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On May 20, 2013, the former American government employee Edward Snowden, best known for disclosing several top secret documents to the media, arrived in the Special Administrative Region of Hong Kong due to his fears of prosecution from the United States government. Snowden revealed that his intention is to "ask the courts and people of Hong Kong to decide my fate."

Background

Basic Law of Hong Kong

According to Article 27 of the Basic Law of Hong Kong, all permanent and temporary residents of the Special Administrative Region of Hong Kong shall have:

• Freedom of speech
• Freedom of the press and of publication
• Freedom of assembly
• The right to institute legal proceedings against the acts of executive government authorities (Article 35)

Hong Kong's Department of Justice claims that a prominent feature of its Basic Law is the underlying principle of "One country, two systems", whereby China's "socialist system and policies" shall not be implemented. Under the Basic Law, courts in Hong Kong exercise "independent" judicial power and have the power of final adjudication. (Last revision: January 1, 2013)

Due to its status as a former British colony, the Judiciary of Hong Kong is modelled after the English legal system with indictable offences taken up by the District Court after being transferred from the Magistrates' Court. Other notable courts include the High Court (which includes the Court of First Instance and the Court of Appeal), and the Court of Final Appeal.

U.S.–Hong Kong extradition treaty

Under the United States–Hong Kong extradition treaty, both parties are formally obligated to surrender persons found within the jurisdiction of the requested party who are wanted by the requesting party for prosecution or enforcement of a sentence, or for offenses described in Article 2 of the Agreement. However, Article 6 of the treaty and Section 5 of the Fugitive Offenders Ordinance states the extradition may be blocked for persons if it appears that the offence they are alleged to have committed is has a political character, irrespective of how it is described.

In addition, in case Snowden chooses to challenge any extradition request and apply for political asylum, he could remain in Hong Kong for years, according to Hong Kong lawyers.

Timeline

Snowden's previous stay in Asia

While working as a private contractor at a U.S. military base in Japan, Snowden travelled to Hong Kong for a holiday with his girlfriend.

Snowden's depature and media disclosure

In early May 2013, Snowden was permitted temporary leave from his position at the NSA in Hawaii, on the pretext of receiving treatment for his epilepsy. According to local real estate agents, Snowden and his girlfriend moved out of their home on May 1, leaving nothing behind.

On May 20, Edward Snowden arrived in Hong Kong and checked into a luxury hotel, The Mira. Four days after the revelations broke in the media, Snowden checked out.

Two days later, Snowden gave an exclusive interview with the South China Morning Post where he vowed to stay in the city and "fight any extradition attempt by the US government", saying:

I am not here to hide from justice; I am here to reveal criminality. My intention is to ask the courts and people of Hong Kong to decide my fate.

— Edward Snowden in an interview with the South China Morning Post

Public reaction in Hong Kong

Shortly after Snowden's disclosure, the media of Hong Kong was abuzz with speculation about his future in the territory. A public rally was organized by several non-governmental organizations and human rights groups to support Snowden. The rally is expected to be attended by lawmakers and pro-democracy politicians such as Leung Kwok-hung, Claudia Mo, Charles Mok and Albert Ho.

On June 13, Snowden carried out an interview with the South China Morning Post from a "secret location" in Hong Kong, where he claimed that the U.S. National Security Agency has been hacking computers in Hong Kong and Mainland China since 2009. According to Snowden, there are currently more than 61,000 NSA hacking operations globally, with "hundreds of targets" in Hong Kong and the rest of Mainland China alone.

Official positions of territories involved

Territory	Stance	As of
Hong Kong	Chief Executive of Hong Kong CY Leung declined to comment	June 12, 2013
People's Republic of China	China has not made an official comment	June 12, 2013
United States	White House spokesman Jay Carney said that Snowden is currently being investigated but declined to comment further	June 10, 2013

Impact

War of words

Snowden's residency in Hong Kong has triggered a war of words between the state media of China and the United States:

• China Daily: The state-owned newspaper quoted an analyst who said that although Washington has been accusing China of cyberespionage, the "biggest threat" to the pursuit of individual freedom and privacy is the "unbridled power" of the U.S. government itself.

• Voice of America: The U.S. government's official broadcaster defended these accusations by countering that Beijing is trying to "use Snowden's revelations" of the U.S. surveillance programs to "defend its own massive cyber security operations."

Sino-American bilateral relations

Several political scientists have asserted that Snowden's residency in Hong Kong could damage China–US bilateral relations.

