The Anti-Secession Law () is a
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
of the
People's Republic of China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
, passed by the 3rd Session of the
10th National People's Congress
The 10th National People's Congress () was in session from 2003 to 2008. It held five plenary sessions in this period. There were 2,984 deputies to this Congress. It succeeded the 9th National People's Congress.
The 1st Session
The Congres ...
. It was ratified on March 14, 2005, and went into effect immediately.
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
Hu Jintao
Hu Jintao (born 21 December 1942) is a Chinese politician who served as the 16–17th general secretary of the Chinese Communist Party (CCP) from 2002 to 2012, the 6th president of the People's Republic of China (PRC) from 2003 to 2013, an ...
promulgated the law with Presidential Decree No. 34. Although the law, at ten articles, is relatively short, Article 8 formalized the long-standing policy of the PRC to use military means against
Taiwan independence
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
in the event peaceful means become otherwise impossible. The law does not explicitly equate "
China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
" with the People's Republic of China (referred to in the law as "the State").
The Anti-Secession Law is the only law passed by the National People's Congress that has neither the prefix "People's Republic of China" nor "Decision/Resolution of the Standing Committee of the National People's Congress."
Background
Taiwan
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
was formally
incorporated into the
Qing dynasty
The Qing dynasty ( ), officially the Great Qing,, was a Manchu-led imperial dynasty of China and the last orthodox dynasty in Chinese history. It emerged from the Later Jin dynasty founded by the Jianzhou Jurchens, a Tungusic-speak ...
in 1683. After the
First Sino-Japanese War
The First Sino-Japanese War (25 July 1894 – 17 April 1895) was a conflict between China and Japan primarily over influence in Korea. After more than six months of unbroken successes by Japanese land and naval forces and the loss of the po ...
, it was
ceded
The act of cession is the assignment of property to another entity. In international law it commonly refers to land transferred by treaty. Ballentine's Law Dictionary defines cession as "a surrender; a giving up; a relinquishment of jurisdictio ...
by the Qing to the
Empire of Japan
The also known as the Japanese Empire or Imperial Japan, was a historical nation-state and great power that existed from the Meiji Restoration in 1868 until the enactment of the post-World War II 1947 constitution and subsequent fo ...
in perpetuity in 1895. At the end of
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
, it was surrendered by Japan to the
Kuomintang
The Kuomintang (KMT), also referred to as the Guomindang (GMD), the Nationalist Party of China (NPC) or the Chinese Nationalist Party (CNP), is a major political party in the Republic of China, initially on the Chinese mainland and in Tai ...
(KMT)
administration
Administration may refer to:
Management of organizations
* Management, the act of directing people towards accomplishing a goal
** Administrative assistant, Administrative Assistant, traditionally known as a Secretary, or also known as an admini ...
of the
Republic of China
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
. After the establishment of the
People's Republic of China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
in 1949, Taiwan and some neighboring islands continued to be controlled by the
Republic of China
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
government. In 1952, the
Treaty of Taipei
The Sino-Japanese Peace Treaty (), formally the Treaty of Peace between the Republic of China and Japan () and commonly known as the Treaty of Taipei (), was a peace treaty between Japan and the Republic of China (ROC) signed in Taipei, Taiwan o ...
nullified all treaties, conventions and agreements previously concluded between China and Japan before December 9, 1941. Currently, the People's Republic of China (PRC) government considers
Taiwan
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
to be a
province of China
The provincial level administrative divisions () are the highest-level administrative divisions of China. There are 34 such divisions claimed by the People's Republic of China, classified as 23 provinces (), five autonomous regions of China, au ...
. According to the PRC, it is the sole legitimate government of China, and the government of the
Republic of China
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
ceased to hold sovereignty over China when it lost control of the Chinese mainland following the
Chinese Civil War
The Chinese Civil War was fought between the Kuomintang-led government of the Republic of China and forces of the Chinese Communist Party, continuing intermittently since 1 August 1927 until 7 December 1949 with a Communist victory on m ...
. It argues that the PRC assumed sovereignty over the entirety of China in 1949–1950, including Taiwan, although the latter remained under the administration of the Republic of China government.
The official Republic of China (ROC) view is that it did not cease to exist in 1949 and has continued to function as a sovereign political entity in Taiwan to the present day, making the relationship between the PRC and ROC similar to that between other partitioned states (such as
North Korea
North Korea, officially the Democratic People's Republic of Korea (DPRK), is a country in East Asia. It constitutes the northern half of the Korea, Korean Peninsula and shares borders with China and Russia to the north, at the Yalu River, Y ...
and
South Korea
South Korea, officially the Republic of Korea (ROK), is a country in East Asia, constituting the southern part of the Korea, Korean Peninsula and sharing a Korean Demilitarized Zone, land border with North Korea. Its western border is formed ...
). Official recognition by most international organizations (such at the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
and
World Health Organization
The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. The WHO Constitution states its main objective as "the attainment by all peoples of the highest possible level of h ...
