Additionally, suppose they ask China for extradition and China offers protection in exchange for information. Then Snowden has several useful options. He could suggest that the US back off so he doesn't have to make a decision. He could give in to the Chinese. He could turn himself in and issue a public statement that if the only way he could stay in Hongkong was to sell out his country he would rather face jail.
Even the third option (turning himself in) would be very possibly something that would work in his defence. That is hard to spin against him, "He's so patriotic he'd rather go to jail than sell out his country."
It's like someone being accused of murder and trying to seek asylum in another country (I'm not saying that what he did is identical to murder, just pointing out what "criminal" means here).
The concept of murder may not be as obvious as you think. If an American murder fled to Norway, he will likely not get asylum, but Norwegian authorities can't extradict him to the US, because they are not allowed to do that when there is a possibility of capital penalty. The same is the case for many other European nations.
When requesting asylum, the requester makes the claim that the charges (of whatever kind) are politically motivated - which may or may not stick in snowden's case. I have no knowledge of the history of extraditions in such matters.
He's also rolling the dice in a major way. Although the asylum laws are sort of up in the air in Hong Kong right now, they could just decide to detain him and put him in jail during the process. Worse still, since China has sovereignty, they could ship him back to China and use him as trade bait with the US.
But there is at least one reason it could be incredibly shrewd: Hong Kong's asylum system is currently stuck in a state of limbo that could allow Snowden to exploit a loophole and buy some valuable time.
Simon Young, director of the Centre for Comparative and Public Law at the University of Hong Kong, told GlobalPost that a decision delivered by Hong Kong's High Court in March of this year required the government to create a new procedure for reviewing asylum applications.
Until the government does this, he said, asylum seekers are allowed to stay in Hong Kong indefinitely.
http://www.globalpost.com/dispatch/news/regions/asia-pacific...