See also

• Hong Kong–United States relations

References

1. ^ "EXCLUSIVE: Whistleblower Edward Snowden talks to South China Morning Post". South China Morning Post. Retrieved June 12, 2013. He vowed to fight any extradition attempt by the US government, saying: "My intention is to ask the courts and people of Hong Kong to decide my fate. I have been given no reason to doubt your system. {{cite web}}: Italic or bold markup not allowed in: |publisher= (help)
2. ^ "Chapter III : Fundamental Rights and Duties of the Residents". Basic Law of Hong Kong. Retrieved June 12, 2013.
3. ^ "Legal System in Hong Kong". Department of Justice (Hong Kong). Retrieved June 12, 2013.
4. "U.S.-HONG KONG EXTRADITION TREATY". United States Senate Committee on Foreign Relations. Retrieved June 12, 2013.
5. Moy, Patsy; Ng, Joyce (June 13, 2013) "Legal opinion divided on prospects for extradition." South China Morning Post
6. "Edward Snowden could remain in Hong Kong for years, legal experts say". The Guardian. Retrieved June 12, 2013. {{cite web}}: Italic or bold markup not allowed in: |publisher= (help)
7. "Edward Snowden's girlfriend Lindsay Mills 'lost and alone' after whistleblower flees to Hong Kong". The Daily Telegraph. Retrieved June 12, 2013. {{cite web}}: Italic or bold markup not allowed in: |publisher= (help)
8. Greenwald, Glenn; MacAskill, Ewen; Poitras, Laura (June 9, 2013). Written at Hong Kong. "Edward Snowden: the whistleblower behind the NSA surveillance revelations". The Guardian. London. Retrieved June 9, 2013.
9. "Profile: Edward Snowden". BBC News. June 10, 2013. Retrieved June 10, 2013.
10. ^ Mullen, Jethro; Smith, Matt; Walker, Brian; Tsui, Anjali (June 10, 2013). "NSA leaker holed up in Hong Kong hotel, running low on cash". CNN. Retrieved June 10, 2013. {{cite news}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
11. "US leaker Edward Snowden 'defending liberty'". BBC News. June 10, 2013.
12. Yang, Jia Lynn (June 10, 2013). "Edward Snowden faces strong extradition treaty if he remains in Hong Kong". The Washington Post. Retrieved June 10, 2013.
13. "Edward Snowden: US government has been hacking Hong Kong and China for years". South China Morning Post. June 13, 2013.
14. "EXCLUSIVE: Whistleblower Edward Snowden talks to South China Morning Post". South China Morning Post. Retrieved June 12, 2013. {{cite web}}: Italic or bold markup not allowed in: |publisher= (help)
15. ^ "Edward Snowden: US government has been hacking Hong Kong and China for years". South China Morning Post. Retrieved June 12, 2013. {{cite web}}: Italic or bold markup not allowed in: |publisher= (help)
16. "Hong Kongers to protest in support of US whistleblower". AFP. Retrieved June 12, 2013.
17. "Hong Kong Leader Repeatedly Says 'No Comment' When Asked About Edward Snowden's Fate". San Francisco Chronicle. Retrieved June 12, 2013. {{cite web}}: Italic or bold markup not allowed in: |publisher= (help)
18. "Hong Kong legal battle looms for NSA contractor". Reuters. Retrieved June 12, 2013.
19. "Carney declines to comment on Snowden, defends U.S. surveillance policy". The Washington Post. Retrieved June 12, 2013. {{cite web}}: Italic or bold markup not allowed in: |publisher= (help)
20. Chinoy, M. China Live: People Power and the Television Revolution. Rowman & Littlefield, 1999. ISBN 978-0-8476-9318-4.
21. "Surveillance program a test of Sino-US ties". China Daily. Retrieved June 13, 2013. "For months, Washington has been accusing China of cyberespionage, but it turns out that the biggest threat to the pursuit of individual freedom and privacy in the US is the unbridled power of the government,"Li said. {{cite web}}: Italic or bold markup not allowed in: |publisher= (help)
22. "Chinese Media Focus on Snowden Leaks, US Spy Programs". Voice of America. Retrieved June 13, 2013. Until now, Chinese officials and newspapers on the mainland had stayed relatively quiet on the issue. But its increased prominence Thursday suggests Beijing is willing to use Snowden's revelations of the U.S. surveillance programs to defend its own massive cyber security operations.
23. "Edward Snowden case could strain United States, China relations". Associated Press. Retrieved June 12, 2013.

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