) rests largely with the PRC. in 1992, the "
One-China policy
The term One China may refer to one of the following:
* The One China principle is the position held by the People's Republic of China (PRC) that there is only one sovereign state under the name China, with the PRC serving as the sole legit ...
" was agreed between the governments of both sides whereby each would assert that there was only 'one China' although disagreed about which side was the legitimate government of it. However, some advocates of
Taiwan independence
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
oppose both the PRC's and the ROC's claim to Taiwan and the
legality of the Chinese sovereignty over Taiwan.
Multiple opinion polls conducted in Taiwan have indicated that there is very little support for immediate unification on the PRC's terms or for an immediate declaration of independence.
[ Summary Results, Opinion Poll on Cross-Strait Relations, Mainland Affairs Council, Republic of China] Polls have also consistently shown that a large majority of Taiwanese would support discussion of
unification only if the economic and political systems of the two sides were comparable.
[ Fourth Major Opinion Poll on Mainland Policies, Mainland Affairs Council, Republic of China] A majority of Taiwan residents appear to support the "status quo" but there are different opinions in Taiwanese society, within the PRC, and within the international community, over what the status quo is. A full 74 percent of the Taiwanese public agree that "Taiwan is an independent sovereign country"
The re-election of
Chen Shui-bian
Chen Shui-bian (; born 12 October 1950) is a retired Taiwanese politician and lawyer who served as the president of the Republic of China (Taiwan) from 2000 to 2008. Chen was the first president from the Democratic Progressive Party (DPP) whic ...
to the ROC Presidency, led many to conclude that there has been an increase in Taiwan independence sentiment and that a new Taiwanese identity is emerging on the island which is opposed to identification with China. During the 2004 ROC Legislative Election, the strategy of the
pan-Green coalition
The pan-Green coalition, pan-Green force or pan-Green groups is a nationalist political coalition in Taiwan (Republic of China), consisting of the Democratic Progressive Party (DPP), Taiwan Statebuilding Party (TSP), Taiwan Solidarity Union (T ...
was to try to capitalize on this trend to win a majority in the Legislative Yuan of Taiwan. Among some Taiwanese Independence supporters, it is believed that a
pan-green
The pan-Green coalition, pan-Green force or pan-Green groups is a nationalist political coalition in Taiwan (Republic of China), consisting of the Democratic Progressive Party (DPP), Taiwan Statebuilding Party (TSP), Taiwan Solidarity Union (T ...
majority could force a crucial referendum for constitutional reform and, perhaps, to further move the island toward de jure independence. Many Taiwanese independence supporters, including former President
Lee Teng-Hui
Lee Teng-hui (; 15 January 192330 July 2020) was a Taiwanese statesman and economist who served as President of the Republic of China (Taiwan) under the 1947 Constitution and chairman of the Kuomintang (KMT) from 1988 to 2000. He was the fir ...
, argued that Taiwan should declare independence before 2008 on the theory that international pressure over the Beijing Olympics would prevent the PRC from using force against Taiwan.
These events in late 2004 caused a great deal of alarm in Beijing. Observers indicated that many in Beijing believed that its policies toward Taiwan had failed both because it did not have sufficient incentives to gain Taiwanese public support for unification and at the same time, it seemed that many in Taiwan did not take Beijing's stated threats of force seriously. The ROC government had defined the status quo in such a way that a de jure declaration of independence could be argued to not represent a change in the status quo. Some Chinese believe these events led to the formulation in 2003 and 2004 of the Anti-Secession Law.
In early 2004 a similar proposed law had been tabled. Titled the
National Unification Promotion Law of the People's Republic of China (), it was authored by a Chinese academic Yu Yuanzhou (余元洲), a professor from
Jianghan University
Jianghan University () is a university in Wuhan, Hubei, China. Its campus is 1.4 km², with an additional 0.5 km² under construction. It lies in the Wuhan Economy and Technology Development Zone by the Lake Sanjiao.
There are ten dis ...
in
Wuhan
Wuhan (, ; ; ) is the capital of Hubei, Hubei Province in the China, People's Republic of China. It is the largest city in Hubei and the most populous city in Central China, with a population of over eleven million, the List of cities in China ...
who did not hold any formal governmental position, as a suggestion to create a formal legal basis for the
People's Republic of China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
's unification with Taiwan. Although no formal legislative action was taken on the document, the heavy debate surrounding it, and the suggestion that some sort of anti-secession law would be passed, was viewed by many in Taiwan as evidence of hostile intent by the PRC government towards Taiwan independence supporters.
