CHINA has recently issued judicial guidelines regarding the criminal punishment for diehard “Taiwan independence” separatists. The guidelines, jointly issued on June 21st by the Supreme People’s Court, the Supreme People’s Procuratorate and the ministries of public security, state security and justice, will take effect upon release. The document, based on the Anti-Secession Law, the Criminal Law and the Criminal Procedure Law, contains 22 articles and provides more specific rules concerning conviction and sentencing in the crimes of splitting or inciting separatism, as well as relevant procedures, serving as guidance for the judiciary in handling pertinent cases. The guidelines primarily impose criminal responsibility on diehard separatists who engage in acts related to “de jure independence” or seek independence with foreign support or by force.
The new rules elaborate that those colluding with foreign entities in committing such crimes could even face a trial-in-absentia in applicable cases while harsher punishment including the death punishment could be meted out to culprits found guilty. The guidelines aim to balance clemency and severity, allowing for case dismissal or exemption from prosecution if separatists abandon their stance or mitigate harm. In order to meet the demands of justice, the new measures stress that relevant proceedings must follow due process while respecting the suspects’ litigation rights.
It is imperative to grasp the historical context of Taiwan independence, pivotal in its relationship with mainland China. After World War II ended in 1945 and Japan’s occupation of most of mainland China and Taiwan since 1937, hopes for China’s independence were high. However, the Nationalist Kuomintang Party (KMT) under Chiang Kai-shek, supported by the West and wary of the Communist Party of China (CPC), prevailed. This led to a bitter civil war, ultimately won by the better-equipped CPC. Chiang Kai-shek fled to Taiwan in 1949, establishing the Republic of China (ROC) there, while the CPC founded the People’s Republic of China (PRC) on the mainland, shifting international alliances and perspectives on Taiwan’s status.
PRC became a pariah state and the west-imposed embargoes on it depriving the 540 million residents of PRC basic amenities even during famines and other calamities while ROC comprising a population of 7.5 million only even enjoyed permanent membership of the UN Security Council. This gross injustice prevailed for a quarter of a century but due to its diplomatic efforts and support of a few friends including Pakistan, PRC regained its genuine status. Beijing regards Taiwan as a renegade province and aims for eventual “unification” with the mainland. PRC asserts the “One China” principle, considering itself the sole legitimate government. It claims that Taiwan is bound by the 1992 Consensus, while the US and most other western nations recognized this status when they established diplomatic ties with the PRC. With China’s economic and military rise, the west tries to prop up Taiwan to create tensions for Beijing and destabilize the PRC.
So far China has made no attempt to forcibly absorb Taiwan, instead it believes that through dialogue and negotiations, the reunification can succeed smoothly but western propaganda would have the world believe otherwise. In this milieu, Taiwan remains a potential flashpoint in U.S.-China relations, especially with the prevalent trade wars between the US and PRC. With this background in mind, it is not surprising that Chen Binhua, spokesperson for the Taiwan Affairs Office of China’s State Council, emphasized that many countries worldwide commonly employ criminal justice measures to penalize individuals involved in secession and to protect the state’s core interests. The recently released guidelines specifically target a small group of staunch secessionists or those who incite secession, rather than the majority of Taiwan compatriots. Chen made this clarification during a press conference.
Highlighting “Taiwan independence” as the primary threat to the well-being of Taiwan’s people, he asserted that only by rigorously punishing secessionist acts can Taiwan’s compatriots benefit from peaceful development across the Taiwan Strait and maintain a stable life. Chen advised diehard “Taiwan independence” proponents to recognize the situation promptly and correct their course accordingly. On the other hand, Taiwan has expressed deep regret over China’s recent guidelines for punishing ‘Taiwan independence’ separatists. The fact that the guidelines allow for the death penalty in extreme cases has raised concerns in Taipei. Taiwan’s Mainland Affairs Council emphasizes that China lacks jurisdiction over Taiwan and its laws and norms do not bind the Taiwanese people. Public opinion in Taiwan suggests that these guidelines may help prevent further escalation in the Taiwan Strait.
Interestingly, as of the present moment, there hasn’t been any explicit international response documented regarding China’s recent release of guidelines for imposing criminal penalties on “Taiwan independence” separatists. However, it’s worth noting that this development is likely being closely observed by various countries and international organizations, particularly those with vested interests in the region. Diplomatic reactions and official statements may surface in the days or weeks ahead. Cognizance must be given to the fact that the guidelines came against a backdrop of escalating tensions across the Strait triggered by repeated separatist attempts made by those advocating “Taiwan independence,” particularly since the island’s new leader Lai Ching-te, who holds a stubborn separatist stance, took office in May 2024. This judicial document serves as a blow to Lai and his fellow separatists.
While stern against separatists, the guidelines distinguish between a few stubborn individuals and the broader Taiwanese population. It aims to address misunderstandings arising from the “Taiwan independence” ideology and cross-Strait political differences.” The overarching goal is to safeguard national sovereignty, unity and territorial integrity. For the last 75 years, China has managed to regain control of Hong Kong and Macau but the reunification of Taiwan remains an unfinished goal. A peaceful and prosperous future for people on both sides of the Strait hangs on a strong and reunified nation which should be achieved peacefully.
—The writer, Retired Group Captain of PAF, is author of several books on China.
