Edward Snowden: no guarantee Hong Kong will protect NSA whistleblower
Edward Snowden's decision to flee to Hong Kong as he prepared to expose the US government's secret surveillance programs may not save him from prosecution due to an extradition treaty in force since 1998.
'I have no intention of hiding who I am because I know I have done nothing wrong,' Mr Snowden told the Guardian Photo: Courtesy of the Guardian
A 29-year-old former CIA employee, Mr Snowden has identified himself as the
person who gave
the Guardian and the Washington Post classified documents about
how the US National Security Agency obtained data from US
telecom and internet companies.
While preparing his leaks, Mr Snowden left Hawaii for Hong Kong on May 20 so
he would be in a place that might be able to resist US prosecution attempts,
he told the Guardian.
"Mainland China does have significant restrictions on free speech but the
people of Hong Kong have a long tradition of protesting in the streets,
making their views known," Mr Snowden, a US citizen, said in a video
interview posted on the Guardian's website.
"I believe that the Hong Kong government is actually independent in
relation to a lot of other leading Western governments," he said from
his hotel in the territory.
The NSA has requested a criminal probe into the leaks and on Sunday, the US
Justice Department said it was in the initial stages of a criminal
investigation.
Republican politicians have called for him to be extradited.
Any prosecution of Mr Snowden would likely come under the Espionage Act of 1917, the same law the US government has used against other civilians who have disclosed classified information without authorization.
The United States and Hong Kong signed their extradition treaty in 1996, a year before the former British colony was returned to China. It allows for the exchange of criminal suspects in a formalized process that may also involve the Chinese government.
The treaty went into force in 1998 and provides that Hong Kong authorities can hold Mr Snowden for 60 days, following a US request that includes probable cause, while Washington prepares a formal extradition request.
Some lawyers with expertise in extraditions said it would be a challenge for Mr Snowden to circumvent the treaty if the US government decides to prosecute him.
"They're not going to put at risk their relationship with the US over Mr. Snowden, and very few people have found that they have the clout to persuade another country to go out of their way for them," said Robert Anello, a New York lawyer who has handled extradition cases.
That is especially true when, as in this case, there is no third country to object. "If you're an American citizen, fleeing the US isn't such an easy thing," Mr Anello said.
Because Hong Kong is under the ultimate control of China, the treaty also allows for the refusal of transfers that would implicate the "defense, foreign affairs or essential public interest or policy" of China. The US consulate and Hong Kong officials have so far declined to comment.
Another defense for Mr Snowden, lawyers said, would be to argue a lack of "dual-criminality" - for a person to be extradited, the alleged act must be a crime in both countries.
While that will be for a Hong Kong court to decide, it might be a long shot, Mr Anello said. "My guess is they will be able to find a law in Hong Kong that is very similar" to the US Espionage Act, he said.
It was not immediately clear whether Mr Snowden had a lawyer.
Asked if he had a plan in place, Mr Snowden told the Guardian: "The only thing I can do is sit here and hope the Hong Kong government does not deport me ... My predisposition is to seek asylum in a country with shared values. The nation that most encompasses this is Iceland. They stood up for people over internet freedom. I have no idea what my future is going to be."
Edited by Bonnie Malkin for telegraph.co.uk
By:
- Bhupesh Kumar Mandal
Any prosecution of Mr Snowden would likely come under the Espionage Act of 1917, the same law the US government has used against other civilians who have disclosed classified information without authorization.
The United States and Hong Kong signed their extradition treaty in 1996, a year before the former British colony was returned to China. It allows for the exchange of criminal suspects in a formalized process that may also involve the Chinese government.
The treaty went into force in 1998 and provides that Hong Kong authorities can hold Mr Snowden for 60 days, following a US request that includes probable cause, while Washington prepares a formal extradition request.
Some lawyers with expertise in extraditions said it would be a challenge for Mr Snowden to circumvent the treaty if the US government decides to prosecute him.
"They're not going to put at risk their relationship with the US over Mr. Snowden, and very few people have found that they have the clout to persuade another country to go out of their way for them," said Robert Anello, a New York lawyer who has handled extradition cases.
That is especially true when, as in this case, there is no third country to object. "If you're an American citizen, fleeing the US isn't such an easy thing," Mr Anello said.
Because Hong Kong is under the ultimate control of China, the treaty also allows for the refusal of transfers that would implicate the "defense, foreign affairs or essential public interest or policy" of China. The US consulate and Hong Kong officials have so far declined to comment.
Another defense for Mr Snowden, lawyers said, would be to argue a lack of "dual-criminality" - for a person to be extradited, the alleged act must be a crime in both countries.
While that will be for a Hong Kong court to decide, it might be a long shot, Mr Anello said. "My guess is they will be able to find a law in Hong Kong that is very similar" to the US Espionage Act, he said.
It was not immediately clear whether Mr Snowden had a lawyer.
Asked if he had a plan in place, Mr Snowden told the Guardian: "The only thing I can do is sit here and hope the Hong Kong government does not deport me ... My predisposition is to seek asylum in a country with shared values. The nation that most encompasses this is Iceland. They stood up for people over internet freedom. I have no idea what my future is going to be."
Edited by Bonnie Malkin for telegraph.co.uk
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