In the December 2004 ROC Legislative elections, although the ruling
DPP
DPP may stand for:
Business
*Digital Production Partnership, of UK public service broadcasters
* Direct Participation Program, a financial security
* Discounted payback period
Photography
* Digital Photo Professional, Canon software
Law en ...
party increased its share of votes in the legislature and remained the largest single party there, the
pan-blue coalition
The pan-Blue coalition, pan-Blue force or pan-Blue groups is a political coalition in the Republic of China (Taiwan) consisting of the Kuomintang (KMT), People First Party (PFP), New Party (CNP), Non-Partisan Solidarity Union (NPSU), and Young ...
gained a razor-thin majority, which surprised many. However, this result may have been less a reflection of popular sentiment than a testament to the effectiveness of the KMT's more frugal nomination of candidates (116) compared with the DPP's over-nomination of candidates (122) and the KMT's rigid party rules for allotment of votes to its candidates within individual districts. This election result ended most prospects of an immediate declaration of independence and also called into question whether there really had been an increase in Taiwanese independence sentiment. Despite this, the PRC proceeded with the drafting of the anti-secession law. The main reasons given to foreign interlocutors were that the PRC leadership believed that its Taiwan policy in the past had been reactive rather than proactive and that it was necessary for the PRC to show initiative. Furthermore, Beijing expressed a residual distrust of Chen Shui-bian. Many foreign experts have argued that the PRC's decision-making system was rigid and that plans put into place to deal with a pan-green victory had simply developed too much momentum to be shut down.
In announcing the drafting of the law in December 2004, the Head of the Legal Affairs Committee of the Standing Committee of the National People's Congress () mentioned explicitly that the law was not intended to be applied to
Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
and
Macau
Macau or Macao (; ; ; ), officially the Macao Special Administrative Region of the People's Republic of China (MSAR), is a city and special administrative region of China in the western Pearl River Delta by the South China Sea. With a pop ...
.
Content
The Law is composed of ten articles. Articles one to five are aspirational. Articles six to nine set out in general terms the procedures for promoting
cross-strait relations
Cross-Strait relations (sometimes called Mainland–Taiwan relations, or Taiwan-China relations) are the relations between China (officially the People's Republic of China) and Taiwan (officially the Republic of China).
The relationship ...
, negotiation, and resolution of the issue. Article ten sets the date of operation.
Article one states that the aim of the law is to prevent "Taiwan's secession from China" and promote
unification. Stabilizing the
Taiwan Straits
The Taiwan Strait is a -wide strait separating the island of Taiwan and continental Asia. The strait is part of the South China Sea and connects to the East China Sea to the north. The narrowest part is wide.
The Taiwan Strait is itself a s ...
area and protecting the interests of the
Zhonghua Minzu
''Zhonghua minzu'' (, ) is a political term in modern Chinese nationalism related to the concepts of nation-building, ethnicity, and race in the Chinese nationality.
''Zhonghua minzu'' was established during the early Beiyang (1912–1 ...
are also purposes of the law.
Articles two to four outline the PRC government's view of the present
political status of Taiwan
The controversy surrounding the political status of Taiwan or the Taiwan issue is a result of World War II, the second phase of the Chinese Civil War (1945–1949), and the Cold War.
The basic issue hinges on who the islands of Taiwan, Peng ...
. This view is that mainland China and Taiwan belong to one China, that there is only one China and that the
sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
of that one China is indivisible; the "Taiwan issue" is a residual problem of the Chinese Civil War and is an internal affair of China.
Article five maintains that the
one China principle
The term One China may refer to one of the following:
* The One China principle is the position held by the People's Republic of China (PRC) that there is only one sovereign state under the name China, with the PRC serving as the sole legit ...
is the basis for resolution of the issue and that the State must seek all possibilities of "peaceful reunification." The same section also states that, following "peaceful reunification," Taiwan will enjoy a high level of autonomy and operate under a system different from mainland China. Although this would appear to be similar to the "
one country, two systems
"One country, two systems" is a constitutional principle of the People's Republic of China (PRC) describing the governance of the special administrative regions of Hong Kong and Macau.
The constitutional principle was formulated in the early ...
" scheme, highly unpopular in Taiwan, it is not so named.
Article six deals with cross-strait relations. It states that in order to maintain peace and stability in the Taiwan straits and to foster cross-strait relations, the State should
#encourage people-to-people contact to foster closer relations and understanding
#encourage cross-strait economic exchanges
#encourage scientific and cultural exchanges
#joint efforts to fight crime and
#encourage efforts to maintain peace and stability in the Taiwan straits.
Article seven deals with cross-strait negotiation. It states that the State shall support negotiations and consultations on both sides of the straits with equal status, with different modalities, and in differing stages. The topics of such talks can include
#ending the states of hostilities across the straits
# developing rules for cross strait relations
# the means of promoting unification
# the political status of the Taiwanese authorities
#appropriate means by which Taiwan can participate in international organizations, and
# any other issues relating to unification.
Article eight deals with non-peaceful action, and is the article which has caused the most controversy and attention. It states that the State shall use non-peaceful and other necessary means under these alternative conditions:
#if "Taiwan independence" forces, under whatever name and method, accomplish the fact of Taiwan's separation from China,
#or if a major event occurs which would lead to Taiwan's separation from China,
#or if all possibility of peaceful unification is lost.
