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Arrest of N.S.A. Leaker Seen as Easier Than Transfer to U.S. Lengthy Battle on Arrest Seen in Leaks Case
(about 1 hour later)
HONG KONG — The request from the United States that Hong Kong detain Edward J. Snowden, who has been accused of stealing government secrets, before it seeks his return to America is likely to set off a tangled and protracted fight, with Mr. Snowden and his legal advisers having multiple tools to delay or thwart his being surrendered to American officials. HONG KONG — The request by the Justice Department that Hong Kong detain Edward J. Snowden before it seeks his return to face espionage and theft charges in the United States is likely to set off a tangled and protracted fight over his fate, with Mr. Snowden and his lawyers having multiple tools to delay or thwart his being surrendered to American officials, legal experts said Saturday.
Mr. Snowden’s exact location was unclear Saturday, though he was believed to be hiding in a safe house in Hong Kong after leaving a hotel room two weeks ago upon revealing that he was the one who had leaked details of American surveillance efforts to the media. Hong Kong police officials would not comment Saturday about Mr. Snowden’s whereabouts. A public battle over the status of Mr. Snowden, the former National Security Agency contractor whose disclosures about American surveillance programs have riveted the country, could prove uncomfortable for the Obama administration. His revelations have provoked new criticism of the N.S.A.’s eavesdropping and data collection, and a drawn-out legal struggle could put a harsh spotlight on the tension between President Obama’s pledges of transparency and civil liberties, and a record that has included persistent secrecy and unprecedented leak prosecutions.
Stephen Vickers, who oversaw police criminal intelligence in Hong Kong before Britain returned the territory to China in 1997, said Saturday that the Hong Kong police had certainly figured out where Mr. Snowden was hiding and should be able to detain him once Hong Kong government lawyers determined that the charges Mr. Snowden faced in the United States were also legal offenses in Hong Kong. For the past week, Mr. Snowden, 30, has been staying in an apartment in Hong Kong’s Western neighborhood that is controlled by the Hong Kong government’s security branch, according to a person who has followed the case and spoke on the condition of anonymity. Mr. Snowden appears to have been granted access to the apartment after seeking protection from the Hong Kong police against a possible rendition attempt by the United States, the person said.
Mr. Snowden left a Hong Kong hotel room two weeks ago after revealing that he was the one who leaked highly classified documents to The Guardian and The Washington Post. Hong Kong police officials would not comment on Saturday about Mr. Snowden’s whereabouts.
Stephen Vickers, who oversaw police criminal intelligence in Hong Kong before Britain returned the territory to China in 1997, said Saturday that the police should be able to detain him once Hong Kong government lawyers have determined the charges Mr. Snowden faces in the United States are also illegal offenses in Hong Kong.
“I have no doubt whenever the government decides to take action, they will pick him up fast,” said Mr. Vickers, who now runs a risk consulting firm.“I have no doubt whenever the government decides to take action, they will pick him up fast,” said Mr. Vickers, who now runs a risk consulting firm.
He said the United States government had been “terribly slow” to disclose charges, giving more time for human rights activists to find legal avenues for Mr. Snowden to pursue to avoid being surrendered to United States law enforcement officials. If and when the Hong Kong police detain him, Mr. Snowden can then appeal to a magistrate for his release. But he faces another complication: his 90-day tourist visa runs out in mid-August, giving the local authorities another reason to keep him in custody.
If the Hong Kong police detain him, Mr. Snowden can appeal to a magistrate for his release. But he faces another complication: his 90-day tourist visa in Hong Kong runs out in mid-August, giving the local authorities another reason to keep him in custody. The more daunting challenge facing the United States is its expected request to have Mr. Snowden sent back to America to face criminal charges in the Eastern District of Virginia, where prosecutors have handled many major national security cases.
The more daunting challenge facing the United States is its expected request to have Mr. Snowden sent back to America to face charges that he violated the Espionage Act and stole government property. In recent weeks, Mr. Snowden’s plight has been seized on by multiple groups: by Hong Kong’s human rights movement, by pro-Beijing activists attracted to his defiance of the United States, and by those angered by Mr. Snowden’s claims that Hong Kong was itself the target of aggressive American surveillance efforts. And with such a potent issue stirring passions here and abroad, lawyers are likely to swarm over the high-profile case. (Mr. Snowden’s legal advisers have yet to come forward.)
In recent weeks, Mr. Snowden’s plight has been seized on by myriad groups: by Hong Kong’s vocal human rights movement, by pro-Beijing activists attracted to his defiance of the United States and by those angered by Mr. Snowden’s claims that Hong Kong was itself a target of American surveillance. And with such a potent issue stirring passions here and abroad, lawyers will likely swarm over the case. (Mr. Snowden’s legal advisers have yet to come forward.) Mr. Snowden and his lawyers could tie up any effort to have him sent back to the United States by claiming that “his offense is a political offense,” said Regina Ip, a former Hong Kong secretary of security and a current legislator. She added that such a claim would have “to go through various levels of our courts.” The United States’ surrender treaty with Hong Kong has an exception for political offenses.
