSIBILITY OF THE PATROL MEMBER OR MEMBERS REPRE- SENTING THE PARTY HAVING PRIMARY JURISDICTION OVER THE PERSON OR PERSONS ARRESTED.

5. THE COURTS OF THE UNITED STATES OF AMERICA AND RELATED PERSONNEL, FUNCTION ING IN THE FORMER CANAL ZONE IMMEDIATELY PRIOR TO THE ENTRY INTO FORCE OF THIS TREATY, MAY CONTINUE TO FUNCTION DURING THE TRANSITION PERIOD FOR THE JUDICIAL ENFORCEMENT OF THE JURISDICT ION TO BE EXERCISED BY THE UNITED STATES OF AMERICA IN ACCORDANCE WITH THIS ARTICLE,

6. IN CIVIL CASES, THE CIVILIAN COURTS OF THE

IN ITED STATES OF AMERICA IN THE REPUBLIC OF PANAMA SHALL HAVE NO JURISDICTION OVER NEW CASES OF A PRIVATE CIVIL NATURE, BUT SHALL RETAIN FULL JURISDICTION DR- ING THE TRANSITION PERIOD TO DISPOSE OF ANY CIVIL CASES, INCLUDING ADMIRALTY CASES, ALREADY INSTITUTED AND PENDING BEFORE THE COURTS PRIOR TO THE ENTRY INTO FORCE OF THIS TREATY.

7. THE LAWS, REGULATIONS, AND ADMINISTRATIVE AUTHORITY OF THE UNITED STATES OF AMERICA APPLICABLE IN THE FORMER CANAL ZONE IMMEDIATELY PRIOR TO THE ENTRY INTO FORCE OF THIS TREATY SHALL, TO THE EXTENT NOT INCONSISTENT WITH THIS TREATY AND RELATED AGREEMENTS, CONTINUE IN FORCE FOR THE PURPOSE OF THE EXERCISE BY THE UNITED STATES OF AMERICA OF LAW ENFORCEMENT AND JUDICIAL JURISDICTION ONLY DURING THE TRANSIT ION PER 10D. THE UNITED STATES OF AMERICA MAY AMEND, RE PEAL OR OTHERWISE CHANGE SUCH LAWS. REGULATIONS AND ADM IN ISTRATIVE AUTHORITY. THE TWO PARTIES SHALL CONSULT CONCERNING PROCEDURAL AND SUBSTANTIVE MATTERS

RFLAT IVE TO THE IMPLEMENT ATION OF THIS ARTICLE INCLUDING THE DISPOSITION OF CASES PENDING AT THE END OF THE TRANSITION PERIOD AND, IN THIS RESPECT MAY ENTER INTO APPROPRIATE AGREEMENTS BY AN EXCHANGE OF NOTES OR

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