China's ethnic unity law poses risks to Taiwanese citizens, businesses: Scholar

Taipei, July 1 (CNA) China's new "ethnic unity" law poses risks not only to Taiwanese citizens but also to businesses because of its "overly broad" provisions and long-arm jurisdiction, a Taiwanese legal scholar said Wednesday.

China's Ethnic Unity and Progress Law, aimed at "forging a strong sense of community for the Chinese nation," took effect Wednesday, as Taiwanese experts and government officials gathered at a seminar in Taipei to discuss its potential impact on Taiwan.

Chen Yu-jie (陳玉潔), an associate research professor at Academia Sinica's Institutum Iurisprudentiae, said many of the legal concepts in the new law are "overly broad," adding that its vague provisions "significantly increase legal risks" for ordinary people in Taiwan.

Article 63 of the law states that organizations and individuals outside China who engage in acts against China that "undermine ethnic unity and progress" or "promote ethnic separatism" shall be held legally liable in accordance with the law.

Chen said such terms fail to clearly define what conduct is prohibited.

"In a country governed by the rule of law, legal provisions should allow people to know how to comply and clearly define where the boundaries are," Chen said. "This law is unable to provide a clear definition because it is, in itself, a highly politicized law."

Chen also cited Article 31 of the law, which bans organizations and individuals from producing or disseminating text, images, audio or video containing content that undermines ethnic unity and progress.

Taiwanese people posting on social media about their Taiwanese identity, opposition to Chinese coercion or opposition to armed unification could potentially be deemed by Beijing as violating the law, she said.

When combined with the law's long-arm jurisdiction, as well as Article 54, which establishes a complaint and reporting mechanism, such provisions could have a "chilling effect" in Taiwan, Chen added.

Risks for Taiwanese businesses

The legal scholar also warned that the law could create additional risks for Taiwanese businesses operating in China.

Under Article 60, companies and organizations are required to promptly stop any acts within their units that "undermine ethnic unity and progress," and responsible personnel could face legal liability if they fail to do so and cause "adverse consequences or impact," she said.

For Taiwanese businesses in China, this means they may not only be held responsible for their own corporate conduct, but could also be expected to manage their employees' behavior, publicity materials and even internal discussions involving issues such as Taiwanese identity or Taiwan's status, Chen observed.

In another example, Chen said Taiwanese businesses may need to issue corporate compliance statements under international supply chain requirements, such as declaring that their factories do not use forced labor from Xinjiang.

However, such a statement could potentially be interpreted by Beijing as "smearing" China's ethnic policies in coordination with external forces, she said.

"The existence of such risks could lead people to self-censor," Chen added.