Sunday, June 23, 2013

FOXNews.com: Hong Kong says NSA leaker Edward Snowden has left for a "third country"

FOXNews.com
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Hong Kong says NSA leaker Edward Snowden has left for a "third country"
Jun 23rd 2013, 07:00

Edward Snowden, the former National Security Agency contractor who exposed secrets about the federal government's surveillance programs, has reportedly has left for a "third country."

The South China Morning Post reported Sunday that Edward Snowden was on a plane for Moscow, but that Russia was not his final destination. Snowden has talked of seeking asylum in Iceland.

Hong Kong said in a statement that it allowed Snowden to leave despite an extradition request from the U.S. because documents provided by the U.S. government did not "fully comply with the legal requirements under Hong Kong law."

It said there was no legal basis to stop Snowden from leaving.

Fox News confirmed Saturday that the U.S. was talking with Hong Kong officials about seeking extradition for Snowden.

"Our law enforcement officials are in conversation ... with the Hong Kong authorities at this point," said Tom Donilon, the outgoing White House National Security Adviser.

The talks were reported first by CBS News. Officials there have said nothing publicly about their intentions, following the U.S. announcing Friday that it had officially filed a criminal complaint against the 26-year-old Snowden.

"If Hong Kong doesn't act soon, it will complicate our bilateral relations and raise questions about Hong Kong's commitment to the rule of law," a senior administration official told Fox News late Saturday.

National Security Council spokeswoman Caitlin Hayden said Saturday the U.S. contacting Hong Kong authorities is based on the complaint filed June 14 and in accordance with the countries' Agreement for the Surrender of Fugitive Offenders.

Based on Snowden's information, The Guardian and The Washington Post earlier this month published blockbuster stories about the federal government's far-reaching efforts to gather data on phone calls, emails and other electronic communications to thwart terrorism.

The complaint, filed under the Espionage Act, charges Snowden with the theft and communication of classified intelligence, then giving the information to an unauthorized person.

Snowden told the South China Morning Post in an interview published Saturday on its website that he hoped to stay in the autonomous region of China because he has faith in "the courts and people of Hong Kong to decide my fate."

He alleged in the interview that the U.S. government has been hacking Chinese mobile phone companies in China and that Beijing's Tsinghua University had been the subject of "extensive hacking," The Wall Street Journal reported.

"The NSA does all kinds of things like hack Chinese cellphone companies to steal all of your SMS data," Snowden was quoted as telling the South China Morning Post.

Hong Kong's government had no immediate reaction to the charges against Snowden. Police Commissioner Andy Tsang told reporters only that the case would be dealt with according to the law. A police statement said it was "inappropriate" for the police to comment on the case.

A prominent former politician in Hong Kong, Martin Lee, the founding chairman of the Democratic Party, said he doubted whether Beijing would intervene yet.

"Beijing would only intervene according to my understanding at the last stage. If the magistrate said there is enough to extradite, then Mr. Snowden can then appeal," he said.

Lee said Beijing could then decide at the end of the appeal process if it wanted Snowden extradited or not.

Hong Kong lawyer Mark Sutherland said that the filing of a refugee, torture or inhuman punishment claim acts as an automatic bar on any extradition proceedings until those claims can be assessed.

"Some asylum seekers came to Hong Kong 10 years ago and still haven't had their protection claims assessed," Sutherland said.

Hong Kong lawmakers said that the Chinese government should make the final decision on whether Snowden should be extradited to the United States.

Outspoken legislator Leung Kwok-hung said Beijing should instruct Hong Kong to protect Snowden from extradition before his case gets dragged through the court system.

Leung urged the people of Hong Kong to "take to the streets to protect Snowden."

Fox News' Kelly Chernenkoff and The Associated Press contributed to this report. 

Click here for more from The Wall Street Journal.

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