Facts, Principles and Means


Wang Zhaoguo

Wang Zhaoguo, Vice Chairman of the Standing Committee of the 10th National People’s Congress, explicates the draft Anti-Secession Law on March 8. Key excerpts follows:

The legislation begins by making clear that this law is formulated, in accordance with the Constitution, for the purpose of opposing and checking Taiwan’s secession from China by secessionists in the name of “Taiwan independence,” promoting peaceful national reunification, maintaining peace and stability in the Taiwan Strait, preserving China’s sovereignty and territorial integrity, and safeguarding the fundamental interests of the Chinese nation. Such a provision defines both the legislative purpose and the scope of application of this legislation.

The Taiwan question is one that is left over from China’s civil war of the late 1940s. Solving the Taiwan question and achieving China’s complete reunification is China’s internal affair. On this question, we will not submit to any interference by outside forces.

The draft legislation, therefore, provides for upholding the principle of one China as the basis of peaceful reunification of the country, and reunifying the country through peaceful means as best serving the fundamental interests of the compatriots on both sides of the Taiwan Strait. The state shall do its utmost with maximum sincerity to achieve a peaceful reunification.

As long as the one-China principle is adhered to, any issue can be put on the table for discussion. The draft legislation expressly provides:

1) The state stands for the achievement of peaceful reunification through consultations and negotiations on an equal footing between the two sides of the Taiwan Strait. These consultations and negotiations may be conducted in steps and phases and with flexible and varied modalities.

2) The two sides may consult and negotiate on officially ending the state of hostility between the two sides, mapping out the development of cross-strait relations, steps and arrangements for a peaceful reunification, the political status of the Taiwan authorities, the Taiwan region’s room of international operation that is compatible with its status, and other matters concerning the achievement of peaceful reunification.

We have consistently stood for reunifying the country through peaceful means. People on both sides of the Taiwan Strait are all Chinese and the Taiwan compatriots are our own brothers and sisters. No one is more desirous of achieving a peaceful reunification than we are. So long as there is a glimmer of hope for peaceful reunification, we will exert our utmost to make it happen rather than give it up.

Using non-peaceful means to stop secession in defense of our sovereignty and territorial integrity would be our last resort when all our efforts for a peaceful reunification should prove futile.

The draft legislation provides that in the event that the “Taiwan independence” forces should act under any name or by any means to cause the fact of Taiwan’s secession from China, or that major incidents entailing Taiwan’s secession from China should occur, or that possibilities for a peaceful reunification should be completely exhausted, the state shall employ non-peaceful means and other necessary measures to protect China’s sovereignty and territorial integrity.

     
 

Responses of Taiwan Business People

I don’t feel pressure from the law and I speculate that it will not have any major impact on Taiwanese businesses on the mainland in the long term.

Both sides of the Taiwan Strait have been too “political.” Instead, the governments of both sides should pay more attention to efforts to stimulate the economy and strengthen development in affairs concerning the people’s livelihood and well-being.

-- General manager of a real estate company who preferred to speak on condition of anonymity

I don’t see law impacting on the operations of Taiwanese businesses in China’s mainland. Cross-strait political bickering is benefiting none of the Taiwanese businesses in the mainland. Only the opening of direct cross-strait air links would be conducive to the constructive development of cross-strait relations.

-- Chen Fu-chuan, president of a Shanghai suit and accessory company

The Anti-Secession Law scares the “Taiwan independence” forces, but reassures us Taiwanese living both in and outside Taiwan who oppose “Taiwan independence.”

I hope that the three “direct links” (of trade, mail and air and shipping services) can be realized as soon as possible. Because only in this way, can we improve mutual understanding and mutual benefits, gain a win-win result and promote the reunification of both sides of the strait. What’s more, the three “direct links” can provide much convenience for Chinese business people of both sides. For example, the direct charter flights in this year’s Spring Festival helped the Taiwanese business people save much time and money.

- -Yang Shanhu, company president in Anxi, Fujian

The Anti-Secession Law is conducive to the stability of the cross-strait relations and the economic and trade ties between both sides of the Taiwan Strait. Peace and development are the best choices. The mainland is a big market with lots of business opportunities and the development of cross-strait economic and trade ties will help Taiwan out of the crisis of economic marginalization.

