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Version 6 Version 7
Hasty Exit Started With Pizza Inside a Hong Kong Hideout Hasty Exit Started With Pizza Inside a Hong Kong Hideout
(about 3 hours later)
HONG KONG — For Edward J. Snowden, the former National Security Agency contractor who has acknowledged leaking numerous documents about American surveillance operations around the world, the path to a sudden departure from Hong Kong late Sunday began over a dinner days before of a large pizza, fried chicken and sausages, washed down with Pepsi. HONG KONG — Edward J. Snowden, the former National Security Agency contractor who has acknowledged leaking numerous documents about American surveillance operations around the world, planned his escape from Hong Kong over a surreptitious dinner of pizza, fried chicken and sausages, washed down with Pepsi.
Albert Ho, one of Mr. Snowden’s lawyers, said that before the Tuesday night dinner began, Mr. Snowden insisted that everyone hide their cellphones in the refrigerator of the home where he was staying, to block any eavesdropping. Then began a two-hour conversation during which Mr. Snowden was deeply dismayed to learn that he could spend years in prison without access to a computer during litigation over whether he would be granted asylum here or surrendered to the United States, Mr. Ho said. It was a cloak-and-dagger affair. Mr. Snowden wore a cap and sunglasses and insisted that the assembled lawyers hide their cellphones in the refrigerator of the home where he was staying, to block any eavesdropping. Then began a two-hour conversation during which Mr. Snowden was deeply dismayed to learn that he could spend years in prison without access to a computer during litigation over whether he would be granted asylum here or surrendered to the United States.
Staying cooped up in the cramped Hong Kong home of a local supporter was less bothersome to Mr. Snowden than the prospect of losing his computer.Staying cooped up in the cramped Hong Kong home of a local supporter was less bothersome to Mr. Snowden than the prospect of losing his computer.
“He didn’t go out, he spent all his time inside a tiny space, but he said it was O.K. because he had his computer,” Mr. Ho said. “If you were to deprive him of his computer, that would be totally intolerable.” “He didn’t go out, he spent all his time inside a tiny space, but he said it was O.K. because he had his computer,” said Albert Ho, one of Mr. Snowden’s lawyers. “If you were to deprive him of his computer, that would be totally intolerable.”
The outcome of that meeting, Mr. Ho said, was a decision by Mr. Snowden to have Mr. Ho pose two questions to the Hong Kong government: would he be released on bail if he were detained in Hong Kong at the request of the United States, and would the Hong Kong government interfere if Mr. Snowden tried to go to the airport and leave Hong Kong instead. After the meeting, Mr. Ho was sent to ask the Hong Kong government if Mr. Snowden would be released on bail if he were arrested or whether he would be allowed to leave the country.
A person with detailed knowledge of the Hong Kong government’s deliberations said that the government had been delighted to receive the questions. Leung Chun-ying, the chief executive, and his top advisers had been struggling through numerous meetings for days, canceling or postponing most other meetings, while trying to decide what to do in response to an American request for Mr. Snowden’s detention, even as public opinion in Hong Kong seemed to favor protecting the fugitive. A person with detailed knowledge of the Hong Kong government’s deliberations said that the government had been delighted to receive the questions. Leung Chun-ying, the chief executive, and his top advisers had been struggling through numerous meetings for days, canceling or postponing other meetings, while trying to decide what to do in response to an American request for Mr. Snowden’s detention, even as public opinion in Hong Kong seemed to favor protecting the fugitive.
But Mr. Snowden’s choice of Mr. Ho to represent him raised a problem, said the person knowledgeable about the government’s deliberations, who insisted on anonymity because of the diplomatic sensitivities in the case. Mr. Ho, a member of the territory’s legislature for nearly 20 years, is a former chairman of the Democratic Party and a longtime campaigner for full democracy here, to the irritation of government leaders of the territory, which was returned by Britain to China in 1997. But Mr. Snowden’s choice of Mr. Ho to represent him raised a problem, said the person with knowledge of the government’s deliberations, who insisted on anonymity because of the diplomatic sensitivities in the case. Mr. Ho, a member of the territory’s legislature for nearly 20 years, is a former chairman of the Democratic Party and a longtime campaigner for full democracy here, to the irritation of government leaders of the territory, which was returned by Britain to China in 1997.
“The Hong Kong government doesn’t trust him,” the person said, adding that the Hong Kong government also did not want to be involved in any direct negotiations with Mr. Snowden. So the government found an intermediary, someone with longstanding connections to the local government but not in office, to bypass Mr. Ho and contact Mr. Snowden through someone in the Hong Kong community who was helping Mr. Snowden. “The Hong Kong government doesn’t trust him,” the person said, adding that the Hong Kong government also did not want to be involved in any direct negotiations with Mr. Snowden. So the government found an intermediary, someone with longstanding connections to the local government but not in office, to bypass Mr. Ho and contact Mr. Snowden.
