However, local experts emphasize Hong Kong’s legal independence. Professor Simon Young, director of Hong Kong University’s Centre for Comparative and Public Law, says he “doesn’t see any chance” that Beijing could assume jurisdiction of any proceedings relevant to the Snowden case. “Although Hong Kong is not bound by the Refugee Convention, a recent decision from our Court of Final Appeal held that the Hong Kong government must independently assess whether an individual’s refugee claim is well founded,” he tells TIME. In other words, all persons landing in Hong Kong with a bona fide claim to refugee status will not be returned to a place where they may be persecuted.
Whether bringing charges against Snowden for revealing seemingly unconstitutional surveillance operations amounts to “persecution” will, of course, be a matter of intense debate. Currently, the UNHCR’s office in Hong Kong considers refugee claims and the Hong Kong government respects the U.N. agency’s decisions on refugee status. The U.S. treatment of Manning raised concerns with the U.N.’s torture expert and could make it less likely that Snowden will be extradited to face similar punishment. In addition, Ronny Tong, a Hong Kong Legislative Council member, tells TIME that Snowden could only be extradited if there were a local law equivalent to that he allegedly violated in the U.S.
The U.S. and Hong Kong authorities are not averse to cooperating on legal matters, as Kim Dotcom, the notorious Internet guru, discovered after founding his controversial file-sharing Megaupload.com website while living in the territory. He tweeted support for Snowden on Monday and urged the Hong Kong government “to be remembered as a place of good” by granting asylum and protection. Dotcom’s own experiences, however, do not augur well; his office was raided by 100 Hong Kong customs officials working with the FBI in 2011, and his assets were frozen. He then fled to New Zealand and is now fighting extradition to the U.S.
Join the conversation as a VIP Member