Anti NSL

kwKuwait

China has just given itself jurisdiction in Kuwait over its Kuwaiti critics.

Will the Kuwaiti 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 Kuwait, even extending to non-Chinese and non-Hongkongers. That includes Kuwaitis.

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 Kuwaiti government.

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

And the law will be run by some secret Chinese state committee, away from Kuwaiti 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 Kuwaiti law?

Kuwait has legal assistance agreement with China.

Unfortunately this is Kuwaiti law.

The Kuwaiti government may hand over your data to China upon request.

Legal Assistance Agreement with China

The following legal assistance agreement between the Kuwaiti government and the Chinese government was signed in 2007. It is currently In effect.

中華人民共和國和科威特國關於民事和商事司法協助的協定Agreement between the State of Kuwait and the People's Republic of China on Judicial Assistance in Civil and Commercial Mattersاتفاقية بين دولة الكويت وجمهورية الصين الشعبية للمساعدة القضائية في المسائل المدنية والتجارية

Signed on: 2007-06-18

Termination clause: upon 1 year notice

Link: China, Kuwait

Full text: China

This allows the Kuwaiti 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 Kuwaiti 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 Kuwaitis and Hongkongers alike.

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

What can I do?

Will you trust the Kuwaiti 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 Kuwaitis from China. No matter how lucrative China deals are, no Kuwaiti may be sacrificed as a bargaining chip. Kuwaiti 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 Kuwaiti land, on any Kuwaiti citizen.

  • Declare both China and Hong Kong governments to be violating "One Country, Two Systems" and international obligations. This was the foundation upon which Kuwait 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 legal assistance agreement.
  • Amend Kuwaiti legislation to include provisions against any current or future extradition or legal assistance agreements with Hong Kong and China. This is essential to protect Kuwaitis from China during the 1 year 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

Kuwaitis have a right to know that there exists a mechanism in Kuwaiti law that exposes Kuwaitis 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 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.