Article nine states that in the planning and implementation of "non-peaceful and other necessary actions", the State must, as much as possible, act to protect the persons and property of Taiwanese ''civilians'' and foreigners in Taiwan, and to minimise their losses. The State must also protect Taiwanese interests in the PRC.
Development
In December 2004, the PRC state news agency
Xinhua
Xinhua News Agency (English pronunciation: )J. C. Wells: Longman Pronunciation Dictionary, 3rd ed., for both British and American English, or New China News Agency, is the official state news agency of the People's Republic of China. Xinhua ...
reported that the
National People's Congress
The National People's Congress of the People's Republic of China (NPC; ), or simply the National People's Congress, is constitutionally the supreme state authority and the national legislature of the People's Republic of China.
With 2, ...
in its upcoming session would enact an 'anti-
secession
Secession is the withdrawal of a group from a larger entity, especially a political entity, but also from any organization, union or military alliance. Some of the most famous and significant secessions have been: the former Soviet republics le ...
law', without specifying further details.
In a rare moment of agreement, politicians in Taiwan from both the
Pan-green coalition
The pan-Green coalition, pan-Green force or pan-Green groups is a nationalist political coalition in Taiwan (Republic of China), consisting of the Democratic Progressive Party (DPP), Taiwan Statebuilding Party (TSP), Taiwan Solidarity Union (T ...
and
Pan-blue coalition
The pan-Blue coalition, pan-Blue force or pan-Blue groups is a political coalition in the Republic of China (Taiwan) consisting of the Kuomintang (KMT), People First Party (PFP), New Party (CNP), Non-Partisan Solidarity Union (NPSU), and Young ...
reacted negatively towards this development. Some politicians have proposed that the ROC enact an 'anti-annexation law' to counter the proposed PRC law. Various opinion polls have revealed that 80% of Taiwan residents oppose such an 'anti-secession law' and a majority agree that a defensive
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
should be held in the advance of such a law to protect the
status quo
is a Latin phrase meaning the existing state of affairs, particularly with regard to social, political, religious or military issues. In the sociological sense, the ''status quo'' refers to the current state of social structure and/or values. W ...
.
President
Chen Shui-bian
Chen Shui-bian (; born 12 October 1950) is a retired Taiwanese politician and lawyer who served as the president of the Republic of China (Taiwan) from 2000 to 2008. Chen was the first president from the Democratic Progressive Party (DPP) whic ...
commented on the 'anti-secession law' during his 2005 new year speech: "Such actions will not only unilaterally change the status quo of peace in the Taiwan Strait, but will also pose the greatest threat to regional stability and world peace." Whereas the PRC
Paramount leader
Paramount leader () is an informal term for the most important political figure in the People's Republic of China (PRC). The paramount leader typically controls the Chinese Communist Party (CCP) and the People's Liberation Army (PLA), often hol ...
Hu Jintao
Hu Jintao (born 21 December 1942) is a Chinese politician who served as the 16–17th general secretary of the Chinese Communist Party (CCP) from 2002 to 2012, the 6th president of the People's Republic of China (PRC) from 2003 to 2013, an ...
said "We will definitely not allow anyone to separate Taiwan from China by any means," in his New Year's Eve speech.
Although the PRC's official English translation of the law is the ''Anti-Secession Law'', the
Mainland Affairs Council
The Mainland Affairs Council (MAC) is a cabinet-level administrative agency under the Executive Yuan of the Republic of China in Taiwan.
The MAC is responsible for the planning, development, and implementation of the cross-strait relations po ...
in Taiwan has consistently translated it as ''Anti-Separation Law'' as secession implies that Taiwan is a part of the PRC. The Mainland Affairs Council and the ROC government has argued that the relationship across the Taiwan Strait is not analogous to the situation during the
American Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
since Taiwan was never part of the PRC.
Early reaction
Beijing
}
Beijing ( ; ; ), alternatively romanized as Peking ( ), is the capital of the People's Republic of China. It is the center of power and development of the country. Beijing is the world's most populous national capital city, with over 21 ...
claims that this bill is the PRC's most sincere attempt at resolving the Taiwan issue peacefully (see
Political status of Taiwan
The controversy surrounding the political status of Taiwan or the Taiwan issue is a result of World War II, the second phase of the Chinese Civil War (1945–1949), and the Cold War.
The basic issue hinges on who the islands of Taiwan, Peng ...
). However,
Taipei
Taipei (), officially Taipei City, is the capital and a special municipality of the Republic of China (Taiwan). Located in Northern Taiwan, Taipei City is an enclave of the municipality of New Taipei City that sits about southwest of the n ...
points to Article 8 as cause for concern. Shortly after the bill was passed, President Chen Shui-bian called for a National Security meeting in Taipei to discuss the issue.
