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CYBER WARS
Snags seen in any US bid to extradite whistleblower
by Staff Writers
Hong Kong (AFP) June 10, 2013


US whistleblower should leave Hong Kong: lawmaker
Hong Kong (AFP) June 10, 2013 - A veteran pro-Beijing lawmaker said Monday that US whistleblower Edward Snowden (pictured), who is believed to be holed up in Hong Kong after leaking details of a massive secret Internet surveillance programme, should leave the city.

Regina Ip, formerly the city's top official overseeing security, told reporters the city's administration was "obliged to comply with the terms of agreements" with the US government, which included the extradition of fugitives.

"It's actually in his best interest to leave Hong Kong," she said, adding that she did not know whether the government had yet received an extradition request but doubted it would happen so quickly.

"He may not have known that the US has signed treaties with us... so it's best he leave," Ip said.

Snowden, whose exact location is unknown, revealed that he was in the southern Chinese city in an interview with the Guardian newspaper released on Sunday, noting his choice of Hong Kong was due to its "strong tradition of free speech".

The United States and Hong Kong signed an extradition treaty in 1996, a year before the city was handed over from British to Chinese sovereignty, under which both parties agreed to hand over fugitive offenders.

But any US attempt to repatriate Snowden could be complicated by Beijing's ability to veto extraditions which involve the "defence, foreign affairs or essential public interest or policy" of China.

Both the US consulate and Hong Kong government declined to comment on the case.

In his interview, Snowden, a 29-year-old government contractor who has been working at the National Security Agency for the past four years, described the consulate as a "CIA station just up the road".

Snowden also expressed an interest in seeking asylum in Iceland, saying it was a country that stood up for Internet freedoms.

The Icelandic consulate in Hong Kong said it had "no comment" on the case and refused to say whether he had been in touch.

Hong Kong is a semi-autonomous territory with its own political and legal system that guarantees civil liberties not seen on the mainland, including freedom of speech and association.

But China handles foreign affairs and defence.

"To extradite someone will probably require a lot of process in Hong Kong," Law Yuk-kai, director of the city's Human Rights Monitor watchdog group, told AFP.

"Anybody here in Hong Kong should be protected under international standards. We hope anybody here will be dealt with fairly and their rights are respected."

Snowden told the Guardian he had gone public because he could not "allow the US government to destroy privacy, Internet freedom and basic liberties for people around the world with this massive surveillance machine they're secretly building".

"My sole motive is to inform the public as to that which is done in their name and that which is done against them," he said.

Journalists were on the hunt for the whistleblower Monday, but tips that he could be staying in any number of hotels proved fruitless and he appeared to have gone to ground.

Ip said she had "no idea" of Snowden's whereabouts.

"If Mr Snowden is in Hong Kong, and if the US Justice Department decides to initiate criminal investigation and if the offence comes in the purview of our agreement, they could through the US consulate ask our law enforcement agencies to assist in locating him... and possibly even arresting him," she said.

"At the present stage it is not clear what sort offences Mr Snowden could have committed in the US and whether they come within the purview of our bilateral agreement."

Snowden, a former technical assistant for the CIA, worked for the NSA as an employee of various outside contractors, including Dell and Booz Allen Hamilton.

Hong Kong may not prove to be a haven for US whistleblower Edward Snowden, but any extradition bid will be long and complicated, according to experts in a city that cherishes civic freedoms despite Chinese sovereignty.

Snowden, a 29-year-old government contractor, is believed to be in the southern Chinese city after leaking details of a secret US Internet surveillance programme.

The former CIA technical assistant disclosed his role in a video interview from Hong Kong posted on the website of The Guardian newspaper Sunday, saying he chose the city as a refuge because of its "strong tradition of free speech".

Hong Kong and the US signed an extradition treaty a year before the territory was handed over from Britain to China in 1997.

But the treaty, signed with Beijing's "authorisation", gives the right to refusal should extradition impinge on the "defence, foreign affairs or essential public interest or policy" of China.

This effectively means Beijing, which maintains control over Hong Kong's foreign relations and defence policy, has a veto.

Snowden's revelations come just after US President Barack Obama and China's leader Xi Jinping held their first summit where they talked bluntly on issues such as cybersecurity but also forged a personal rapport.

Political analyst Johnny Lau said that the two countries, who have a range of difficult economic and security affairs to navigate, have little motivation to stir trouble over the Snowden case.

"We have to look at the what are the interests involved. This is only a minor episode and it is not going to affect the big setting where China and the United States cooperate," the veteran China-watcher told AFP.

Kerry Brown, professor of Chinese politics at the University of Sydney, said whereas it would normally be the US hosting Chinese dissidents, it was "amazing" to see the roles of the two countries reversed.

"It might not hand the guy back, but will now have to seek the same diplomatic solutions that the US did over (Chinese dissident) Chen Guangcheng. Nice to see the boot on the other foot for once," he said in an email to AFP.

Hong Kong is a semi-autonomous territory with its own political and legal system that guarantees civil liberties not seen on the mainland.

The freewheeling city's strong culture of free protest was demonstrated last week, when tens of thousands marked the 24th anniversary of China's bloody Tiananmen Square crackdown.

The city is home to a lively and outspoken civil society network, and rights issues resonate with a population which chafes at Beijing's heavy hand.

Hong Kong's Foreign Correspondents' Club said the case was a strong test of the government's commitment to freedom of expression and would watch closely "how it responds to any pressure from authorities both in Washington and Beijing".

Journalists were on the hunt for the whistleblower, with a receptionist at the city's Mira Hotel saying an Edward Snowden checked out Monday afternoon, but declining to provide a description or to say when he checked in.

The Hong Kong government said it did not comment on individual cases. "All cases will be handled in accordance with the laws of Hong Kong," it said in a statement. The US consulate also declined to comment.

Any application would have to proceed through Hong Kong's courts before Beijing could intervene, but there is precedent for it to do so, including a legal saga over the rights to residency of children of Hong Kong permanent residents from mainland China.

The court case could take months and Civic Party legislator Ronny Tong, who is also a barrister, said Washington would have to pinpoint the offences Snowden had allegedly committed to satisfy the extradition treaty.

"The act itself would need to be shown to be a criminalised act in both jurisdictions," he said.

"We have no official secrecy law. The current laws only bind government servants and officials and does not apply to individuals.

"If it is not a criminal act in Hong Kong the United States will have difficulties in seeking an extradition."

Authorities in the city however have some history of cooperation when it comes to working with overseas governments.

Hong Kong authorities raided offices, domestic premises and luxury hotel suites of Megaupload founder Kim Dotcom as a part of a worldwide FBI Internet privacy investigation in 2012.

And at the end of last year Libyan Sami al-Saadi threatened to sue the Hong Kong government for damages after he was arrested in the city in 2004 and illegally transferred to Libya, where he was tortured.

Veteran pro-Beijing lawmaker Regina Ip, a former Hong Kong secretary for security, said Monday that the city's administration was "obliged to comply with the terms of agreements" with the US and that Snowden should leave.

But Audrey Eu, chairwoman of the Civic Party which is one of the city's key pro-democracy political parties, praised Snowden's "brave actions in the public interest" and said the independent judiciary would serve him well.

"I am pleased to hear Mr. Snowden says he chose Hong Kong because this is a city that treasures freedom," she told AFP.

"I believe he will also find that we have an independent judiciary if it ever comes to extradition or rendition proceedings.

"Under the treaty, Hong Kong courts will not surrender the fugitive if this is political prosecution."

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