Commentator: Snowden comes to HK after careful planning

A local commentator said on Friday that NSA leaker Edward Snowden did make careful planning before coming over to Hong Kong.

Veteran journalist and commentator Kwok Yat Ming told the APD that Snowden had thoroughly considered all possible factors and outcomes before coming over to Hong Kong.

He said that Hong Kong has a different jurisdiction from the Chinese mainland which he has faith in. More importantly, Hong Kong is part of the territory of China, one of the rare superpowers on earth daring to say "no" to the U.S. hegemony.

"Snowden knows this is exactly the umbrella he needs, unlike otherU.S.'s allies, where he is doomed to be extradited once the Whitehouse takes any action, or those non U.S. alliance such as the South- America with insufficient guarantee of a fair legal system and personal security," said Kwok.

Snowden's leakage of astonishing secrets was purely out of his personal dissatisfaction. There has yet been any evidence proving his dramatic acts were driven by conspiracies to mess up the Sino-U.S. relations as stated in analysis, Kwok added.

"I believe Snowden is still keeping plenty of confidential information in hand, not just about China, but many other countries were also involved," Kwok said.

Snowden is reportedly taking four computers along with him. "He has been revealing those top secrets bit by bit, which shows that he has his strategies in doing so, " Kwok said. "Whatever his purpose is, the bulk of top secrets for sure will be his talisman to keep himself safe, or serve as his political bargaining chips."

From a legal perspective, Kwok said Snowden is still a tourist in Hong Kong, as he is neither wanted nor prosecuted by the judiciary department of his country for the time being, albeit he is doubted for a possible political tie with China.

Even though Washington really blows the whistle to bring him back, he can still lengthen his stay in the city through "upgrading" the incident to a diplomatic affair, said Kwok.

"He can make application to theOffice of the United Nations High Commissioner for Refugees (UNHCR) in Hong Kong for an asylum status," said Kwok.

According to local media's analysis, Hong Kong is not a signatory to the international Refugee Conventions, but is nevertheless bound by the fundamental international human rights principle of “non-refoulement. This means it cannot repatriate an asylum-seeker if he or she may face persecution “for reasons of race, religion, nationality, membership of a particular social group or political opinion.

This international human rights duty trumps the duty under the surrender agreement. Therefore, once Snowden makes an asylum application, the Hong Kong government would have to put its decision on whether or not to surrender Snowden on hold, and allow him to stay, pending a decision by the UNHCR.

Should the Hong Kong government eventually agree with UNHCR’s decision to deport Snowden after conducting an independent review, the latter can seek a judicial review of this decision. It is only after such review is completed could the government decide to surrender him.

"The succession of process could last for three to five years, during when he can stay here safe and sound." said Kwok.

Kwok said back in Hong Kong's colonial era, it was common for the then government to bulldoze over the legal duty, and secretly extradite the political refugees. But after the 1997 handover of sovereignty, with higher transparency of the operation of the judicary and executive branches of the SAR government, deportation with undue legal process is never before seen.

Snowden himself said Iceland is his preferred next stop, while Russia manifested its willingness to offer him a safe harbor.

Kwok said he may end up going to neither of the two countries.

"Russia has long been perceived as major antagonist of the States for bringing threats to the world's number one nation's peace and harmony," Kwok said."Snowden is hailed as a hero for doing 'justice' on behalf of the entire world. But if he turns to Russia, he will kick himself off the moral high ground, and become a traitor of the American people instead, leaving himself a point of no return."

On the other hand, even though Snowden aired his desire to move to Iceland, Kwok said the Whitehouse has been exerting pressure to the government of the small country in western Europe. He has his doubt as to whether Iceland will welcome him like Russia does.