Mr. Snowden and his lawyers could tie up any effort to send him back to the United States by claiming that “his offense is a political offense,” said Regina Ip, a former Hong Kong secretary of security and a current legislator, who added that such a claim would have “to go through various levels of our courts.” America’s treaty with Hong Kong covering the surrender of suspects has an exception for political offenses. Alternatively, Mr. Snowden could apply for asylum. Currently, asylum claims are facing lengthy delays of several years in Hong Kong, since they are handled by Hong Kong officials in cooperation with the United Nations High Commissioner for Refugees’ office. Nazneen Farooqi, a local protection officer with the United Nations refugee agency, suggested last week, without addressing Mr. Snowden’s case directly, that his case would not be fast-tracked should he go this route, since, “we prioritize older cases.” And people who make asylum applications can be held in detention for weeks, months or even longer.
Alternatively, Mr. Snowden could apply for asylum. Currently, asylum claims in Hong Kong, which Hong Kong officials handle in cooperation with the office of the United Nations high commissioner for refugees, face delays of several years. Nazneen Farooqi, a local protection officer with the United Nations agency, did not address Mr. Snowden’s situation directly, but suggested that a case would not be fast-tracked, because “we prioritize older cases.” And asylum applicants can be held in detention for weeks, months or even longer. Finally, China could also apply behind-the-scenes pressure to slow down or block the effort to have Mr. Snowden turned over. Hong Kong enjoys legal autonomy from mainland China, but the Chinese government can intervene in diplomatic and defense matters.
Finally, China could apply behind-the-scenes pressure to slow the effort to have Mr. Snowden turned over. Hong Kong enjoys legal autonomy from mainland China, but Beijing can intervene in diplomatic and defense matters. While Chinese officials have steered away from commenting on the specifics of Mr. Snowden’s case, government and news outlets controlled by the Communist Party have been increasingly sympathetic to Mr. Snowden, with an opinion article in the state-run China Daily suggesting Thursday that “Snowden’s crime, if any, pales in comparison with the actions of the U.S. officials who authorized and operated the cyberespionage program.”
While Chinese officials have steered away from commenting on the specifics of Mr. Snowden’s plight, government and Communist Party-controlled news outlets have been increasingly sympathetic. An opinion piece in the state-run China Daily on Thursday suggested that “Snowden’s crime, if any, pales in comparison with the actions of the U.S. officials who authorized and operated the cyberespionage program.” Overwhelming majorities in both parties in Congress appear to support the prosecution of Mr. Snowden. But his revelations have already produced some uncomfortable moments for the administration: a Republican congressman who helped write the Patriot Act, Representative Jim Sensenbrenner of Wisconsin, declared one leaked N.S.A. program “un-American,” and the director of national intelligence, James R. Clapper Jr., was forced to admit that his previous statement to Congress that the agency did not collect records on millions of Americans was untrue.
A person who has paid close attention to Mr. Snowden’s whereabouts in Hong Kong said Mr. Snowden had been staying for the past week at an apartment in the Western neighborhood. The apartment is run by the Hong Kong government’s security branch, most likely making him safe from any attempt at rendition by the United States. He was most likely was granted access to the apartment by making a complaint to the Hong Kong police. Mr. Snowden is the seventh person to be accused by the Obama administration of violating the Espionage Act of 1917 by leaking secrets to the news media, compared with three such cases under all previous presidents. And unlike others accused of leaking, Mr. Snowden went public with his own explanation of his actions before he was charged, giving a series of interviews to The Guardian and portraying the leaks as an act of conscience intended to give Americans a chance to decide the appropriate limits of spying. He has drawn support from a wide swath of the political left and the libertarian right in the United States.
If Mr. Snowden is arrested, he faces one of two possibilities: He remains in detention, or he persuades a magistrate to grant him bail, which one lawyer with experience in Hong Kong surrender cases called a possibility. Still, bail would mean Mr. Snowden would need to report to the police once a day, and it would be nearly impossible to leave Hong Kong (so a trip to Iceland, one of his desired destinations, would be out of the question while his case was being adjudicated). Even if he is silenced by the Hong Kong authorities during a removal battle, his supporters will echo and amplify his claim to have acted in the interest of democracy. Mr. Obama, who said after the leaks surfaced that he welcomed a debate over surveillance programs, will preside symbolically over the pursuit and punishment of the man who started the debate.
Should he go to jail, Mr. Snowden would “have slightly greater privileges than prisoners” elsewhere in Hong Kong, said the lawyer, who did not want his name published because of the passions surrounding he case. “For better or worse, it’s the president’s prerogative to decide what’s classified and what’s not,” said Stephen Vladeck, a law professor at American University. “But it’s reasonable to think that the administration deserves some blame for leaving it to people like Snowden to start a public debate on these issues.”
“Conditions in the jails here are better than in Britain or the U.S.,” the lawyer said. “He will be given the choice of Chinese or Western food,” and would have more visiting rights than regular prisoners.

Gerry Mullany reported from Hong Kong, and Scott Shane from Baltimore. Sarah Lyall contributed reporting from London.

And, the lawyer said, Mr. Snowden would have access to books in prison, “but no computers.”