Anti NSL

mnMongolia

China has just given itself jurisdiction in Mongolia over its Mongolian critics.

Will the Mongolian 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 Mongolia, even extending to non-Chinese and non-Hongkongers. That includes Mongols.

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 Mongolian government.

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

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

Mongolia has legal assistance agreement with Hong Kong.

Mongolia has extradition agreement and legal assistance agreement with China.

Unfortunately this is Mongolian law.

The Mongolian 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 Mongolian government and the Hong Kong government was signed in 2018. It is currently In effect.

中華人民共和國香港特別行政區政府與蒙古國政府關於刑事事直相互法律協助的協定Agreement between the Government of the Hong Kong Special Administrative Region of the People's Republic of China and the Government of Mongolia on Mutual Legal Assistance in Criminal MattersЭрүүгийн хэргийн талаар эрх зүйн туслалцаа харилцан үзүүлэх тухай Монгол Улсын Засгийн газар, Бүгд Найрамдах Хятад Ард Улсын Засаг захиргааны онцгой бүс Хонконгийн Засгийн газар хоорондын хэлэлцээр

Signed on: 2018-03-26

Termination clause: upon 6 months notice

Link: Hong Kong, Mongolia

Full text: Hong Kong

This allows the Mongolian 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 Mongolian government and the Chinese government was signed in 1997. It is currently In effect.

中華人民共和國和蒙古國引渡條約Гэмт этгээдийг шилжүүлэн өгөх тухай монгол улс, бүгд найрамдах хятад ард улс хоорондын гэрээ

Signed on: 1997-08-19

Termination clause: upon 6 months notice

Link: China, Mongolia

Full text: China

This allows the Mongolian 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 Mongolian government and the Chinese government was signed in 1989. It is currently In effect.

中華人民共和國和蒙古人民共和國關於民事和刑事司法協助的條約Бүгд найрамдах монгол ард улс, бүгд найрамдах хятад ард улсын хооронд иргэний болон эрүүгийн хэргийн талаар эрх зүйн туслалцаа харилцан үзүүлэх тухай гэрээ

Signed on: 1989-08-31

Termination clause: upon 6 months notice

Link: China, Mongolia

Full text: China

This allows the Mongolian 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 Mongolian 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 Mongols and Hongkongers alike.

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

What can I do?

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

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

Mongols have a right to know that there exists a mechanism in Mongolian law that exposes Mongols 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.