Snowden right to put his trust in Hong Kong's fair and open courts
Dennis Kwok says Edward Snowden's trust in the independence of Hong Kong courts is well founded, given that any extradition to the US must satisfy a judicial procedure, whatever the politics
Hong Kong has been thrust into the international spotlight after it was revealed that American whistle-blower Edward Snowden sought refuge in our city while he exposed the magnitude of America's secretive state surveillance programme.
Snowden has reiterated his intention to stay and fight any extradition to the US, saying: "I have had many opportunities to flee Hong Kong, but I would rather stay and fight the US government in the courts, because I have faith in Hong Kong's rule of law."
The wisdom or otherwise of Snowden's choice has since been much debated in the international community and here in Hong Kong, with some casting doubt over how the Hong Kong government would react to pressure from the United States for extradition. Those who do, however, are missing the crucial point, one that Snowden appears firmly aware of: even if our government should succumb to political pressure at home or from abroad, his fate would ultimately be decided by our courts.
The key lies in our common-law legal system, which is based first and foremost on the rule of law and the independence of the judiciary. Judges are supposed to, and do, decide cases based solely on the Basic Law, local legislation and common-law principles. For extradition of "fugitives" from Hong Kong to the US, the legal procedure is contained in the extradition treaty signed between the city and the US in 1996 and in the Fugitive Offenders Ordinance enacted in 1998.
If and when the US government makes a request for extradition, the Hong Kong government would have a legal obligation under the extradition treaty to consider ordering the arrest of Snowden, who would then be brought before a court of law as soon as possible following his arrest.
From there on, it becomes a judicial process, much like those in any other common-law jurisdictions. The court would have a duty to assess the validity of the extradition order, the underlying evidence, and the charges brought against Snowden.
As a defendant fighting extradition, Snowden would be offered full legal representation, time and resources to fight his case and, most importantly, the guarantee of due process and the right of appeal to the Court of Final Appeal.