One major topic of controversy between Beijing and Taipei is to what degree the law changes the
status quo
is a Latin phrase meaning the existing state of affairs, particularly with regard to social, political, religious or military issues. In the sociological sense, the ''status quo'' refers to the current state of social structure and/or values. W ...
in the Taiwan Straits. Beijing has maintained that the law preserves the status quo and creates no new conditions for the use of force. In contrast, Taipei has argued that the law does change the status quo and gives the
People's Liberation Army
The People's Liberation Army (PLA) is the principal military force of the People's Republic of China and the armed wing of the Chinese Communist Party (CCP). The PLA consists of five service branches: the Ground Force, Navy, Air Force, ...
a "blank check" to attack Taiwan.
Prior to the passage of the bill, a statement from Taipei's Mainland Affairs Council and a resolution overwhelmingly passed by the ROC legislature stated that the status quo is that the
Republic of China
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
is sovereign and independent. The statement and resolution were carefully worded to avoid disagreements between the pan-blue and pan-green coalition over whether the
Republic of China
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
has any residual sovereignty over
Mainland China
"Mainland China" is a geopolitical term defined as the territory governed by the People's Republic of China (including islands like Hainan or Chongming), excluding dependent territories of the PRC, and other territories within Greater China. ...
.
After the law was passed, a Mainland Affairs Council official referred to Beijing's definition of "one China" in the PRC law as fiction.
Reaction in mainland China
Reaction within the PRC was mostly consistent. State media and the Beijing leadership all stood firmly behind the new law and vowed never to allow anyone, using any means, to "separate Taiwan from China", in any name. The National People's Congress voted unanimously in favor of the law, with two abstentions. In the run-up to the law's ratification, state media in the PRC accused those in Taiwan in favour of Taiwan independence of creating hostility to the new law and of confusing the Taiwanese into thinking that the law had hostile intent. Prior to passing the law,
Chinese Communist Party
The Chinese Communist Party (CCP), officially the Communist Party of China (CPC), is the founding and One-party state, sole ruling party of the China, People's Republic of China (PRC). Under the leadership of Mao Zedong, the CCP emerged victoriou ...
(CCP)
general secretary
Secretary is a title often used in organizations to indicate a person having a certain amount of authority, power, or importance in the organization. Secretaries announce important events and communicate to the organization. The term is derived ...
Hu Jintao
Hu Jintao (born 21 December 1942) is a Chinese politician who served as the 16–17th general secretary of the Chinese Communist Party (CCP) from 2002 to 2012, the 6th president of the People's Republic of China (PRC) from 2003 to 2013, an ...
in a speech outlined a four-point guideline to resolving the issue.
Reaction in Hong Kong
At the time the unification law was proposed by legal scholar
Yu Yuanzhou, the press in Hong Kong expressed concern that it would lead to legislation by stealth of the anti-treason or anti-secession provision of the
Basic Law Article 23 legislation in 2003. These concerns were addressed when a mainland China official stated explicitly the law would not be added to Annex III of the
Basic Law, which means that it would not be applicable to Hong Kong. After the passage of the law in March 2005, there was very little reaction in Hong Kong and news of the law was far overshadowed by the resignation of Hong Kong's chief executive,
Tung Chee-Hwa
Tung Chee-hwa (; born 7 July 1937) is a Hong Kong businessman and politician who served as the first Chief Executive of Hong Kong between 1997 and 2005, upon the transfer of sovereignty on 1 July. He is currently a vice-chairman of the Chin ...
. In the 15 years since the law was passed, it has cast a long shadow over Hong Kong.
Reaction in Taiwan
![326Flag](https://upload.wikimedia.org/wikipedia/commons/6/6a/326Flag.jpg)
In Taiwan, the passage of the law was condemned by officials and politicians from both the
Pan-Green Coalition
The pan-Green coalition, pan-Green force or pan-Green groups is a nationalist political coalition in Taiwan (Republic of China), consisting of the Democratic Progressive Party (DPP), Taiwan Statebuilding Party (TSP), Taiwan Solidarity Union (T ...
and the
Pan-Blue Coalition
The pan-Blue coalition, pan-Blue force or pan-Blue groups is a political coalition in the Republic of China (Taiwan) consisting of the Kuomintang (KMT), People First Party (PFP), New Party (CNP), Non-Partisan Solidarity Union (NPSU), and Young ...
, although there were differences in the content of their criticism. Supporters of the Pan-Green Coalition tended to react angrily to the spirit and content of the law as an infringement of what they saw as Taiwanese sovereignty. By contrast, supporters of the Pan-Blue Coalition, while stating that they opposed the law and the threat of force against Taiwan, called for more dialogue with the PRC and pointed to parts of the law in which Beijing showed hitherto unseen flexibility.
Opinion polls indicated widespread opposition to the law among the general public. Some questioned whether Beijing had the authority to enact such a law as they claim that Taiwan is not under the PRC jurisdiction (See
Political status of Taiwan
The controversy surrounding the political status of Taiwan or the Taiwan issue is a result of World War II, the second phase of the Chinese Civil War (1945–1949), and the Cold War.
