“Edward Snowden ‘in safe place’ in Hong Kong, but time running out”

June 22, 2013

South China Morning Post on June 23, 2013 released the following:

“Edward Snowden has not been detained or put under police protection and is “in a safe place” in Hong Kong, but experts say time is running out for Snowden if he intends to leave Hong Kong and seek asylum elsewhere.

[By] Lana Lam

The South China Morning Post can reveal that contrary to some reports, US whistleblower Edward Snowden has not been detained or put under police protection and is “in a safe place” in Hong Kong.

But experts say time is running out for Snowden if he intends to leave Hong Kong and seek asylum elsewhere.

His fate may depend on when the Hong Kong police seek a provisional warrant for his arrest from a local court in light of charges in the United States, a legal procedure the Post understands was still being worked Saturday night.

Snowden had indicated that he wanted to seek asylum in Iceland, although he has also pledged to put his future in the hands of the Hong Kong people and courts.

When a local warrant is issued, police will hand his details to the Immigration Department and Snowden will be unable to leave the city.

Police commissioner Andy Tsang Wai-hung would only say Saturday that a provisional warrant issued by a US court would not apply to Hong Kong.

Professor Simon Young Ngai-man, of the University of Hong Kong’s law faculty, said: “I suspect, though I do not know for sure, that a provisional arrest warrant has already been issued by a HK magistrate as early as June 14, the date of the [US] charges.”

Civic Party lawmaker Ronny Tong Ka-wah, a senior counsel, said a local court could grant a provisional warrant quickly.

Law Society vice-president Stephen Hung Yuen-shun said a court would be able to issue a warrant without hearing from Snowden’s lawyers.

A report in The Washington Post said US authorities had asked Hong Kong to issue a provisional warrant to detain Snowden.

Under the Fugitive Offenders Ordinance, Hong Kong authorities must inform Beijing of the receipt of any extradition request. Beijing may intervene if the case seriously affects the nation’s defence and foreign affairs. The central government can instruct Chief Executive Leung Chun-ying on whether or not Snowden should be arrested.

“If Beijing did not give any instruction … and Snowden were arrested, he can apply for bail, or a habeas corpus … to … challenge the legitimacy of his arrest,” Tong said.

If he is arrested, committal proceedings will take place before a magistrate, who will decide whether there are sufficient grounds to send Snowden back to the US. Snowden can also argue that the prosecution was political in nature – he would be released were the magistrate to rule in his favour on that point.

“[Snowden] can argue that his offence is of a political character – based on his conscience, political views or values,” said former security minister Regina Ip Lau Suk-yee.

Young said relevant arguments Snowden could raise would include questioning the motive for the prosecution, the likelihood of his receiving a fair trial back home and his likely treatment in the US.

The court will also rule on whether the offences Snowden is accused of would be crimes in Hong Kong. Young believes that not all of the three offences – theft of government property, unauthorised communication of national defence information and wilful communication of classified communications intelligence to an unauthorised person – have an equivalent in Hong Kong law.

“While the requested offence of theft of governmental property will not present difficulties, the other two information-related offences will likely attract litigation and dispute in the courts,” Young said. But, he said, the chief executive could consent to allow offences not mentioned in the extradition treaty with the US to be included.

Both Snowden and the local government have the power to appeal against the magistrate’s ruling and take the case all the way to the Court of Final Appeal.

Even if Snowden fails and the chief executive order his transfer, Snowden can seek a judicial review of the decision, which can also be subject to various appeals, Young says.

Tong says the theft charge alone may be enough to secure Snowden’s extradition, unless the former CIA technician can prove he stole for political reasons.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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We previously discussed the extradition treaty between the United States and Hong Kong here.

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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“Confessed NSA Leaker Holed Up In Hong Kong Hotel”

June 10, 2013

NPR on June 10, 2013 released the following:

Confessed NSA Leaker Holed Up In Hong Kong Hotel

by Frank Langfitt”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and Hong Kong here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email:


“Treaty gives Hong Kong option to reject Snowden extradition to the US”

June 10, 2013

South China Morning Post on June 10, 2013 released the following:

By: Staff Reporter

“Hong Kong could refuse to extradite US whistleblower Edward Snowden if Beijng wanted to keep him, according to a treaty signed between the United States and Hong Kong almost two decades ago.

Hong Kong has the “right of refusal when surrender implicates the ‘defense, foreign affairs or essential public interest or policy'” of the People’s Republic of China, according to the US-Hong Kong Extradition Treaty signed in 1997.

Snowden chose to seek refuge in Hong Kong because of the city’s “strong tradition of free speech”, he said in an interview with the Guardian published earlier today. He also said that he was concerned about being handed to mainland Chinese or US authorities.

The US justice deparment has initiated an investigation into his leaking of a secret US data gathering programme, that has collected records of trillions of online messages and phone calls over several years. US members of congress have already called for his extradition to the US to stand trial.

China does not have an extradition treaty with the United States.

According to notes on the treaty submitted to the US Senate, the Hong Kong negotiators had insisted on including clauses making it easily possible to deny extradition to the US, arguing that such a clause was essential in obtaining mainland Chinese approval for the treaty.

As such, article 3 of the treaty allows the Chinese government to refuse surrendering a person if it thought the surrender “relates to (its) defense, foreign affairs or essential public interest or policy”.

Hong Kong can also refuse if the city or the mainalnd have begun proceedings for the prosecution of that person. Hong Kong can reject an application if the city felt that the request was “politically motivated” or that Snowden would be prosecuted for his political opinions.

Extradition requests can be made either through the US Consulate Generale in Hong Kong or Interpol, according to the treaty.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and Hong Kong here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email: