Case Update (2020): Wan v. DeBolt; Hague Abduction Convention's application between Hong Kong and the United States after July 2020 Executive Order

In Wan v. DeBolt (2020 WL 6274992), the U.S. District Court for the Central District of Illinois allowed a Mother's Hague Abduction return petition to proceed.  The father sought to dismiss the petition, arguing that President Trump's July 2020 Executive Order to "suspend or eliminate different and preferential treatment for Hong Kong" (Executive Order No. 13936, 85 Fed. Reg. 43413) eliminates the distinction between Hong Kong and China for purposes of the Hague Abduction Convention.  Hong Kong and the United States are treaty partners.  China is not a treaty party to the Hague Abduction Convention.  

The Court concluded that the treaty is still in force between the United States and Hong Kong.  Specifically, the court received a form letter from the U.S. Department of State on October 15, 2020 acknowledging it is the Central Authority under the treaty, and detailing its available resources, clearly stating its role in this particular case with Hong Kong.   Further, the Executive Order is clear on its face that it only applies to the laws and provisions set out in the Executive Order. The Hague Abduction Convention and its U.S. implementing legislation are not included. 

As an aside, you can see the notifications made to the Dutch Ministry of Foreign Affairs (the depositary for the Convention) related to Hong Kong and China here.