The intermediary told Mr. Snowden Friday night that the government could not predict what Hong Kong’s independent judiciary would do, but that serving jail time while awaiting trial was a possibility. The intermediary also said that the Hong Kong government would welcome Mr. Snowden’s departure, Mr. Ho and the person who insisted on anonymity said. Both declined to identify the intermediary. The intermediary told Mr. Snowden on Friday night that the government could not predict what Hong Kong’s independent judiciary would do, but that serving jail time while awaiting trial was a possibility. The intermediary also said that the Hong Kong government would welcome Mr. Snowden’s departure, Mr. Ho and the person who insisted on anonymity said. Both declined to identify the intermediary.
The Hong Kong government said that it would not interfere with Mr. Snowden’s departure. Mr. Snowden went through the same security and immigration channels as most passengers at the airport, rather than a special channel usually used for people involved in highly political cases — a sign that the Hong Kong government wanted to minimize its involvement in Mr. Snowden’s departure, Mr. Ho said.
But, Mr. Ho said, Mr. Snowden went through the same security and immigration channels as most passengers at the airport, rather than a special channel usually used for people involved in highly political cases — a sign that the Hong Kong government wanted to minimize its involvement in Mr. Snowden’s departure. At the same time, the Hong Kong government’s encouragement for Mr. Snowden to leave had convinced him that staying was risky because the Hong Kong government might not be on his side. “He would not like to fight with the Hong Kong government, with the Chinese government and the U.S. government” against him, Mr. Ho said.
At the same time, the Hong Kong government’s encouragement for Mr. Snowden to leave, instead of a suggestion that he stay and fight any return to the United States, had persuaded him that staying was risky because the Hong Kong government might not be on his side. “He would not like to fight with the Hong Kong government, with the Chinese government and the U.S. government” against him, Mr. Ho said. Mr. Ho said that the disclosure late Friday evening of a sealed indictment against Mr. Snowden in the United States had prompted his client to become considerably more anxious about staying in Hong Kong.
Mr. Ho said that the disclosure late Friday evening of a sealed indictment against Mr. Snowden in the United States had prompted his client to become considerably more anxious about staying in Hong Kong, and the prospect of spending years in courtrooms or possibly jail as well. “He wanted a simple life,” Mr. Ho said. Mr. Ho said that if the Hong Kong government had not assured Mr. Snowden of safe passage to the airport and exit from the territory, his client intended to seek the advice of Stephen Young, the United States consul general here, whom Mr. Ho knows socially. But the Hong Kong government’s assurance of safe passage meant that this plan was never discussed in depth, Mr. Ho added.
Mr. Ho said that if the Hong Kong government had not assured Mr. Snowden of safe passage to the airport and exit from the territory, his client intended to seek the advice of Stephen Young, the United States consul general here, whom Mr. Ho knows socially. But there was no clear plan on what to seek from Mr. Young, and the Hong Kong government’s assurance of safe passage meant that this plan was never discussed in depth, Mr. Ho added. Obama administration officials expressed annoyance on Sunday that Hong Kong let Mr. Snowden get away. But the person with knowledge of the Hong Kong government’s deliberations said that there was considerable annoyance in Hong Kong about Washington’s handling of the case.
Obama administration officials expressed profound annoyance on Sunday that Hong Kong let Mr. Snowden get away. But the person knowledgeable about the Hong Kong government’s deliberations said that there was considerable annoyance in Hong Kong about Washington’s handling of the case. Mr. Ho said that Mr. Snowden had not been working for any government other than the United States. “He believed he was doing the right thing, serving the people,” Mr. Ho said, later adding, “Certainly he is not a spy for anybody — Russia, China.”
Mr. Ho said that Mr. Snowden has not been working for any government other than his previous service for the United States. “He believed he was doing the right thing, serving the people,” Mr. Ho said, later adding, “Certainly he is not a spy for anybody – Russia, China.” Mr. Snowden said in an interview published Monday by The South China Morning Post that he took a job as a contractor for Booz Allen Hamilton in order to gain access to N.S.A. surveillance programs.
The Hong Kong government stalled for time by telling the United States on Friday that it wanted more information to support the American request for Mr. Snowden’s detention. Obama administration officials complained on Sunday that they were still working to provide Hong Kong with the information when Mr. Snowden was allowed to leave. “My position with Booz Allen Hamilton granted me access to lists of machines all over the world the N.S.A. hacked,” he said on June 12. “That is why I accepted that position about three months ago.”
But the person familiar with Hong Kong’s deliberations pointed out that when Hong Kong made its request on Friday, it was still Thursday night in Washington. So the United States could in theory have sent more information by Saturday morning in Hong Kong, which would have required further review by the Hong Kong government. But the information was not immediately sent by the United States, the person said. Mr. Snowden, who just turned 30, came to Hong Kong from Honolulu without a well-thought-out plan, while overestimating how free he would be to move around Hong Kong after his disclosures and underestimating the public attention he would receive, Mr. Ho added.
The Hong Kong and Chinese governments consulted very closely throughout Mr. Snowden’s stay. But Beijing allowed Hong Kong officials to make their own decisions and then vetted them, instead of dictating decisions to Hong Kong, the person with knowledge of the deliberations said, adding that one of these decisions had been to let Mr. Snowden leave. “I really think he’s a kid, I think he never anticipated this would be such a big matter in Hong Kong,” Mr. Ho said.
