According to the Basic Law, Hong Kong SAR judicial independence in Hong Kong. The return of Hong Kong and the United States agreed (Note: In fact, "Surrender" is a saying among sovereign states, strictly between Hong Kong and the United States you can not be a "transfer"), which means "Hong Kong government and the United States of America on takeover agreement. "Extradite under this agreement, the United States, Snowdon, accusing violation of Hong Kong and the United States have two places of all these similar laws, and sentenced him to one year imprisonment or more heads charge. Although there is no law in Hong Kong on charges of high treason reported as well, but according to the "New York Times" that the United States and Hong Kong lawyers have dozens of heads blocked cargo, including official government secrets that both Hong Kong and the United States are illegal. It should be noted that many reports have to be said that according to the regulations, if the transfer request relates to the national defense of China, foreign, or the core of the interest or of public policy, the central government China the right to request veto. And this is a misinterpretation of the agreement, because the agreement is for the citizens of the People's Republic of China, instead of its nationals.
In other words, the transmission bases. Now you can transfer the charge yet? Of course not so simple. In the judiciary in Hong Kong, if the United States has issued an international arrest warrant, the person arrested must in Hong Kong, go to a court hearing. If he loses, you can also use the three highest court. Action layers instead play down the consumption of three to five years. But time is not the most important. What is decisive is the basis of Snowdon to win? It turned out that there is an exception recognized international extradition treaty, the "principle of non-extradition of political prisoners." In other words, if the judge believes that Hong Kong Snowdon from the United States is looking for political reasons, then it may be prudent. In addition, the Hong Kong side is also the advisability of establishing a prima facie case and other criminal elements. In addition to the transfer of prisoners, we must also take into account humanitarian considerations, that is, the approval of the "volatile relationship because of their age or health consequences as a result of unusual severity, the competent authority of the other Party's (for the United States refers to management) refuse the extradition of the fugitive.
The second way: Hong Kong Government "torture" to evacuate, despite the adoption is very low：What are the "Torture" means? In fact, the SAR government is a way to seek political asylum. Hong Kong joined the "Convention against Torture and Other Cruel, Inhuman or Degrading Treatment", in accordance with Article III of the Convention, "where there are substantial grounds for believing that a person would be in a different country risk of torture, the State party to deport or extradite them, the country. "In other words, the Convention on the upper part of the acquisition agreement. And proposed as "torture," the government cannot refuse, but not before. Decision on extradition although in Hong Kong have refused the "claims" of immigration authorities, you can appear until the lawsuit is finished, the process will take about two years to complete.
The third way: apply also consider the status of "refugee" UNHCR, which is asylum applications in the Hong Kong Government, Many devotees believe that Snowden is free, only audible Hero The status of "refugee", but also to avoid returning. China is the United Nations Convention relating to the Status of Refugees, "the party. There was besides in the Constitution and international law for the Vietnamese Communists Nguyen Dinh shady precedent of diplomatic asylum. Nevertheless according to the principles of the Basic Law, which does not bind to Hong Kong founded., the Hong Kong authorities believe that the prosperity of Hong Kong and the visa requirements and to open the door when we influx necessarily much to be open, not acceded to the Convention. Summary, there is no approach Snowdon is the status of government Hong Kong "refugees" to be free. However, it may, at the UNHCR. soon as this was identified as the Hong Kong government would not be handed over to him, he can not be arranged to countries 'refugee' and regions Cases Hong Kong in March this year to recognize, has found a new independent verification of refugee cases -. Means that even if the Commissioner for Refugees rejected the application for refugee status has the ministries of Hong Kong do not want to ask for a non-repatriation or transfer, on the contrary, this account has humanitarian considerations. Not easy and contempt for human rights.