New PRC Guidance for Criminalizing Taiwan Separatists
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In summer 2024, China released more severe punishments for “crimes of secession” by Taiwanese separatists. The updated guidelines:
- Allow in absentia trials with no statute of limitations, which may impact a convicted individual from traveling to or through any country with an extradition treaty with the PRC.
- Threaten the death penalty for “crimes” considered “especially serious or … ‘vile’.”
- Deter collaboration with “foreign or overseas institutions, organizations or individuals” by noting that such individuals “shall be punished more severely.”
- Aim to deter foreign governments from meeting with Taiwanese officials or advocating for Taiwan’s participation in international affairs.
Prior to these updates, Taiwan already raised its alert levels for Taiwanese nationals traveling to China, citing recent cases of arbitrary arrests, detention, and interrogations.
Media Highlight: “Notice of the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice on the Issuance of “Opinions on Punishing “Taiwan Independence” Diehards for Crimes of Separatism and Inciting Separatism in Accordance with the Law””
LINK: exoINSIGHT
On June 21, the Xinhua News Agency (新华社), the official state news agency of the PRC, released new guidelines on punishing “Taiwan independence diehards” (台独顽固分子). The Opinions expand the Anti-Secession Law (反分裂国家法), Criminal Law (刑法), and Criminal Procedure Law (刑事诉讼法). The crimes outlined in the most detailed section of the Opinions, Article II, are translated below:
“Anyone who organizes, plans, or conducts any of the following acts for the purpose of separating Taiwan from China shall be convicted of the crime of separatism per Article 103, Paragraph 1 of the Criminal Law:
Initiating or establishing a “Taiwan independence” separatist organization; planning or formulating a “Taiwan independence” separatist movement, plan, or scheme; or directing members of a “Taiwan independence” separatist organization or other personnel to carry out activities that divide the country or undermine national unity;
Attempting to change the legal status of Taiwan as a part of China by formulating, amending, interpreting, or abolishing regulations related to the Taiwan region or by means of “referendum”;
Attempting to create “two Chinas,” “one China, one Taiwan,” or “Taiwan independence” in the international community by promoting that Taiwan join international organizations limited to sovereign states or by conducting official exchanges or military contacts with foreign countries;
Using one’s authority to distort or misrepresent the reality that Taiwan is a part of China in the fields of education, culture, history, news media, etc., or to suppress political parties, groups, or individuals that support the peaceful development of cross-strait relations and national unity;
Other acts that attempt to separate Taiwan from China.”
The Opinions also include the following on punishments for such activities:
“The ringleaders of these crimes or those who commit serious crimes shall be sentenced to life imprisonment or fixed-term imprisonment of ten years or more. Those who cause serious harm to the state may be sentenced to death. Anyone who colludes with foreign or overseas institutions, organizations, or individuals to commit these acts will be punished more severely.”
One day after the Opinions were released by Xinhua, they were posted by the People’s Daily Online (人民网)in traditional characters, which are used in Taiwan and not mainland China, suggesting the guidelines are targeted at both Chinese and Taiwanese audiences. Less than a week later, Taiwan’s Mainland Affairs Council raised its travel warning for the PRC and urged the public to avoid unnecessary travel to the mainland, Hong Kong, and Macau, as well as any place with extradition agreements with the PRC.
Exovera Commentary:
The June 2024 Opinions are the PRC’s first official legal guidelines directing the adjudication of already established crimes for supporting Taiwan’s independence. PRC laws already criminalize “establishing a ‘Taiwan independence’ separatist organization,” “promoting that Taiwan join international organizations,” and deviating from the Chinese narrative surrounding Taiwan “in the fields of education, culture, history, news media, etc.” For example, the 2005 Anti-Secession Law emphasized that Taiwan is a part of China and warned “Taiwan independence diehards” that the PRC “will take all necessary measures to resolutely crush the “Taiwan independence” separatist plot and resolutely defend national sovereignty and territorial integrity.”
The Opinions are likely a response to Taiwan’s new democratic president, Lai Ching-te (赖清德), assuming office one month prior to their release. A commentary on Xinhua reported, “In the month since Lai Ching-te came to power, he has stubbornly adhered to the separatist position of ‘Taiwan independence.’” The PRC denounced Lai’s inauguration speech, saying he promoted “Taiwan independence” by emphasizing Taiwan’s “democratic achievements” and “international status.”
The release of the Opinions also directly followed a meeting in Taipei between two U.S. deputy assistant secretaries and representatives from 23 nations and the European Union, including Taiwan’s 12 diplomatic allies, as well as Australia, Belgium, Canada, the Czech Republic, Finland, France, Japan, Luxembourg, New Zealand, Poland, and the UK. The June 2024 Opinions may now make these meetings and exchanges criminal under Chinese law for expanding Taiwan’s international presence by conducting official exchanges with foreign countries. Going forward, the Opinions aim to deter foreign governments from meeting with Taiwanese officials or advocating for Taiwan’s participation in international affairs.
