The Hong Kong Special Administrative Region Government had no legal basis to ask the courts to issue an arrest warrant, nor to stop whistleblower Edward Snowden from leaving Hong Kong, Hong Kong Secretary for Justice Rimsky Yuen said on Tuesday, according to News.gov.hk.

Yuen refuted claims that the Hong Kong Government had deliberately delayed or hindered the extradition procedures in relation to Edward Snowden.

He explained to the media that in order to issue a provisional warrant of arrest, the alleged offences would have to satisfy the dual criminality requirement under Hong Kong's law.

In regard to Snowden's departure, the Hong Kong Government has acted in full accordance with both the Fugitive Offenders Ordinance and the extradition treaty signed with the U.S. in 1996, Yuen continued.

Hong Kong's Department of Justice wrote to the U.S. Department of Justice on June 20 and 21, seeking clarification of certain legal and evidential matters, including Snowden's full name and passport number, details on the charges, and what evidence would be relied on for his prosecution.

Without theis requested information, the department was unable to determine whether the charges fell within the scope of the extradition agreement, said Mr Yuen.

Hong Kong also sought clarification on whether U.S. government agencies have hacked into Hong Kong computer systems as reported in the media, since this will affect the department's consideration of whether the allegations against Snowden are of a political nature, he said.

As the U.S. authorities have not replied to the requests made by the Hong Kong Government to obtain further information and clarification over the Snowden case, Hong Kong had no legal basis to impede Snowden's departure, Yuen stated.

When asked whether the Hong Kong Government had asked for the Chinese Central Government's opinion in handling the matter, Yuen said communication with the PRC Ministry of Foreign Affairs office in Hong Kong had been maintained, but any legal decisions are made by the Hong Kong Department of Justice in strict accordance with the law.

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