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| Due to its status as a former British colony, the ] is modelled after the ], with indictable offences being taken up by the ] if they are transferred from the ]. Other courts of justice include the ] (which includes the ] and the ]), and the ]. | Due to its status as a former British colony, the ] is modelled after the ], with indictable offences being taken up by the ] if they are transferred from the ]. Other courts of justice include the ] (which includes the ] and the ]), and the ]. | ||
| === U.S.-Hong Kong extradition treaty === | |||
| Under the ], 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, imposition or | |||
| enforcement of a sentence, or for offenses described in Article 2 of the Agreement.<ref>{{cite web|title=U.S.-HONG KONG EXTRADITION TREATY|url=http://www.gpo.gov/fdsys/pkg/CRPT-105erpt2/html/CRPT-105erpt2.htm|publisher=]|accessdate=12 June 2013}}</ref> | |||
| However, there are provisions in the treaty that exclude the extradition of persons who have committed political offences. Also, if Snowden chooses to challenge any extradition request and apply for political asylum, he could remain in Hong Kong "for years" due to a legal loophole, according to Hong Kong lawyers.<ref>{{cite web|title=Edward Snowden could remain in Hong Kong for years, legal experts say|url=http://www.guardian.co.uk/world/2013/jun/12/edward-snowden-hong-kong-years|publisher='']''|accessdate=12 June 2013}}</ref> | |||
| == Timeline == | == Timeline == | ||
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On May 20, 2013, the 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
Main article: Basic Law of Hong KongAccording to Article 27 of the Basic Law of Hong Kong, permanent residents and non-permanent residents of the Special Administrative Region 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 authorities (Article 35)
The territory's Department of Justice claims that the most prominent feature of Hong Kong's Basic Law is the underlying principle of "One country, two systems", whereby China's "socialist system and policies" shall not be implemented.
Legal system of Hong Kong
Main article: Judiciary of Hong KongUnder the Basic Law, courts in Hong Kong exercise "independent" judicial power, including 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 being taken up by the District Court if they are transferred from the Magistrates' Court. Other courts of justice 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 U.S.-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, imposition or enforcement of a sentence, or for offenses described in Article 2 of the Agreement.
However, there are provisions in the treaty that exclude the extradition of persons who have committed political offences. Also, if Snowden chooses to challenge any extradition request and apply for political asylum, he could remain in Hong Kong "for years" due to a legal loophole, according to Hong Kong lawyers.
Timeline
Snowden's arrival in Hong Kong 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 known as The Mira. Shortly after disclosing several top secret documents to the media, staff at the The Mira hotel reported that Snowden checked out at noon on June 10.
2 days later, Snowden gave an exclusive interview with the South China Morning Post, where he vowed to "fight any extradition attempt by the US government" and called on the courts and people of Hong Kong to decide his fate:
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. I have been given no reason to doubt your system.
— Edward Snowden
=
Impact
Sino-American bilateral relations
In an interview with the Associated Press, several political scientists asserted that Snowden's residence in Hong Kong could damage China-U.S. bilateral relations.
References
- ^ "EXCLUSIVE: Whistleblower Edward Snowden talks to South China Morning Post". South China Morning Post. Retrieved 12 June 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) - ^ "Chapter III : Fundamental Rights and Duties of the Residents". Basic Law of Hong Kong. Retrieved 12 June 2013.
- ^ "Legal System in Hong Kong". Department of Justice (Hong Kong). Retrieved 12 June 2013.
- "U.S.-HONG KONG EXTRADITION TREATY". United States Senate Committee on Foreign Relations. Retrieved 12 June 2013.
- "Edward Snowden could remain in Hong Kong for years, legal experts say". The Guardian. Retrieved 12 June 2013.
{{cite web}}: Italic or bold markup not allowed in:|publisher=(help) - 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.
- "Profile: Edward Snowden". BBC News. June 10, 2013. Retrieved June 10, 2013.
- ^ 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) - "US leaker Edward Snowden 'defending liberty'". BBC News. June 10, 2013.
- 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.
- "EXCLUSIVE: Whistleblower Edward Snowden talks to South China Morning Post". South China Morning Post. Retrieved 12 June 2013.
{{cite web}}: Italic or bold markup not allowed in:|publisher=(help) - "Edward Snowden case could strain United States, China relations". Associated Press. Retrieved 12 June 2013.