-- Li Ruihe, President of Tianfu Group in Zhangpu, Fujian

Sources: Taipei Times, China News Service

 
     
     
 
Anti-Secession Law

(Adopted at the Third Session of the 10th National People’s Congress on March 14, 2005)

Article 1 This Law is formulated, in accordance with the Constitution, for the purpose of opposing and checking Taiwan’s secession from China by secessionists in the name of “Taiwan independence,” promoting peaceful national reunification, maintaining peace and stability in the Taiwan Strait, preserving China’s sovereignty and territorial integrity and safeguarding the fundamental interests of the Chinese nation.

Article 2 There is only one China in the world. Both the mainland and Taiwan belong to one China. China’s sovereignty and territorial integrity brook no division. Safeguarding China’s sovereignty and territorial integrity is the common obligation of all Chinese people, the Taiwan compatriots included.

Taiwan is part of China. The state shall never allow the “Taiwan independence” secessionist forces to make Taiwan secede from China under any name or by any means.

Article 3 The Taiwan question is one that is left over from China’s civil war of the late 1940s.

Solving the Taiwan question and achieving national reunification is China’s internal affair, which subjects to no interference by any outside forces.

Article 4 Accomplishing the great task of reunifying the motherland is the sacred duty of all Chinese people, the Taiwan compatriots included.

Article 5 Upholding the principle of one China is the basis of peaceful reunification of the country.

To reunify the country through peaceful means best serves the fundamental interests of the compatriots on both sides of the Taiwan Strait. The state shall do its utmost with maximum sincerity to achieve a peaceful reunification.

After the country is reunified peacefully, Taiwan may practice systems different from those on the mainland and enjoy a high degree of autonomy.

Article 6 The state shall take the following measures to maintain peace and stability in the Taiwan Strait and promote cross-strait relations:

(1) To encourage and facilitate personnel exchanges across the strait for greater mutual understanding and mutual trust;

(2) To encourage and facilitate economic exchanges and cooperation, realize direct links of trade, mail and air and shipping services, and bring about closer economic ties between the two sides of the strait to their mutual benefit;

(3) To encourage and facilitate cross-strait exchanges in education, science, technology, culture, health and sports, and work together to carry forward the proud Chinese cultural traditions;

(4) To encourage and facilitate cross-strait cooperation in combating crimes; and

(5) To encourage and facilitate other activities that are conducive to peace and stability in the Taiwan Strait and stronger cross-strait relations.

The state protects the rights and interests of the Taiwan compatriots in accordance with the law.

Article 7 The state stands for the achievement of peaceful reunification through consultations and negotiations on an equal footing between the two sides of the Taiwan Strait. These consultations and negotiations may be conducted in steps and phases and with flexible and varied modalities.

The two sides of the Taiwan Strait may consult and negotiate on the following matters:

(1) Officially ending the state of hostility between the two sides;

(2) Mapping out the development of cross-strait relations;

(3) Steps and arrangements for peaceful national reunification;

(4) The political status of the Taiwan authorities;

(5) The Taiwan region’s room of international operation that is compatible with its status; and

(6) Other matters concerning the achievement of peaceful national reunification.

Article 8 In the event that the “Taiwan independence” secessionist forces should act under any name or by any means to cause the fact of Taiwan’s secession from China, or that major incidents entailing Taiwan’s secession from China should occur, or that possibilities for a peaceful reunification should be completely exhausted, the state shall employ non-peaceful means and other necessary measures to protect China’s sovereignty and territorial integrity.

The State Council and the Central Military Commission shall decide on and execute the non-peaceful means and other necessary measures as provided for in the preceding paragraph and shall promptly report to the Standing Committee of the National People’s Congress.

Article 9 In the event of employing and executing non-peaceful means and other necessary measures as provided for in this Law, the state shall exert its utmost to protect the lives, property and other legitimate rights and interests of Taiwan civilians and foreign nationals in Taiwan, and to minimize losses. At the same time, the state shall protect the rights and interests of the Taiwan compatriots in other parts of China in accordance with the law.

Article 10 This Law shall come into force on the day of its promulgation.