CHINA / Key Documents
Draft Anti-Secession Law explained
(Xinhua)
Updated: 2005-03-08 09:50
The following is the full text of the translation of the explanations on
the draft Anti-Secession Law, made by Wang Zhaoguo, vice-chairman of the
Standing Committee of the National People's Congress (NPC), at the NPC
session Tuesday, March 8, 2005.
Wang Zhaoguo, vice-chairman of the NPC Standing Committee, explains the
draft Anti-Secession Law to the deputies of the third session of the 10th
National People's Congress in the Great Hall of the People March 8, 2005.
[Xinhua]
Fellow Deputies,
I am now entrusted by the Standing Committee of the National People's
Congress (NPC) to make explanations on the Anti-Secession Law (Draft).
I. The Necessity and Feasibility of Enacting this Law
Resolving the Taiwan question and accomplishing China's complete
reunification is one of the three historic tasks of our Party and our
country. We have made unremitting efforts over the years to develop
stronger relations between the two sides of the Taiwan Straits and
promote a peaceful reunification of the motherland. In recent years,
however, the Taiwan authorities have intensified their "Taiwan
independence" activities aimed at separating Taiwan from China. Among
their escalating secessionist activities of various types, we should be
particularly watchful that the Taiwan authorities are trying to use
so-called " constitutional" or "legal" means through "referendum" or "
constitutional reengineering" to back up their secessionist attempt with
so-called "legality" and change the fact that both the mainland and
Taiwan belong to one and the same China by separating Taiwan from China.
Facts have shown that the secessionist activities of the "Taiwan
independence" forces gravely threaten China's sovereignty and territorial
integrity, seriously endanger the prospects for a peaceful reunification
and severely undermine the fundamental interests of the Chinese nation.
They have posed a serious threat to peace and stability in the Taiwan
Straits and the Asia-Pacific region as a whole. Formulating this
Anti-Secession Law, therefore, is both necessary and timely.
In recent years, our cadres, people, personages from all walks of life
and overseas Chinese communities have become increasingly vocal in their
appeals for legal means to oppose and check the secessionist activities
of the "Taiwan independence" forces and to achieve national
reunification. Deputies to the NPC have put forward quite a few bills and
recommendations on the Taiwan- related legislation and Members of the
National Committee of the Chinese People's Political Consultative
Conference (CPPCC) have also made many proposals in this regard. All this
shows that the legislative effort conforms with the will of our people.
Now all necessary conditions for the legislation are in place. China's
Constitution clearly stipulates, "Taiwan is part of the sacred territory
of the People's Republic of China. It is the inviolable duty of all
Chinese people, including our compatriots in Taiwan, to accomplish the
great task of reunifying the motherland."This is the constitutional
ground for this legislation. The thoughts of the three generations of
Chinese central collective leadership, particularly those of Comrade Deng
Xiaoping and Comrade Jiang Zemin, on resolving the Taiwan question and
the principles and policies adopted by China's central authorities have
provided clear guidance and a policy basis for this legislation. The
relevant research by jurists and Taiwan specialists has also created
certain enabling conditions for this legislation.
II. The Principles for and Evolution of the Draft Legislation
The overarching principle for the legislation is to act under the
guidance of the Deng Xiaoping Theory and the important thought of "Three
Represents" and on the basis of the Constitution, implement the policy
guideline of the central authorities on Taiwan, closely focus on the
theme of opposing and checking the secessionist activities of the "Taiwan
independence" forces and promoting a peaceful reunification of the
motherland, give full expression to our consistent position of doing our
utmost with maximum sincerity for a peaceful reunification and, at the
same time, demonstrate the common will and strong resolve of the entire
Chinese people to safeguard China's sovereignty and territorial integrity
while never allowing the "Taiwan independence" forces to make Taiwan
secede from China under any name or by any means.
In our legislative work, we must base ourselves on the above principles,
heed the views from various quarters fully and follow the prescribed
procedures strictly. In order to do a proper job, the drafting team
carefully reviewed the comments and proposals on the Taiwan-related
legislation made by Deputies to the NPC, Members of the National
Committee of the CPPCC, people from all walks of life and overseas
Chinese communities over the past few years. Chairman Wu Bangguo of the
Standing Committee of the NPC convened four workshops to listen to the
views of leading officials from certain provinces and municipalities,
jurists and Taiwan specialists, heads of relevant central departments,
compatriots from Taiwan, Hong Kong and Macao and representatives of
overseas Chinese communities. After pooling and studying the opinions
from the various quarters, a comment-seeking copy of the Anti-Secession
Law (Draft) was prepared. General Secretary Hu Jintao then chaired a
forum for the central leaders of the Democratic Parties and the All-China
Federation of Industry and Commerce and personages with no party
affiliations, and Chairman Wu Bangguo convened a discussion for legal
experts and Taiwan specialists to listen to their views on the
comment-seeking copy of the draft legislation. The draft was further
revised on that basis to become the Anti-Secession Law (Draft) in its
present form.
At its 13th meeting, the Standing Committee of the Tenth NPC carefully
considered the draft legislation, unanimously passed the bill on the
Anti-Secession Law (Draft) and decided to submit it to this NPC Session
for deliberation.