The basic issue hinges on who the islands of Taiwan, Peng ...
). The Pan-Green Coalition, in particular, reacted with distaste and there have been calls for an "anti-annexation law" to be passed by the legislature. Premier
Frank Hsieh
Frank Hsieh Chang-ting (; born May 18, 1946) is a Taiwanese politician and former defense attorney. A cofounder of the Democratic Progressive Party, he has served on the Taipei City Council, the Legislative Yuan, as the mayor of Kaohsiung City ...
pointed out that the PRC law had already infringed on ROC sovereignty and thus met the criteria for initiating a "defensive referendum" under the ROC constitution. However, he added that whether a defensive referendum would be invoked is at the discretion of the ROC president.
A protest march against the PRC law took place on March 26 and it was widely reported that one million Taiwanese participated in the protest. Both the former President
Lee Teng-hui
Lee Teng-hui (; 15 January 192330 July 2020) was a Taiwanese statesman and economist who served as President of the Republic of China (Taiwan) under the 1947 Constitution and chairman of the Kuomintang (KMT) from 1988 to 2000. He was the fir ...
and President Chen Shui-bian joined the march. However, Chen Shui-bian announced in advance that he would only attend the march and wouldn't be giving a speech. Most politicians from the Pan-Blue Coalition did not participate in any protest march, although they claimed that they would not dissuade their supporters from attending if they wished. The turnout of the march became a subject of political debate in Taiwan, with the mayor of Taipei city,
Ma Ying-jeou
Ma Ying-jeou ( zh, 馬英九, born 13 July 1950) is a Hong Kong-born Taiwanese politician who served as president of the Republic of China from 2008 to 2016. Previously, he served as justice minister from 1993 to 1996 and mayor of Taipei from ...
, downplaying the participant number to around 270,000, while the march organizers claimed that the goal of one million participants was reached.
On March 25, 2008, DPP legislators tabled a bill titled the "Anti-Annexation Peace Law" at the procedural committee level in the legislature, which would have stated that "Taiwan and China are not subordinate to each other"; that "Taiwan is a sovereign state"; and that "the relationship between Taiwan and China is one between two states". It would have expressed hope that the Taiwan issue be resolved peacefully, but that if the status quo of the
Taiwan Strait
The Taiwan Strait is a -wide strait separating the island of Taiwan and continental Asia. The strait is part of the South China Sea and connects to the East China Sea to the north. The narrowest part is wide.
The Taiwan Strait is itself a s ...
should change, the President would have the power to deal non-peacefully with "China's annexation". The bill was rejected at the procedural committee level by a vote of 11:2 and was not presented to the legislature.
International responses
United States Secretary of State
The United States secretary of state is a member of the executive branch of the federal government of the United States and the head of the U.S. Department of State. The office holder is one of the highest ranking members of the president's Ca ...
Condoleezza Rice
Condoleezza Rice ( ; born November 14, 1954) is an American diplomat and political scientist who is the current director of the Hoover Institution at Stanford University. A member of the Republican Party, she previously served as the 66th Uni ...
commented that the law was "not necessary", while
White House
The White House is the official residence and workplace of the president of the United States. It is located at 1600 Pennsylvania Avenue NW in Washington, D.C., and has been the residence of every U.S. president since John Adams in 1800. ...
spokesman
Scott McClellan
Scott McClellan (born February 14, 1968) is the former White House Press Secretary (2003–06) for President George W. Bush, he was the 24th person to hold this post. He was also the author of a controversial No. 1 ''New York Times'' bestseller ...
called its adoption "unfortunate", adding "It does not serve the purpose of peace and stability in the Taiwan Strait". In speaking about the law, the United States repeated that it remained supportive of the
One China policy
The term One China may refer to one of the following:
* The One China principle is the position held by the People's Republic of China (PRC) that there is only one sovereign state under the name China, with the PRC serving as the sole legit ...
as the US defines it, that it did not support Taiwan independence, and opposed any unilateral action to change the status quo. The
United States House of Representatives
The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...
approved a resolution criticizing the PRC for the approval of the PRC law in Beijing. The resolution expressed grave concern about the law and said the PRC law provides a legal justification for PRC to use force against Taiwan, in its words, altering the status quo in the region.
In response to the enactment of the PRC law, the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
issued a statement urging "all sides to avoid any unilateral action that could stoke tensions," and recalled the "constant principles that guide its policy, namely its commitment to the principle of one China and the peaceful resolution of dispute...and its opposition to any use of force." Later, on 14 April 2005, the
European Parliament
The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
adopted an own-initiative report by
Elmar Brok
Elmar Peter Brok (born 14 May 1946) is a German politician who served as Member of the European Parliament (MEP) from 1980 until 2019, who is best known for his role as chairman of the European Parliament Committee on Foreign Affairs. He is a mem ...
