HONG KONG — More than a week has passed since U.S. officials asked the
Hong Kong government to arrest Edward Snowden, but the whereabouts of
the former contractor who leaked documents about top-level
surveillance programs remained unknown Saturday.
The reason for the apparent lack of action in the case is unclear. The
delay could be related to the issuing of the warrant. Or officials may
still be looking for Snowden, who is believed to be in Hong Kong but
could also have found a way to leave the semiautonomous region.
The U.S. government asked Hong Kong to detain Snowden on a provisional
arrest warrant June 14, the same day it filedcriminal charges against
him, including theft, "unauthorized communication of national defense
information" and "willful communication of classified communications
intelligence information to an unauthorized person."
Under an extradition treaty between Hong Kong and the United States, a
provisional warrant, as opposed to a regular one, is a faster way to
detain suspected criminals since it does not require the initial
approval of Hong Kong's leader, currently Leung Chun-ying.
Instead, a judge can issue the warrant immediately. Simon Young, a
legal professor at the University of Hong Kong, said that means a
warrant for Snowden's arrest could have been issued as early as June
14.
The office of Leung, Hong Kong's chief executive, declined to comment
on Snowden's case Saturday. The police department did not respond to
calls and e-mails.
Meanwhile, plans to protect Snowden appeared to be unfolding. Olafur
Sigurvinsson, an Icelandic businessman, told reporters Thursday that
he has a private jet ready to take Snowden to Iceland, a potential
safe haven named by Snowden in interviews.
A spokesperson representing the Hong Kong Aviation Center, which
handles private jet flights out of Hong Kong, did not comment on
whether Snowden, or anyone on his behalf, had made plans to fly out.
"For privacy reason [sic], we do not disclose to external parties the
identity of our passengers or information about their flight
arrangement," KK Yuen said in an e-mail.
Yuen also said that all passengers must go through immigration and
customs checks. In other words, Snowden could have trouble leaving on
a private jet without tipping off authorities.
A potentially drawn-out and complex legal process awaits the former
contractor, who turned 30 on Friday, and the U.S. officials trying to
remove him from Hong Kong.
If Snowden is arrested, he must be brought "as soon as practicable"
before a Hong Kong judge, according to the extradition treaty. That
judge will then decide whether he should be removed from Hong Kong
under the terms of the treaty.
Among other things, the treaty requires that any criminal charges
filed against Snowden must be both listed in the treaty and involve an
offense that could land him in prison for more than a year in both the
United States and Hong Kong.
Young, the legal expert, said that while the crime of theft clearly
passed that test, the two communication-related charges "will likely
attract litigation and dispute in the courts." Those two charges are
not listed explicitly in the treaty, although "offences involving the
unlawful use of computers" is included, something U.S. officials may
use in their legal arguments.
Snowden can challenge any initial ruling to extradite him all the way
to Hong Kong's highest court, a process that could take months to run
its course.
In addition, he can submit an application for asylum to the U.N. High
Commissioner for Refugees' office in Hong Kong, which processes most
asylum claims in the city. An enormous backlog means an application
from Snowden could take months or even years to clear. Under Hong Kong
law, the government would not be able to extradite him until his
asylum request was processed.
UNHCR did not respond to requests for comment Saturday.
Regina Ip, a Hong Kong legislator and former security secretary, said
Snowden will have plenty of defenders if he is arrested.
"I think if he stays in Hong Kong, there will be no lack of
human-rights lawyers who are happy to help him," she said Saturday.
Last weekend, 200 to 300 protesters marched by the U.S. Consulate to
support Snowden, applauding his release of classified documents
showing secret surveillance operations by the United States.
Hong Kong is in an unusual position in the matter, in that it has an
independent legal system but must ultimately answer to mainland
Chinese leadership in Beijing.
Snowden's story has occasionally made the headlines in China, where
some of his critiques of the U.S. government echo allegations by
China's leadership that the United States points fingers at other
countries even as it violates civil liberties itself.
On Saturday, some Chinese netizens praised Snowden on hearing the news
that criminal charges had been filed against him. Others expressed
doubt that he would receive a fair trial in the United States.
"I reckon it will be a secret trial . . . or just no trial," wrote a
used named Xiaolai on the Twitter-like microblog weibo.
Said another user, Kingbo Lee: "Snowden is a hero, a hero of the
world's people. Foreign countries must offer political asylum and
support Snowden."
Liu Liu in Beijing contributed to this report.
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