Malaysia
China has just given itself jurisdiction in Malaysia over its Malaysian critics.
Will the Malaysian 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 Malaysia, even extending to non-Chinese and non-Hongkongers. That includes Malaysians.
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 Malaysian government.
Art. 43(5) requiring ... foreign country ... to provide information
And the law will be run by some secret Chinese state committee, away from Malaysian 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 Malaysian law?
Malaysia has extradition agreement and legal assistance agreement with Hong Kong.
Malaysia has legal assistance agreement with China.
Unfortunately this is Malaysian law.
The Malaysian government may hand you over, along with your data, to China upon request.
Extradition Agreement with Hong Kong
The following extradition agreement between the Malaysian government and the Hong Kong government was signed in 1995. It is currently In effect.
香港政府和馬來西亞政府的移交逃犯協定Agreement between the Government of Hong Kong and the Government of Malaysia for the Surrender of Fugitive Offenders
Signed on: 1995-01-11
Termination clause: upon 6 months notice
Full text: Hong Kong
This allows the Malaysian government to accept requests from the Hong Kong government to hand over suspects to Hong Kong.
Legal Assistance Agreement with Hong Kong
The following legal assistance agreement between the Malaysian government and the Hong Kong government was signed in 2006. It is currently In effect.
中華人民共和國香港特別行政區政府與馬來西亞政府關於刑事事宜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 Malaysia Concerning Mutual Legal Assistance in Criminal Matters
Signed on: 2006-10-17
Termination clause: upon 6 months notice
This allows the Malaysian government to accept requests from the Hong Kong government to hand over information related to a suspected case to Hong Kong.
Legal Assistance Agreement with China
The following legal assistance agreement between the Malaysian government and the Chinese government was signed in 2015. It is currently In effect.
中華人民共和國和馬來西亞政府關於刑事司法協助的條約Treaty between the Government of Malaysia and the Government of the People's Republic of China on Mutual Legal Assistance in Criminal MattersTriti Antara Kerajaan Malaysia Dengan Kerajaan Republik Rakyat China Mengenai Bantuan Bersama Undang-undang Dalam Perkara Jenayah
Signed on: 2015-11-23
Termination clause: upon 180 days notice
Link: China
Full text: China
This allows the Malaysian 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 Malaysian 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 Malaysians and Hongkongers alike.
No Malaysian should be sacrificed for economic, trade, or other interests with China.
What can I do?
Will you trust the Malaysian 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:
- Chris Patten-led global joint Statement
- our global joint Statement
- the Inter-Parliamentary Alliance on China (IPAC)
Politicians and legislators
Urgent policy and legislative changes are needed to protect Malaysians from China. No matter how lucrative China deals are, no Malaysian may be sacrificed as a bargaining chip. Malaysian 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 Malaysian land, on any Malaysian citizen.
- Declare both China and Hong Kong governments to be violating "One Country, Two Systems" and international obligations. This was the foundation upon which Malaysia 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 Malaysian legislation to include provisions against any current or future extradition or legal assistance agreements with Hong Kong and China. This is essential to protect Malaysians from China during the 6 months / 180 days 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
Malaysians have a right to know that there exists a mechanism in Malaysian law that exposes Malaysians 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.