MEP, with paragraph 33 stating:
:
he European Parliament expressesits deepest concern at the large number of missiles in southern China aimed across the Taiwan Straits and at the so-called "anti-secession law" of the People's Republic of China that in an unjustified way aggravates the situation across the Straits; calls on the People's Republic of China and on the R.O.C. in Taiwan to resume political talks on the basis of mutual understanding and recognition in order to promote stability, democracy, human rights and the rule of law in east Asia.
The EU also decided to continue with the arms embargo, which had been imposed upon the PRC after the
Tiananmen Square Massacre
The Tiananmen Square protests, known in Chinese as the June Fourth Incident (), were student-led demonstrations held in Tiananmen Square, Beijing during 1989. In what is known as the Tiananmen Square Massacre, or in Chinese the June Fourth ...
and which had been set to expire in 2005.
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
ese Prime Minister
Junichiro Koizumi
Junichiro Koizumi (; , ''Koizumi Jun'ichirō'' ; born 8 January 1942) is a former Japanese politician who was Prime Minister of Japan and President of the Liberal Democratic Party (LDP) from 2001 to 2006. He retired from politics in 2009. He is ...
said "I wish both parties would work towards a peaceful resolution and I hope that this law will not have negative effects."
Australian foreign minister
Alexander Downer
Alexander John Gosse Downer (born 9 September 1951) is an Australian former politician and diplomat who was leader of the Liberal Party from 1994 to 1995, Minister for Foreign Affairs from 1996 to 2007, and High Commissioner to the United King ...
stated that if war were to occur in the Taiwan Straits, Australia would be required under the
ANZUS treaty
The Australia, New Zealand, United States Security Treaty (ANZUS or ANZUS Treaty) is a 1951 non-binding collective security agreement between Australia and New Zealand and, separately, Australia and the United States, to co-operate on military ...
to consult with the United States but depending on the situation that it would not necessarily commit Australia to war. He said that "we don't think that the PRC should resolve the Taiwan status question militarily, that it has got to be done through negotiations with Taiwan". Downer further commented that Australia would have preferred it had China not passed the anti-secession law.
Several other nations expressed support for the PRC's anti-secession law, including:
*
CIS
Cis or cis- may refer to:
Places
* Cis, Trentino, in Italy
* In Poland:
** Cis, Świętokrzyskie Voivodeship, south-central
** Cis, Warmian-Masurian Voivodeship, north
Math, science and biology
* cis (mathematics) (cis(''θ'')), a trigonome ...
nations:
Russia
Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
,
Belarus
Belarus,, , ; alternatively and formerly known as Byelorussia (from Russian ). officially the Republic of Belarus,; rus, Республика Беларусь, Respublika Belarus. is a landlocked country in Eastern Europe. It is bordered by R ...
,
Uzbekistan
Uzbekistan (, ; uz, Ozbekiston, italic=yes / , ; russian: Узбекистан), officially the Republic of Uzbekistan ( uz, Ozbekiston Respublikasi, italic=yes / ; russian: Республика Узбекистан), is a doubly landlocked cou ...
,
Azerbaijan
Azerbaijan (, ; az, Azərbaycan ), officially the Republic of Azerbaijan, , also sometimes officially called the Azerbaijan Republic is a transcontinental country located at the boundary of Eastern Europe and Western Asia. It is a part of th ...
*
Latin America
Latin America or
* french: Amérique Latine, link=no
* ht, Amerik Latin, link=no
* pt, América Latina, link=no, name=a, sometimes referred to as LatAm is a large cultural region in the Americas where Romance languages — languages derived f ...
n and
Caribbean
The Caribbean (, ) ( es, El Caribe; french: la Caraïbe; ht, Karayib; nl, De Caraïben) is a region of the Americas that consists of the Caribbean Sea, its islands (some surrounded by the Caribbean Sea and some bordering both the Caribbean Se ...
nations:
Cuba
Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...
,
Venezuela
Venezuela (; ), officially the Bolivarian Republic of Venezuela ( es, link=no, República Bolivariana de Venezuela), is a country on the northern coast of South America, consisting of a continental landmass and many islands and islets in th ...
, and
Dominica
Dominica ( or ; Kalinago: ; french: Dominique; Dominican Creole French: ), officially the Commonwealth of Dominica, is an island country in the Caribbean. The capital, Roseau, is located on the western side of the island. It is geographically ...
.
*
Asia
Asia (, ) is one of the world's most notable geographical regions, which is either considered a continent in its own right or a subcontinent of Eurasia, which shares the continental landmass of Afro-Eurasia with Africa. Asia covers an area ...
n and
Middle East
The Middle East ( ar, الشرق الأوسط, ISO 233: ) is a geopolitical region commonly encompassing Arabian Peninsula, Arabia (including the Arabian Peninsula and Bahrain), Anatolia, Asia Minor (Asian part of Turkey except Hatay Pro ...
ern nations:
Indonesia
Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania between the Indian and Pacific oceans. It consists of over 17,000 islands, including Sumatra, Java, Sulawesi, and parts of Borneo and New Guine ...
