On a technicality, Hong Kong and China extradite themselves from Snowden
The case of NSA leaker Edward Snowden was one that neither Hong Kong nor Beijing wanted to get involved in. With a stalling maneuver, Hong Kong let Mr. Snowden flee US extradition.
A giant screen at a Hong Kong shopping mall shows Edward Snowden, the former contractor accused of leaking information about NSA surveillance programs. He left Hong Kong on Sunday.
Vincent Yu/AP
Beijing
By allowing Edward Snowden to leave Hong Kong Sunday, hours after the United States sought to extradite him, the government there has rid itself 鈥� and Beijing 鈥� of an awkward diplomatic and legal problem.
Indeed there are strong suspicions in the former British colony that the Hong Kong authorities deliberately gave the fugitive NSA whistleblower time to get out.
The US extradition request, filed on Saturday, 鈥渄id not fully comply with the legal requirements under Hong Kong law,鈥� the Hong Kong government said on Sunday, so it had asked Washington for 鈥渁dditional information.鈥�
In the meantime, there was 鈥渘o legal basis to restrict Mr. Snowden from leaving Hong Kong,鈥� the statement added. On Sunday morning, Snowden boarded a plane bound for Moscow, accompanied by legal advisors from the anti-secrecy group Wikileaks according to a post on the group鈥檚 Twitter account.
His final destination was unclear.
鈥淚 suspect it was 鈥榳ink, wink, nudge, nudge, you鈥檝e got 48 hours to get out of Dodge City鈥�,鈥� says Kevin Egan, a Hong Kong lawyer with experience of extradition cases. 鈥淲hen the government got the clarification it had sought, it might not have been able to let him go.鈥�
鈥淪nowden managed to get away because Hong Kong decided to stall,鈥� adds Claudia Mo, a lawmaker with the pro-democracy Civic Party. 鈥淭he matter was too tricky for Sino-American relations 鈥� so Beijing gave instructions he should be given time to leave.鈥�
Snowden had said he planned to challenge any US extradition attempt in Hong Kong courts, declaring his faith in the city鈥檚 rule of law. But he faced the possibility of having to stay in jail throughout the court proceedings, which could have taken several years according to local lawyers.
His case was a thorny one for Beijing, anxious to improve relations with the United States and embarrassed by the US fugitive鈥檚 presence in Hong Kong, but unable to intervene openly in Hong Kong鈥檚 judicial process under the 鈥渙ne country, two systems鈥� principle that safeguards Hong Kong鈥檚 courts.
Hong Kong鈥檚 top official, Chief Executive Leung Chun-ying had promised that the case would be handled 鈥渋n accordance with the laws and established procedures of Hong Kong.鈥� But the politically sensitive case 鈥渨ould have been quite a test for our rule of law,鈥� says Ms. Mo. 鈥淚t would have been a very thorny issue and it is all for the best for both Hong Kong and Beijing that he has gone.鈥�
鈥淭his was not a case that Hong Kong or Beijing ever wanted to get involved in,鈥� agrees Mr. Egan. 鈥淭he best thing for both of them was for Snowden to leave.鈥澛