III. The Main Contents of the Draft Legislation
1. Legislative Purpose and Scope of Application of this Legislation
Given the current state and future trend of the cross-Straits relations,
it is imperative to resolutely oppose and check the secessionist
activities of the "Taiwan independence" forces. Otherwise, the source of
threat to peace and stability in the Taiwan Straits can not be uprooted,
the historic opportunity for common development and common prosperity of
the two sides of the Straits will be lost, the interests and welfare of
the Taiwan compatriots will be ruined and the fundamental interests of
the Chinese nation will suffer damage. Therefore, 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 Straits, 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.
2. The Nature of the Taiwan Question
Making clear the nature of the Taiwan question is the basis for its
settlement.
The 16th Party National Congress of the Communist Party of China stated,
"There is but one China in the world, and both the mainland and Taiwan
belong to one China. China's sovereignty and territorial integrity brook
no division." This is our principled position on the Taiwan question, a
position that enjoys the support of the entire Chinese people. The Taiwan
question is one that is left over from China's civil war of the late
1940s. Owing to many complex factors, the two sides of the Taiwan Straits
are yet to be reunified. But the fact that Taiwan is part of China and
both the mainland and Taiwan belong to one and the same China remains
unchanged. Resolving the Taiwan question and accomplishing the great
cause of national reunification is entirely an internal affair of China
bearing on the fundamental interests of all Chinese people, the Taiwan
compatriots included. Accordingly, the draft legislation provides for the
following"1) The legislation reaffirms the spirit of the 16th Party
National Congress and further makes it clear that safeguarding China's
sovereignty and territorial integrity is the common obligation of all
Chinese people, the Taiwan compatriots included, Taiwan is part of China
and the state shall never allow the " Taiwan independence" forces to make
Taiwan secede from China under any name or by any means.
2) 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.
3) Accomplishing the great task of reunifying the motherland is the
sacred duty of all Chinese people, the Taiwan compatriots included.
3. Achieving National Reunification Through Peaceful Means
Adhering to the one China principle is the unshakable basis for the
settlement of the Taiwan question. The one China principle reflects the
very fact that the mainland and Taiwan belong to one and the same China
and highlights our goal of a peaceful reunification. "Peaceful
reunification and one country, two systems" has been our basic policy in
achieving a solution to the Taiwan question. A reunification by peaceful
means best serves the fundamental interests of all Chinese people, the
Taiwan compatriots included, as it is conducive to fostering a warm
affection among compatriots on both sides, to peace and stability in the
Taiwan Straits and the Asia-Pacific region as a whole and to the great
rejuvenation of the Chinese nation. The "one country, two systems"
formula not only embodies the principled position of achieving national
reunification and safeguarding sovereignty and territorial integrity, but
allows a high degree of flexibility by taking into full account Taiwan's
past and present circumstances. 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 Straits. The state shall do its
utmost with maximum sincerity to achieve a peaceful reunification. And
after the country is reunified peacefully, Taiwan may practice systems
different from those on the mainland and enjoy a high degree of autonomy.
Maintaining peace and stability in the Taiwan Straits and promoting
common development and common prosperity is an aspiration shared by the
compatriots on both sides of the Straits and serves their common
interests. In this connection, the draft legislation provides for the
following measures by the state to maintain peace and stability in the
Taiwan Straits and promote cross-Straits relations: 1) to encourage and
facilitate personnel exchanges across the Straits 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 Straits to their mutual benefit; 3) to encourage and
facilitate cross-Straits exchanges in education, science and technology,
culture, health and sports, and work together to carry forward the proud
Chinese cultural traditions; 4) to encourage and facilitate cross-Straits
cooperation in combating crimes; and 5) to encourage and facilitate other
activities that are conducive to peace and stability in the Taiwan
Straits and stronger cross-Straits relations. The state protects the
rights and interests of the Taiwan compatriots in accordance with law.
A peaceful reunification requires cross-Straits consultations and
negotiations and a broader room be given to them. 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
Straits. 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-Straits 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.
4. On Taking Non-Peaceful Means to Stop Taiwan's Secession from China by
the "Taiwan independence" Forces
We have consistently stood for reunifying the country through peaceful
means. People on both sides of the Taiwan Straits 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. At the same time, let us
be absolutely clear that safeguarding sovereignty and territorial
integrity is the core interest of our country and our nation and the
common obligation of all Chinese people, our Taiwan compatriots included.
We have never forsworn the use of force. No sovereign state can tolerate
secession and every sovereign state has the right to use necessary means
to defend its sovereignty and territorial integrity.
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. The draft legislation also
provides that the State Council and the Central Military Commission are
authorized to decide on and execute non-peaceful means and other
necessary measures, and promptly report to the Standing Committee of the
NPC.
It needs to be stressed here that should the "Taiwan independence" forces
insist on going their own way and leave us with no other option but to
employ non-peaceful means and other necessary measures, such means and
measures would be completely targeted against the "Taiwan independence"
forces rather in any way against our Taiwan compatriots. The draft
legislation clearly provides that in the event of employing and executing
non-peaceful means and other necessary measures, 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 law.
I have hereby presented the Anti-Secession Law (Draft) and the foregoing
explanations for your deliberation.
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