CHINA'S anti-secession law spells
out three scenarios that justify the use of force
against Taiwan.
These include Taiwan taking actions ""to
cause its secession from China'', major incidents
entailing this result, and when all possible means
of peace are exhausted.
Mr Wang Zhaoguo, vice-chairman
of the National People's Congress, disclosed the
contents of the law when he presented it to the
Chinese parliament yesterday.
Compared with previous statements
on the issue of force, the proposed law zeros in
on activities leading to de jure independence of
Taiwan.
Between 1980 and 2000, China officially
spelt out four situations in which it would resort
to using force against Taiwan: Taiwan declaring
independence, being invaded by foreign countries,
developing nuclear weapons, or trying to delay
unification indefinitely.
The new law, however, focuses
on de jure independence only.
The law also commits China to ""exhaust
all possible means'' before resorting to force.
In this sense, it is more restrictive
than previous statements on China's right to use
force.
This somehow echoes one of the
four points Chinese President Hu Jintao made on
Taiwan recently that China ""will never
give up striving for peace''.
In this sense, the law to a large
extent is a defensive mechanism against separatism,
not one to pro-actively achieve unification.
Significantly, it does not set
any target date for achieving unification.
Another new point is that the
law for the first time undertakes to protect the
life and property of civilians and foreigners
resident in Taiwan so as to minimise losses should non-peaceful means
be resorted to.
Previous statements had merely
noted that force was not directed at ordinary people.
This contrasts sharply with the
views of some hawkish military officials who had
once publicly declared that China would not mind
destroying Taiwan in order to preserve its territorial
integrity.
The draft law also commits the
Chinese government to protect Taiwanese investments
in China. This will go a long way in relieving
concerns that investors might be taken hostage
if a war breaks out.
On foreign intervention, the law
states clearly that the Taiwan issue is a hangover
of China's civil war and its solution is
entirely China's internal affair.
""On this issue, we
are not bound by any foreign intervention,'' said
Mr Wang.
The main body of the law focuses
on achieving unification peacefully.
In all previous statements, China's
stock phrase when reaching out to the Taiwanese
was that, under the ""one China'' principle,
all issues could be discussed.
The Taiwanese, however, had found
this phrase too vague.
So the draft law goes some way
towards fleshing this out.
First, the unification process
is itself negotiable and will be done at a pace
and in a format acceptable to Taiwan. Any flexible
mode of consultation could be considered.
Second, issues to be discussed
include ending the state of war between the two
sides, arrangements leading to peaceful unification,
an appropriate relationship between the two parties
on either side of the strait, the political status
of the Taiwanese authority, Taiwan's status in
the international community, as well as any problem
related to unification.
A source pointed out that this
last phrase indicates that Beijing is willing to
consider other formats of unification proposed
by the Taiwanese side, as long as it is consistent
with the ""one China'' principle.
Citing an authority on the law,
Ta Kung Pao, a pro-Beijing newspaper in Hong Kong,
said that the law tries to maintain a
balance between China's iron will on preventing secession and its tolerance
for achieving unification peacefully.
The much-anticipated law tabled
yesterday was thus not as belligerent as some had
feared.
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