• Wed
  • Oct 22, 2014
  • Updated: 12:01am
Column
PUBLISHED : Monday, 17 June, 2013, 12:00am
UPDATED : Monday, 17 June, 2013, 4:23am

Snowden's case will test 'one country, two systems'

Alice Wu says the execution of 'one country, two systems' may soon face its toughest test, if and when the Snowden case goes to court

BIO

Alice Wu fell down the rabbit hole of politics aged 12, when she ran her first election campaign. She has been writing about local politics and current affairs for the Post since 2008. Alice's daily needs include her journals, books, a multi-coloured pen and several lattes.
 

Technological advances have rendered borders meaningless when it comes to trade, pollution, diseases and spying; airspace and territorial waters have little relevance in these matters. Former CIA operative Edward Snowden is causing storms that are short-circuiting political power grids in the US and elsewhere.

Welcome to the Orwellian world of omnipresent government surveillance by broadband. By coming here, Snowden has placed Hong Kong in the middle of this storm surge. The principle of "one country, two systems" has just been given an unlikely face - Snowden's.

He inadvertently became its walking ad through his faith in the city's legal system and "spirited commitment to free speech and the right to political dissent". That sums up Hong Kong's high degree of autonomy and the essence of "one country, two systems".

For Hongkongers, our understanding of it has mostly revolved around arguments over one element usurping the other. Many wars of words were fought over whether this Deng Xiaoping construct had been diced and sliced for political convenience. Now, Snowden may present the greatest challenge to its adherence. It is time to re-examine what it means at least. Can "one country" and "two systems" really coexist? Some called it ingenious. Many called it an experiment, and no one could tell how it would fare.

Is Snowden's faith in our legal system misplaced? No, in the sense that legal proceedings that are bound now to take place if he remains here will follow a due process. But, yes, if he assumed that the courts have the final say, because they don't in cases of surrendering fugitive offenders.

As Simon Young, a professor of comparative and public law at the University of Hong Kong, has pointed out, though there have been many cases of extradition from Hong Kong to the US, one involving such "political sensitivity" is rare. "There will be many legal issues to be tested," he told this newspaper.

Beijing does have the final say in cases of "surrender of fugitive offenders", under the extradition treaty signed between Hong Kong and the US. Speculation that Beijing will not intervene is merely that. If it does end up issuing a directive to the chief executive, would it be "ruining", as many have said, "one country, two systems"?

That is a tough question to answer. The treaty signed between Hong Kong and the United States acknowledged the sovereign power responsible for Hong Kong's foreign affairs. "A high degree of autonomy" is not "sovereignty"; it is within Beijing's right to issue a directive.

No one knows where the Snowden story will take us, or whether he has misplaced his faith. But one thing is for sure: "one country, two systems" is more than just words from Deng. Snowden's case has shown its execution can be messy and complicated. But it is precisely this messy complexity that allows Hong Kong to enter into agreements otherwise only available between sovereign powers. In that sense, it is because of it that Hong Kong can enjoy its high degree of autonomy.

Alice Wu is a political consultant and a former associate director of the Asia Pacific Media Network at UCLA

Share

For unlimited access to:

SCMP.com SCMP Tablet Edition SCMP Mobile Edition 10-year news archive
 
 

 

2

This article is now closed to comments

hard times !
of course, a high-degree of autonomy is not equal to sovereignty and will never be.Beijing can issue a directive on the extradiction of leaker/whistle-blower,Mr.Edward Snowden if the US government formally requests the SAR adminitration.Yet 8 days have passed, and there is still no such thing as a formal request for an extradiction of the so-called 'traitor' or a person who committed'treason' to his home country,America.Maybe the Obama administration is thinking of another swifty method to solve the case----grabbing Snowden by the CIAs sent here recently and have him flown home secretly.If so, it definitely violates the sovereignty of China which can never tolerate such a savage and impolite action ! Right ?
blue
"But, yes, if he assumed that the courts have the final say, because they don't in cases of surrendering fugitive offenders."

Unless the National People's Congress Standing Committee plans on overruling the Court of Final Appeal over an extradition matter, then yes the courts do indeed have the final say. Any kind of special instructions that Beijing provides during the extradition process to the Chief Executive in regards to defense or foreign affairs, can not overrule the legal process in accordance to HK law.
 
 
 
 
 

Login

SCMP.com Account

or