Envoys’ letters over China’s laws ‘based on Western values’

By Li Ruohan Source:Global Times Published: 2016-3-2 0:48:08

Five ambassadors voice concerns over new legislation


Three new or planned laws, including one on counterterrorism, do not indicate a strategic shift in China's opening-up policy, and foreign nations should respect China's efforts to enforce the rule of law, analysts said after five ambassadors jointly voiced concerns over China's new legislation.

In a rare joint action, the ambassadors of the US, Canada, Germany and Japan wrote to China, with the EU ambassador also penning a separate letter, to express concern over three new or planned laws, including one on counterterrorism, one on cyber security and one on the management of NGOs, Reuters reported Tuesday, shortly before the start of China's two sessions, the annual meetings of China's top political advisory and legislative bodies.

The first letter was dated January 27 and addressed to State Councilor and Minister of Public Security Guo Shengkun. The ambassador of the European Union Delegation to China, Hans Dietmar Schweisgut, also sent a letter expressing similar concerns, dated January 28.

"We believe the new legislative measures have the potential to impede commerce, stifle innovation, and infringe on China's obligation to protect human rights in accordance with international law," Reuters quoted a letter, co-signed by the four ambassadors, as saying.

Western countries actually care more about whether the three laws represent a strategy shift of the government from opening-up to isolation, Jin Canrong, vice-director of the School of International Studies at the Renmin University of China, told the Global Times.

Opinions from foreign businesses have been heard during the legislative process of those laws, as China has noticed the connection of their interests to the law, Jin said.

He added that such concerns are normal as the Internet and NGOs were only introduced to China 30 years ago, and therefore enjoyed a high level of freedom before appropriate regulation was introduced. 

"China needs these laws due to changes in the international situation and domestic legislation environment as a responsible country with increasing global influence," Zhao Hongrui, dean of the School of Law of Harbin Institute of Technology told the Global Times.

Four ambassadors said some provisions of the counterterrorism law, which the National People's Congress passed in December, were vague and could create a "climate of uncertainty" among investors, Reuters reported. They did not specify which areas.

"To be fair, most of the international treaties and laws in other counties have not clearly defined terrorism," said Zhao.

On the draft cyber security law, all five ambassadors were particularly concerned over provisions requiring companies to store data locally and to provide encryption keys, which technology firms worried may impinge on privacy and mean they would have to pass on sensitive intellectual property to the government in the name of security, Reuters reported.

Both letters said the draft NGO management law had the potential to hinder academic exchanges and commercial activities, calling them "crucial elements" of their relationships with China.

Important move

"China's anti-terrorism law is an important move amid the complicated situation against terrorism worldwide," China's foreign ministry spokesman Hong Lei said Tuesday.

It is hoped that relevant countries can respect China's judicial sovereignty and view China's legislation activities positively and objectively, Hong added.

"China had diligently studied and taken reference from the laws and regulations of relevant countries as well as international common practices … Relevant regulations will not affect the lawful operations of enterprises, nor the legitimate rights and interests of citizens and organizations," Hong said.

The concerns show that those countries are interpreting and judging China's law with Western values, Yuan Zheng, an expert with the Institute of American Studies at the Chinese Academy of Social Sciences told the Global Times.

The joint action means these countries are pressuring China to compromise, said experts.

However, the concerns are groundless as many countries, including the US, have similar articles in their anti-terrorism legislation, which shows the double-standard held by Western countries on the issue, Li Wei, an anti-terrorism expert at the China Institute of Contemporary International Relations told the Global Times.

The passing of a law specifically addressing counter-terrorism is a timely and necessary move for China to crack down on surging violence that involves the infiltration of the members of the East Turkestan Islamic Movement into the country, An Weixing, head of the counter-terrorism bureau of the Ministry of Public Security said in December last year, Beijing-based Legal Daily newspaper reported.

Kou Jie contributed to this story


Newspaper headline: Envoys’ letters over China’s laws ‘based on West values’


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