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| Edward Snowden could benefit from Hong Kong asylum disarray |
| 2013-06-13 |
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source:the guardian
Hong Kong is part of China but enjoys considerable autonomy. Photograph: Getty Images
Edward Snowden's decision to flee to Hong Kong leaves him in a precarious position, experts said on Monday. But a landmark legal ruling could yet buy him time if he decides to apply for asylum.
American citizens can stay for up to 90 days visa-free, but Hong Kong has a well-used extradition treaty with the US. The NSA whistleblower said he came to the territory because "they have a spirited commitment to free speech and the right of political dissent" and because he believed it was one of the few places that could and would resist the dictates of the US government.
Hong Kong is part of China but enjoys considerable autonomy under the "one country, two systems" framework. By flying there, Snowden "left the tiger's den and entered the wolf's lair", the Hong Kong-based Chinese blogger Wen Yunchao wrote on Twitter.
Michael DeGolyer, director of the Hong Kong transition project at Hong Kong Baptist University, one of the territory's most respected polling organisations, said: "It is awkward, and I think very interesting that a person who basically has exercised freedom of speech in a sense fled to China for protection from the US."
The extradition treaty (pdf) allows the mainland to veto a request if it affects Beijing's "defence, foreign affairs or essential public interest or policy". But that clause appears to apply only to Chinese nationals, and experts say they are not aware of it being used. Another clause allows exceptions in the case of political offences, but experts are not aware of it ever being invoked.
Regina Ip, a legislator and formerly the city's top security official, told Agence France Presse that the territory worked very closely with US authorities, adding: "It's actually in his best interest to leave Hong Kong." But she said she doubted an extradition request would come soon.
Reuters noted that Hong Kong had not agreed to every US request for transfer. In 2008 it released an Iranian operative, Yousef Boushvash, without explanation. Washington had accused him of trying to obtain embargoed aeroplane parts.
Snowden told the Guardian that his predisposition was to seek asylum in a country with "shared values", citing Iceland – although even were Iceland amenable, its ambassador to Beijing has pointed out that he cannot apply from outside the country.
Experts say Snowden would be unlikely to succeed in an asylum claim lodged in Hong Kong itself, which would be for resettlement to a third country, but could buy himself time because of the system's disarray.
This spring the court of final appeal ruled that the government must independently screen cases instead of relying on the United Nations refugee agency to handle the bulk of claims, as it previously did.
"No system has been proposed to implement the court's decision as of yet. Until such a system is in place, persons with a bona fide refugee claim cannot be removed," said Simon Young, director of the Centre for Comparative and Public Law at the University of Hong Kong.
He noted that a request on the grounds of persecution might in theory be an option for Snowden. "But it seems unlikely [to be approved] if there was going to be a fair trial and anything short of the death penalty," he added.
The bigger question regarding Snowden's future is what role Beijing might play. Young said most immigration decisions were taken without the mainland stepping in, "but in cases where something touches on the heart of Chinese interests I think perhaps we have to wonder whether there might be interference or at least influence".
China-watchers doubted that Beijing would want to become embroiled in a public dispute with the US over Snowden, particularly given China's doctrine of non-interference in other countries' domestic affairs and given that it comes days after a high-profile meeting between presidents Xi Jinping and Barack Obama, as the countries seek to improve bilateral relations.
"Within the recent context of the California summit, I would think China is not about to protect him if the Americans really want him," said David Zweig, of the Hong Kong University of Science and Technology.
Charles Mok, a member of Hong Kong's legislative council, raised concerns that Beijing might be too co-operative with Washington. "We'll keep a close eye on him, but we want to make sure that China doesn't just grab the guy and turn him over to the Americans," he said.
A press officer for the ministry of foreign affairs in Beijing, where Monday was a public holiday, requested that questions be faxed to the department. There was no immediate response.
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