SINGAPORE: China has dropped a controversial clause in the latest draft of a public security law that would have punished anyone guilty of “hurting the feelings of the Chinese nation”, months after the proposal triggered backlash and concerns over potential abuse.
Released in September last year, the first draft of the Public Security Administration Punishments Law – which typically targets minor offences – had placed six acts in its crosshairs.
These included “wearing, displaying or decorating in public places, or forcing others to wear, display or decorate, clothing or symbols that are harmful to the spirit or the feelings of the Chinese nation”.
Offenders could face up to 15 days in detention and/or a maximum fine of 5,000 yuan (US$687).
The wording has been amended in the latest draft, which was submitted to China’s top legislature, the National People’s Congress (NPC), for a second review at its session late last month.
It now takes aim at clothing or symbols that “promote or glorify aggressive war or aggressive behaviour, causing a negative social impact”.
“DIFFICULT TO DEFINE”
The original phrasing was “subjective” and would make it “difficult to define its meaning in legislation and hard to grasp in law enforcement”, said Mr Shen Chunyao, deputy chairman of the NPC constitution and law committee, last week to the ruling Communist Party newspaper People’s Daily as quoted by South China Morning Post (SCMP).
“There is concern that law enforcement may infringe upon the legitimate rights and normal life of the public. Considering various factors and law enforcement needs, this draft revision will not use this expression anymore,” Mr Shen added.
The initial draft had sparked a public outcry over fears of potential abuse when made public in September 2023. Chinese legal experts also expressed concern that the amendments could be used arbitrarily, Reuters reported.
Mr Tong Zhiwei, a law professor in Shanghai, wrote on Weibo that month: “Who confirms the ‘spirit of the Chinese nation’ and according to what procedure? Who recognises the ‘feelings of the Chinese nation’ and according to what procedures?”
