Handling Snowden: Hong Kong Holds Fast to Rule of Law

Published in Wen Wei Po
(Hong Kong) on 24 June 2013
by (link to originallink to original)
Translated from by Iman Ng. Edited by Molly Rusk.
Hong Kong's government announced yesterday that Edward Snowden had left for a third country of his own accord through a lawful and proper channel and that the U.S. government had been informed of his departure. The local government remained ever faithful to the rule of law in handling Snowden's case and acted according to the territory's appropriate legal codes and mechanisms. A spirited commitment to the law throughout this episode grants victory to Hong Kong for its protection of human rights and rule of law, strengthening the international community's confidence in the territory.

Quoting American officials, The Washington Post reported earlier that U.S. authorities had demanded that Hong Kong detain Snowden, pursuant to a U.S. court's provisional arrest warrant to prepare for his extradition and trial back home. The local government's press release also mentioned that the American government had previously asked the territory to issue a provisional arrest warrant. But documentation furnished by the U.S. government was not in full compliance with the requirements of local law, and it should be noted that Hong Kong observes no laws but its own. Hong Kong had asked the U.S. for more information so that the territory’s secretary of defense could determine whether the request met relevant legal requirements; however, without sufficient information to process the provisional warrant, Hong Kong’s government had no legal grounds for restricting Snowden from leaving the territory.

In dealing with Snowden's case, Hong Kong stood by its commitment to rule of law free from U.S. pressure, thereby furthering the cause of human rights and law and order worldwide. Article 13 of the Universal Declaration of Human Rights states: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.”*

Since Snowden blew the lid off U.S. global Internet surveillance, all of humanity can now see that America is a violator of human rights and privacy. Snowden said that he exposed PRISM because he could not in clear conscience allow for the global public's privacy and Internet freedom to be encroached on by the U.S. government. He further explained that the reason he chose Hong Kong as the place to leak secrets and be interviewed himself was that it guaranteed protection of free speech and the rights of dissidents. Snowden's choice of Hong Kong as his first port of call highlights the protection that the city, as a “bastion of the rule of law,” provides for free speech and dissent.

Even though Snowden left Hong Kong of his own accord through legal and proper means, the case is not quite over yet. America should explain itself — its hacking of mainland Chinese and local computers and its monitoring of global networks. The country should apologize for its terrible deeds and promise to never again hack into global computer networks, including those of Hong Kong.

* Translator's Note: The author attributes this quote to Article 13 of the Universal Declaration of Human Rights. The quote is actually found in Article 12.


特區政府昨日發表聲明,指斯諾登昨日已自行循合法和正常途徑,離開香港,前往第三國。特區政府已就斯諾登離港一事,通知美國政府。在斯諾登事件上,香港特區政府始終堅守法治,按香港法律及機制處理事件。香港處理斯諾登事件,堅守法治,為香港在維護人權和法治方面贏分,加強了國際社會對香港的信心。

《華盛頓郵報》早前引述美官員報道,美國當局已要求港府根據美國法庭的臨時拘捕令,拘留仍藏身本港的斯諾登,並準備引渡他回國受審。特區政府昨日發表的聲明也提到,美國政府早前曾向特區政府要求向斯諾登發出臨時拘捕令。但是,由於美國政府的文件未能全面符合香港法律上所需的要求,而在香港是執行香港法律,並非其他國家法律。特區政府已向美方要求提供進一步資料,以供律政司考慮美方要求能否符合相關法律條件。特區政府在未獲得足夠資料處理臨時拘捕令的情況下,並無法律依據限制斯諾登離境。

處理斯諾登事件,香港堅守法治,無懼美方施壓,是為人類人權事業和法治秩序作出貢獻。《世界人權宣言》第十三條規定:「任何人的私生活、家庭、住宅和通信不得任意干涉,他的榮譽和名譽不得加以攻擊。人人有權享受法律保護,以免受這種干涉或攻擊。」斯諾登揭露美國監控全球網絡,讓世人看到,美國是侵犯人權和隱私權的人權危害者。斯諾登說,曝光「稜鏡」監聽項目是自己良心上無法允許美國政府侵犯全球民眾隱私以及互聯網自由。斯諾登表示,他之所以選擇到香港洩密並接受採訪,是因為香港有保護言論自由和異議者人權的承諾。斯諾登選擇香港作為第一落腳地,也彰顯了香港「法治之都」對言論自由和異見者的保護。

儘管斯諾登已自行循合法和正常途徑離開香港,但事件仍未結束。美國應就入侵中國內地和香港電腦作出交代,應就監控全球網絡作出交代,為其劣行道歉,承諾不再入侵包括本港在內的世界各國各地的電腦網絡。
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