Recently, the Chinese government announced the “22 opinions” to punish stubborn “Taiwan independence” elements, even threatening to impose the death penalty on a small number of individuals. This measure has prompted some foreign companies to consider evacuating their Taiwanese employees from China.
The document released by the Chinese Communist Party on June 21, titled “Opinions on Punishing Severely ‘Taiwan Independence’ Stubborn Elements that Split the Country and Incite to Split the Country,” consists of 22 items known as the “Anti-Taiwan Independence 22 Opinions,” with the most severe punishment being the death penalty.
According to Reuters, four sources familiar with the matter stated that the recent release of this new measure by the Chinese Communist Party has led to Taiwanese individuals working in mainland China and foreign multinational companies operating in China rushing to assess and discuss the legal risks and exposure of their Taiwanese employees in China.
James Zimmerman, a lawyer and partner at Perkins Coie law firm in Beijing, told Reuters, “Several companies have approached us to evaluate the risks their employees face.”
Zimmerman mentioned, “These companies are concerned that there may be some gray areas, such as posting a well-intentioned message on social media or voting for a political party or candidate in Taiwan’s elections, which could be interpreted by the (Chinese Communist Party) as engaging in pro-Taiwan independence activities.”
Two executives who preferred not to disclose their names told Reuters that due to the sensitivity of the matter, some foreign companies operating in China have already held meetings with their employees regarding safety concerns. Another source revealed that some Taiwanese employees in China have received and accepted the option to leave China.
As of 2022, approximately 177,000 Taiwanese individuals were working in mainland China, according to the latest survey conducted by the Taiwanese government. Given the language skills and familiarity with Chinese culture possessed by Taiwanese employees, many multinational companies in China have hired Taiwanese nationals. Since 1991, Taiwanese companies have invested over $200 billion in China, aiding its growth to become the world’s second-largest economy.
The Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security, Ministry of State Security, and Ministry of Justice of the Chinese Communist Party jointly issued the “Anti-Taiwan Independence 22 Opinions” on June 21, which became effective immediately upon release. The “Opinions” classify a series of related behaviors aimed at separating Taiwan from China as “crimes of splitting the country” and stipulate that the primary culprits who pose a particularly severe threat to the country and its people can be sentenced to death.
The “Opinions” designate actions such as Taiwan joining international organizations with state-building conditions, the official external relations of the Taiwanese government, and the repression of parties, groups, and individuals promoting “unification” as criminal offenses. It also deems any other actions attempting to separate Taiwan from China as illegal.
Legal experts believe that the wording of the “Opinions” effectively allows the Chinese government to interpret the document at its discretion.
In a statement to Reuters, the Ministry of Foreign Affairs of the Chinese Communist Party stated, “Using criminal law methods to punish criminals who split the country and safeguard the core interests of the state is a common practice among all countries.”
The Ministry of Foreign Affairs of the Chinese Communist Party emphasized, “It needs to be stressed that the relevant legal documents target a tiny minority of stubborn ‘Taiwan independence’ elements and their separatist activities, not the broader Taiwanese compatriots.” The Taiwan Affairs Office of the Chinese Communist Party stated last week that most Taiwanese compatriots need not worry and can “come and go happily.”
The Mainland Affairs Council of Taiwan stated in a release to Reuters, “The government reminds Taiwanese businessmen and Taiwanese employees in mainland China to pay more attention to personal safety as risks are indeed increasing.” The Mainland Affairs Council raised the travel warning for mainland China and Hong Kong/Macau to an “orange” level on June 27, advising people to avoid non-essential travel.
Taiwan President Tsai Ing-wen condemned the new rules imposed by the Chinese Communist Party. She firmly rejected Beijing’s sovereignty claims and declared on her inauguration day on May 20 that “both sides of the Strait are not subordinate to each other,” emphasizing that only the Taiwanese people can determine Taiwan’s future.
Beijing labeled Tsai Ing-wen as a “separatist” and conducted military exercises near Taiwan shortly after her inauguration. Tsai Ing-wen has proposed dialogues with the Chinese Communist authorities multiple times but has been met with refusals.
(This article referenced reports from Reuters)