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China Enacted Historical Anti-Secession Law
2005/03/18


On March 14, China enacted a law aimed at preventing Taiwan's secession from the country. It is hailed unanimously as a "powerful legal guarantee for peaceful national reunification" by lawmakers, government leaders and the general public.

The National People's Congress (NPC), China's legislature, ratified the 10-article Anti-Secession Law by 2,896 pros, no con and 2 abstentions Monday morning as it ended a 9.5-day annual full session in the Great Hall of the People in downtown Beijing. Three lawmakers didn't cast their votes.

The law came into effect right after President Hu Jintao signed a presidential order to promulgate it later in the morning.

Top legislator Wu Bangguo hailed the high support rate of the deputies for the law as epitomizing the "common will and strong resolve" of the entire Chinese people.

The Anti-Secession Law was first put on the legislative agenda of the NPC last December partly in response to the growing calls and proposals for such legislation both at home and overseas in recent years.

The promulgated law provides for "the nature of the Taiwan issue," the pursuit of national reunification through peaceful means, and the employment of non-peaceful means to check Taiwan's secession from China as the last resort.

"The Anti-Secession Law has legalized the policy guideline of central authorities on Taiwan, and given full expression to China's consistent position of doing the utmost with maximum sincerity for a peaceful reunification," said Wu, chairman of the NPC Standing Committee, adding the law will "have a major practical and far-reaching historical impact".

At a routine annual press conference held shortly after the closing of the NPC session Monday, Premier Wen Jiabao strongly denied allegations that the Anti-Secession Law was a "law of war", calling it a law endorsing peace and stability in the Taiwan Straits instead.

The premier added that the law does not target the Taiwan compatriots, but aims at opposing and checking "Taiwan independence" secessionist activities.

Though the law has provided for "non-peaceful means and other necessary measures" to stop Taiwan's secession under certain circumstances, Wen said, the Chinese government is unwilling to see such circumstance occur.

"As 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," he stressed.

The following is the full text of the Anti-Secession Law.

Anti-Secession Law (Full text)

Adopted at the Third Session of the Tenth National People's

Congress on March 14, 2005

Article I

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.

Article II

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 III

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 IV

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

Article V

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 Straits. 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 VI

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 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, 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.

Article VII

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.

The two sides of the Taiwan Straits 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-Straits 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 VIII

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 IX

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.

Article X

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

Annexure I. Taiwan -- an Inalienable Part of China

Taiwan has belonged to China since ancient times. Many historical records and annals documented the development of Taiwan by the Chinese people in earlier periods. References to this effect were to be found, among others, in Seaboard Geographic Gazetteer compiled more than 1,700 years ago by Shen Ying of the State of Wu during the period of the Three Kingdoms. This was the world's earliest written account of Taiwan. Since early seventeenth century the Chinese people began to step up the development of Taiwan. By 1893 their population exceeded 2.54 million people in 507,000 or more households. They brought in a more advanced mode of production and settled the whole length and breadth of Taiwan. Thanks to the determined efforts and hard toil of the pioneers, the development of the island as a whole greatly accelerated. This was the historical fact of how Taiwan, like the other parts of China, came to be opened up and settled by the Chinese people of various nationalities. From the very beginning the Taiwan society derived from the source of the Chinese cultural tradition. The history of Taiwan's development is imbued with the blood, sweat, and ingenuity of the Chinese people including the local ethnic minorities.

Chinese governments of different periods set up administrative bodies to exercise jurisdiction over Taiwan. These periods include the Song Dynasty, the Yuan Dynasty, the Ming Dynasty and the Qing Dynasty. In 1662 (first year of the reign of Qing Emperor Kangxi) General Zheng Chenggong (known in the West as Koxinga) instituted Chengtian Prefecture on Taiwan. Subsequently, the Qing government expanded the administrative structure in Taiwan, thereby strengthening its rule over the territory. In 1885, the government formally made Taiwan a full province covering three prefectures and one subprefecture and incorporating 11 counties and 5 cantons. Liu Mingchuan was appointed first Governor of Taiwan. During his tenure of office, railways were laid, mines opened, telegraph service installed, merchant ships built, industries started and new-style schools set up. Considerable social, economic and cultural advancement in Taiwan was achieved as a result.

Japan launched a war of aggression against China in 1894. In the ensuing year, as a result of defeat the Qing government was forced to sign the Treaty of Shimonoseki, ceding Taiwan to Japan. In 1937 the Chinese people threw themselves into an all-out war of resistance against Japanese aggression. After eight years of grueling war against Japanese aggression the Chinese people won final victory and recovered the lost territory of Taiwan in 1945.

During the Second World War China, the United States, the Soviet Union, Great Britain, France and others formed an alliance to oppose the Axis of Germany, Japan and Italy. The Cairo Declaration issued by China, the United States and Great Britain on 1 December 1943 stated: "It is the purpose of the three great Allies that Japan shall be stripped of all the islands in the Pacific which she has seized or occupied since the beginning of the First World War in 1914, and that all the territories Japan has stolen from the Chinese, such as Manchuria, Formosa [Taiwan] and the Pescadores [Penghu], shall be restored to China." On 15 August of the same year, Japan declared surrender. The instrument of Japan's surrender stipulated that "Japan hereby accepts the provisions in the declaration issued by the heads of the Governments of the United States, China and Great Britain on July 26, 1945 at Potsdam, and subsequently adhered to by the Union of Soviet Socialist Republics." On 25 October the ceremony for accepting Japan's surrender in Taiwan Province of the China war theater of the Allied powers was held in Taibei. From that point in time forward, Taiwan and Penghu had been put back under the jurisdiction of Chinese sovereignty.

Since the founding of the People's Republic of China, 157 countries have established diplomatic relations with China. All these countries recognize that there is only one China and that the Government of the People's Republic of China is the sole legal government of China and Taiwan is part of China.

Annexure II. Origin of the Taiwan Question

Taiwan was returned to China de jure and de facto at the end of the Second World War. It became an issue only as an aftermath of the ensuing anti-popular civil war started by Kuomintang, and more especially because of intervention by foreign forces.

During the war of resistance against Japanese aggression the Chinese Communist Party and other patriotic groups pressed Kuomintang into a national united front with the Communist Party to fight Japanese imperialist aggression. After victory of the war the Kuomintang clique headed by Chiang Kaishek launched an all-out anti-popular civil war. The Chinese people were compelled to respond with a people's liberation war which was to last more than three years under the leadership of the Communist Party. Since the Kuomintang clique had already been spurned by the people of all nationalities for its reign of terror, the government of the "Republic of China" in Nanjing was finally overthrown by the Chinese people. The People's Republic of China was proclaimed on 1 October 1949 and the Government of the new People's Republic became the sole legal government of China. A group of military and political officials of the Kuomintang clique took refuge in Taiwan and, with the support of the then U.S. administration, created the division between the two sides of the Straits.



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