Mr. Snowden, who has just turned 30, comes across as intelligent, analytical and quick-witted, Mr. Ho said. But he also came to Hong Kong from Honolulu without a well-thought-out plan, while overestimating how free he would be to move around Hong Kong after his disclosures and underestimating the public attention he would receive, Mr. Ho added. When Mr. Snowden came to Hong Kong from Hawaii in late May, he looked up an individual whom he had met on a previous vacation here. That individual, whom Mr. Ho declined to identify but described as a well-connected Hong Kong resident, became Mr. Snowden’s “carer.” Mr. Snowden accepted an invitation to stay in the home of one of individual’s friends when he checked out of the Mira Hotel on June 10, and the individual put him in touch with two local lawyers.
“He’s a kid, I really think he’s a kid, I think he never anticipated this would be such a big matter in Hong Kong,” Mr. Ho said, adding that, “He enjoys Pepsi, he prefers Pepsi to wine, that’s why I say he’s a kid.” One is Robert Tibbo, a barrister who specializes on human rights and refugee law, and Jonathan Man, an associate at Ho Tse Wai, Philip Li & Partners, one of Hong Kong’s best-known law firms.
Mr. Ho presented an image of Mr. Snowden that differed in some respects from the public image that he presented in a video released by The Guardian, a British newspaper, when Mr. Snowden first stepped forward to take responsibility for leaks of classified information about American surveillance programs. Mr. Ho, a senior partner at that firm, said that he met Mr. Snowden for the first time on the evening of the pizza dinner.
In the video, assembled over a period of days from various remarks made by Mr. Snowden, he appeared to have devised a clear plan of action together with a willingness to defy the United States. Mr. Snowden said little until they had arrived at a home, took Mr. Man aside and told him that “all the phones should be put in the refrigerator, the entire phones, and then he became very outspoken,” Mr. Ho said.
But Mr. Ho described his client as someone with a vague sense of his legal options and a limited understanding, at least until the dinner over pizza last Tuesday, of his legal rights in Hong Kong. During the dinner, Mr. Ho said, “he came to a full grasp of the situation and better understanding of the reality.” When Mr. Snowden went to the airport, he had a plan to reach a country where he believed he could obtain asylum, partly from discussions with Sarah Harrison, a WikiLeaks adviser who had come to Hong Kong and begun assisting Mr. Snowden, Mr. Ho said. As for Mr. Snowden’s final intended destination, Mr. Ho said it was almost certainly not Iceland or Cuba and that Mr. Snowden intended only to pass in transit through Moscow. He refused to discuss whether his destination was Ecuador.
Mr. Snowden strongly disliked the possibility that he might be held without bail in prison without access to a computer for long periods of time punctuated by numerous court appearances, Mr. Ho said, adding that “he was a loner, he didn’t have much support until people like us” started giving legal advice.
When Mr. Snowden came to Hong Kong from Hawaii in late May, he looked up an individual whom he had met on a previous vacation here. That individual, whom Mr. Ho declined to identify by name but described as a well-connected Hong Kong resident, became Mr. Snowden’s “carer.” Mr. Snowden accepted an invitation to stay in the home of one of individual’s friends when he checked out of the Mira Hotel on June 10, and the individual put him in touch with two local lawyers.
One is Robert Tibbo, a barrister who studied chemical engineering at McGill University in Canada and later decided to become a lawyer. The other is Jonathan Man, an associate at Ho Tse Wai, Philip Li & Partners. It is one of Hong Kong’s best-known law firms, where Mr. Ho is the senior partner.
Mr. Ho said that he then met Mr. Snowden for the first time on the evening of the pizza dinner last Tuesday. Mr. Snowden wore a cap and sunglasses and came with a friend in a car that picked up Mr. Ho, Mr. Man and Mr. Tibbo.
Mr. Snowden said little until they had arrived at the friend’s home, when he took Mr. Man aside, Mr. Ho said. “He whispered to Jonathan, all the phones should be put in the refrigerator, the entire phones, and then he became very outspoken,” Mr. Ho said.
To prove that Ho, Tse, Wai & Partners was representing Mr. Snowden, Mr. Ho showed a sheet of paper that appeared to have been signed by Mr. Snowden, complete with his United States passport number and an agreement, dated June 10, that Mr. Man and Mr. Ho would represent him. There was no countersignature from the law firm on the document. Mr. Ho said that Mr. Man did not like to speak to the media and was not available for comment.
When Mr. Snowden went to the airport, he had a clear plan to reach another jurisdiction where he believed he could obtain asylum, partly from discussions with Sarah Harrison, a WikiLeaks activist who had come to Hong Kong and begun advising Mr. Snowden, Mr. Ho said. He declined to identify Mr. Snowden’s final intended destination except to say that it was almost certainly not Iceland or Cuba and that Mr. Snowden intended only to pass in transit through Moscow’s airport. He refused to discuss whether his destination was Ecuador.