Anti NSL

itItaly

China has just given itself jurisdiction in Italy over its Italian critics.

Will the Italian government defend you?

Jump ahead: What can I do?

On 30 June 2020, the Chinese government forced through a so-called national security law through its Hong Kong puppet government. Among others, its provisions contained vague and broad wordings including "provoking hatred", which is Chinese statespeak for anything that the regime doesn't like.

Art. 29 a person who requests ... or conspires with a foreign country or an institution, organisation or individual ... [in] imposing sanctions or blockage, or engaging in other hostile activities ... or provoking ... hatred ... [against the Hong Kong or Chinese governments].

What's more, Beijing has given itself jurisdiction in Italy, even extending to non-Chinese and non-Hongkongers. That includes Italians.

Art. 38 This Law shall apply to offences ... committed ... outside [Hong Kong] by a person who is not a [Hongkonger].

Beijing will request information from the Italian government.

Art. 43(5) requiring ... foreign country ... to provide information

And the law will be run by some secret Chinese state committee, away from Italian eyes.

Art. 14 No institution, organisation or individual ... shall interfere with the work of the Committee. Information ... shall not be subject to disclosure. Decisions ... shall not be amenable to judicial review.

Art. 41 When circumstances arise ... all or part of the trial shall be closed to the media and the public

You may download the English full text of the so-called national security law for further research. The text was published by China's state media. The original text is was published by the Hong Kong government.

But that's not Italian law?

Italy has legal assistance agreement with Hong Kong.

Italy has extradition agreement and legal assistance agreement with China.

Unfortunately this is Italian law.

The Italian government may hand you over, along with your data, to China upon request.

Legal Assistance Agreement with Hong Kong

The following legal assistance agreement between the Italian government and the Hong Kong government was signed in 1998. It is currently In effect.

中華人民共和國香港特別行政區政府與意大利共和國政府關於刑事事宜相互司法協助的協定Agreement between the Government of the Hong Kong Special Administrative Region of the People’s Republic of China and the Government of the Italian Republic Concerning Mutual Legal Assistance in Criminal MattersAccordo tra il Governo della Repubblica italiana ed il Governo della regione amministrativa speciale di Hong Kong della Repubblica popolare cinese concernente la mutua assistenza in materia penale

Signed on: 1998-10-28

Termination clause: immediate upon notice

Link: Hong Kong, Italy

Full text: Hong Kong, Italy

This allows the Italian government to accept requests from the Hong Kong government to hand over information related to a suspected case to Hong Kong.

Extradition Agreement with China

The following extradition agreement between the Italian government and the Chinese government was signed in 2010. It is currently In effect.

中華人民共和國和意大利共和國引渡條約Treaty on Extradition between the People's Republic of China and the Republic of ItalyTrattato di estradizione tra la Repubblica italiana e la Repubblica popolare cinese

Signed on: 2010-10-07

Termination clause: upon 180 days notice

Link: China, Italy

Full text: China

This allows the Italian government to accept requests from the Chinese government to hand over suspects to China.

Legal Assistance Agreement with China

The following legal assistance agreement between the Italian government and the Chinese government was signed in 2010. It is currently In effect.

中華人民共和國和意大利共和國政府關於刑事司法協助的條約Treaty between the Government of the People's Republic of China and the Government of the Italian Republic on Mutual Legal Assistance in Criminal MattersTrattato tra il Governo della Repubblica italiana ed il Governo della Repubblica popolare cinese, in materia di reciproca assistenza giudiziaria penale

Signed on: 2010-10-07

Termination clause: upon 180 days notice

Link: China, Italy

Full text: China

This allows the Italian government to accept requests from the Chinese government to hand over information related to a suspected case to China.

Legal Assistance Agreement with China

The following legal assistance agreement between the Italian government and the Chinese government was signed in 1991. It is currently In effect.

中華人民共和國和意大利共和國關於民事司法協助的條約Trattato tra la Repubblica italiana e la Repubblica popolare di Cina per l'assistenza giudiziaria in materia civile

Signed on: 1991-05-20

Termination clause: upon 6 months notice

Link: China, Italy

Full text: China

This allows the Italian government to accept requests from the Chinese government to hand over information related to a suspected case to China.

Safeguard clauses?

China has a history of fabricating criminal charges. The infamous "soliciting prostitution" charge is frequently employed on dissidents. Furthermore, Torture is employed by law enforcement officers. Beijing exerts political pressure on foreign governments in extradition matters.

While there are safeguard clauses guarding against abuse and political crimes, it essentially comes down to whether the Italian government believes in China's case or not. This is, of course, subject to political pressure from China. Even in best case scenario, “unlikely” is insufficient reassurance for Italians and Hongkongers alike.

No Italian should be sacrificed for economic, trade, or other interests with China.

What can I do?

Will you trust the Italian government to defend your freedoms and rights?

Or will your government sacrifice you for the next trade deal with China?

General public

  • Tweet or write to your local politician, scholar, or expert for opinion and policy changes
  • Invite media to report on this grave issue
  • Form or invite your local concern groups to join in the initiative
  • Invite your local politicians, activists, or organizations to sign the global joint Statement
  • Use our Extradition risk world map to plan your travels

Politicians, activists, and groups who have joined in previous efforts may be more inclined to help you:

Politicians and legislators

Urgent policy and legislative changes are needed to protect Italians from China. No matter how lucrative China deals are, no Italian may be sacrificed as a bargaining chip. Italian laws should always defend its people and guarantee freedoms of opinion and expression from undue Chinese influence. There must not be any mechanism for Beijing to implement draconian laws on Italian land, on any Italian citizen.

  • Declare both China and Hong Kong governments to be violating "One Country, Two Systems" and international obligations. This was the foundation upon which Italy builds its relationship with Hong Kong, separately from China; but the so-called national security law was passed by China legislature and promulgated by Hong Kong. Ref: acts by the United States, the United Kingdom and Canada, Australia, along with other international actors.
  • Terminate or suspend the extradition agreement and the legal assistance agreement.
  • Amend Italian legislation to include provisions against any current or future extradition or legal assistance agreements with Hong Kong and China. This is essential to protect Italians from China during the 180 days / 6 months period before termination takes effect.
  • Issue travel warnings against Hong Kong and China, for the threat of so-called national security law being used against travellers.
  • Join and sign our global joint Statement

Media

Italians have a right to know that there exists a mechanism in Italian law that exposes Italians to being imminently targetted by China through its self-declared global jurisdiction under the so-called national security law.

  • Investigate and report on the so-called national security law issue in Hong Kong.
  • Investigate and report on the extradition agreement and legal assistance agreement.

Scholars and academia

The so-called national security law opens up important questions on international politics and legal scholarship. Research and reports that may be helpful:

  • Validity and abuse of extraterritorial jurisdiction, centred around Art. 38
  • International law and abuse of the cross-jurisdiction mutual assistance agreements
  • Status and viability of the "One Country, Two Systems" framework
  • Hong Kong as a case of systematic failed and hostile government

Say NO to China extradition.