INDEPTH: CHINA
China and Taiwan: anti-secession law
CBC News Online | March 14, 2005
A pro-independence demonstrator outside the legislature in Taipei, Taiwan, during a rally against China's anti-secession law, March 14, 2005. The headband reads "Anti-annexation, Save Taiwan." (AP Photo/Jerome Favre)
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On March 14, 2005, China's parliament enacted a controversial law authorizing the use of force against Taiwan if the island formally declares independence. Taiwan called the move a "serious provocation."
The National People's Congress approved the law a day after Chinese President Hu Jintao called on the military to be ready for war.
Taiwan broke away from China after the Nationalists lost the civil war to the Communists in 1949. They fled to the island, where they set up their own government.
Here are some excerpts of the law.
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.
The state shall take the following measures 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 co-operation, 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, technology, culture, health and sports, and work together to carry forward the proud Chinese cultural traditions;
(4) to encourage and facilitate cross-straits co-operation 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.
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.
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 law.
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