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Joyce Ng

Edward Snowden's decision to use a city under Chinese sovereignty as his bolthole after blowing the whistle on US cyber-snooping has been widely questioned.
But legal experts says Hong Kong's elaborate extradition procedures and regard for human rights may go some way to explaining his choice.
The former US National Security Agency contractor and CIA operative told The Guardian he chose Hong Kong for its "commitment to free speech and the right of political dissent."
"I think it is really tragic that an American has to move to a place that has a reputation for less freedom," he said. "Still, Hong Kong has a reputation for freedom in spite of the People's Republic of China."
Under the principle of "one country, two systems", the city retains the common law legal system implemented by the British in colonial times.
The Fugitive Offenders Ordinance says the Hong Kong government has to go through a lengthy court procedure - which will take months - if the United States requests extradition.
He will first go before a magistrate for committal proceedings, where he can argue against extradition on the grounds that the offence he is accused of has a "political character" or that the request was made primarily to prosecute him on account of his political opinion. He can also argue he is a refugee, likely to face torture or persecution at home.
If the magistrate rules against him, he can appeal to the Court of First Instance, Court of Appeal and the Court of Final Appeal.
Even if he fails and the chief executive order his transfer, Snowden can challenge the decision by seeking a judicial review, which can also be taken to the two appeal court, according to Simon Young, director of the University of Hong Kong's centre for comparative and public law.
"There are many cases of extradition from Hong Kong to the US, but one involving such political sensitivity is rare. There will be many legal issues to be tested," Young said.
Young also corrected a misconception that Hong Kong lacked a law comparable to the US Espionage Act, under which Snowden is likely to be charged. For an extradition request to succeed, Hong Kong would have to have an equivalent law. Young says the city's Official Secrets Ordinance is the relevant law.
Since the US and Hong Kong agreed an extradition treaty in 1998, 65 fugitives have been extradited there by Hong Kong, according to government figures.
Beijing-loyalist lawmaker and former security chief Regina Ip Lau Suk-yee says Snowden may find himself in a difficult position because of the extradition deal.
"Perhaps he didn't know," she said. "It would be best if he left Hong Kong."
But James To Kun-sun, a Democratic Party lawmaker and solicitor, said: "To ask Snowden to get out of here shows no regard for human rights." To said Hong Kong was "the best place" in the region for Snowden to argue his case, due to its strong rule of law and independent judiciary.
The Fugitive Offenders Ordinance requires Hong Kong's chief executive to comply with instructions from Beijing if failure to act on the instruction would "significantly affect" China's defence or foreign affairs interests.
Veteran China-watcher Johnny Lau Yui-siu says it is "unlikely" Beijing will make Hong Kong deport Snowden: "Sino-US relations are not good enough for Beijing to again provoke Hong Kong people, who take freedom and rule of law to heart."
 
NEXT STEPS
Edward Snowden's options are to:
Apply for refugee status with the Office of the United Nations High Commissioner for Refugees
Find a way to fly to Iceland and seek asylum there (he cannot seek asylum at the country's honorary consulate in Hong Kong)
Put his case in court when the US makes the extradition request and go through the legal process, which can last months (see below)
How a court battle would work
If the United States makes an extradition request at any point, Snowden will be arrested and brought before a magistrate for committal proceedings
He can argue against extradition on the grounds that the offence he is accused of has a "political character", that the US request was politically motivated and was made for the primary purpose of prosecuting or punishing him on account of his political opinion, and that he is likely to be denied a fair trial.
He can also argue he is a refugee facing cruel, inhuman or degrading treatment or punishment
If the magistrate rules against him, he can appeal to the Court of First Instance, Court of Appeal and the Court of Final Appeal
If he fails in the courts and Hong Kong's chief executive makes an order for his transferral, he can still challenge the decision by seeking a judicial review at the Court of First Instance
If the court rules against him, he can appeal again to the Court of Appeal and Court of Final Appeal.
Joyce Ng
 


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Edward Snowden

'Rule of law' behind fugitive's choice of Hong Kong

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Hong Kong

Legal experts say Snowden may have chosen city due to its complex extradition procedures


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'Rule of law' behind fugitive's choice of Hong Kong

.css-1c6uqr6{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;overflow-wrap:break-word;}Legal experts say Snowden may have chosen city due to its complex extradition procedures

Legal experts say Snowden may have chosen city due to its complex extradition procedures