,
Cambodia
Cambodia (; also Kampuchea ; km, កម្ពុជា, UNGEGN: ), officially the Kingdom of Cambodia, is a country located in the southern portion of the Indochinese Peninsula in Southeast Asia, spanning an area of , bordered by Thailand t ...
,
Nepal
Nepal (; ne, नेपाल ), formerly the Federal Democratic Republic of Nepal ( ne,
सङ्घीय लोकतान्त्रिक गणतन्त्र नेपाल ), is a landlocked country in South Asia. It is mai ...
,
Syria
Syria ( ar, سُورِيَا or سُورِيَة, translit=Sūriyā), officially the Syrian Arab Republic ( ar, الجمهورية العربية السورية, al-Jumhūrīyah al-ʻArabīyah as-Sūrīyah), is a Western Asian country loc ...
,
Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
,
North Korea
North Korea, officially the Democratic People's Republic of Korea (DPRK), is a country in East Asia. It constitutes the northern half of the Korea, Korean Peninsula and shares borders with China and Russia to the north, at the Yalu River, Y ...
,
Iraq
Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
* African nations:
Ethiopia
Ethiopia, , om, Itiyoophiyaa, so, Itoobiya, ti, ኢትዮጵያ, Ítiyop'iya, aa, Itiyoppiya officially the Federal Democratic Republic of Ethiopia, is a landlocked country in the Horn of Africa. It shares borders with Eritrea to the ...
,
Comoros
The Comoros,, ' officially the Union of the Comoros,; ar, الاتحاد القمري ' is an independent country made up of three islands in southeastern Africa, located at the northern end of the Mozambique Channel in the Indian Ocean. It ...
* the former nation of
Serbia and Montenegro
Serbia and Montenegro ( sr, Cрбија и Црна Гора, translit=Srbija i Crna Gora) was a country in Southeast Europe located in the Balkans that existed from 1992 to 2006, following the breakup of the Socialist Federal Republic of Yu ...
See also
*
Chinese unification
Chinese unification, also known as the Cross-Strait unification or Chinese reunification, is the potential unification of territories currently controlled, or claimed, by the People's Republic of China ("China" or "Mainland China") and the ...
*
, similar law regarding Hong Kong
*
New York Anti-Secession Ordinance, a non-binding New York state resolution characterized in Chinese media as a federal U.S. anti-secession law
*
Political status of Taiwan
The controversy surrounding the political status of Taiwan or the Taiwan issue is a result of World War II, the second phase of the Chinese Civil War (1945–1949), and the Cold War.
The basic issue hinges on who the islands of Taiwan, Peng ...
*
Proposed National Unification Promotion Law
The proposed National Unification Promotion Law of the People's Republic of China is a document that appeared in early 2004 as a suggestion to create formal a legal basis for the People's Republic of China's unification with Taiwan. It was auth ...
*
Secession
Secession is the withdrawal of a group from a larger entity, especially a political entity, but also from any organization, union or military alliance. Some of the most famous and significant secessions have been: the former Soviet republics le ...
* "
Taiwan, China
"Taiwan, China", "Taiwan, Province of China", and "Taipei, China" are political terms that claim Taiwan and its associated territories as a province or territory of "China".
The term "Taiwan, China" () is used by Chinese state media even ...
"
*
Taiwan Province
Taiwan Province (; Pha̍k-fa-sṳ, PFS: ''Thòi-vàn-sén'' or ''Thòi-vân-sén'') is a nominal Administrative divisions of Taiwan, administrative division of the Taiwan, Republic of China (ROC). Its definition has remained part of the Constit ...
*
Taiwan Relations Act
The Taiwan Relations Act (TRA; ; Pha̍k-fa-sṳ: ''Thôi-van Kwan-hè-fap''; ) is an act of the United States Congress. Since the formal recognition of the People's Republic of China, the Act has defined the officially substantial but non-diplom ...
*
Taiwan Province, People's Republic of China
Taiwan Province is a nominal administrative division of the People's Republic of China (PRC). The PRC constitution defines Taiwan as part of its territories despite the fact that the PRC has never controlled any part of Taiwan since the P ...
References
External links
Report of Wen Jiabao on drafting and passing the lawBBC News: China to enact anti-secession law (2004-12-19)BBC News: Taiwanese protest at China bill (2005-02-28)BBC News: China unveils controversial law also
(all BBC)
Taiwan News: Reaction in Taiwan*
Wikinews:Hundreds of thousands protest anti-secession law in TaiwanPeople's Daily: Anti-secession Law will not be applied in Hong Kong and Macau(in Traditional Chinese)
(in Simplified Chinese)
Legal Malware: Hong Kong’s National Anthem Ordinanceby Kevin Carrico for Hong Kong Watch.
{{Cross-Strait relations
Separatism in China
Laws of China
Cross-Strait relations
2005 in law
2005 in China