Published: 10:25, July 31, 2023 | Updated: 10:50, July 31, 2023
Criticism of new Chinese legislation hypocritical
By Adrian Ho

The Law on Foreign Relations of the People’s Republic of China, which came into effect on July 1, reflects China’s increasing maturity and confidence in managing its foreign relations. Its enactment is a legitimate and responsible move of a sovereign country that is struggling with an ever-changing global environment and increasing external challenges.

China’s new foreign-relations law has prompted criticism and concerns from several nations, most notably the US, which argue that it poses a threat to their economy and national security interests. 

The US National Counterintelligence and Security Center (NCSC), for instance, warned in a report that the new law and other existing laws could compel people in China to assist Chinese intelligence operations.

“These laws provide the PRC government with expanded legal grounds for accessing and controlling data held by US firms in China,” stated the NCSC. 

“US companies and individuals in China could also face penalties for traditional business activities that Beijing deems acts of espionage or for actions that Beijing believes assist foreign sanctions against China,” it continued.

These allegations lack merit and exhibit hypocrisy. They expose US paranoia, hostility and bias against China. They also disregard the fact that, as long as foreign enterprises and individuals abide by Chinese rules and regulations, China will always respect and defend their lawful rights and interests in China. 

In fact, China has never used violence or coercion to compel anyone to cooperate with its intelligence agencies, nor has it ever engaged in anything to imperil the security of other nations or the rights of their citizens.

According to Jeremy Daum, a senior fellow at the Paul Tsai China Centre at Yale Law School, the new legislation does not “increase the risk for foreign businesses in China”.

Daum is right. In actuality, the US has been engaging in extensive and indiscriminate espionage on individuals across the world, including its allies, partners and adversaries. 

The US has employed coercion and intimidation to force other countries to join or endorse its anti-China campaign. Sanctioning China and other nations for defending and safeguarding their sovereignty and dignity is illegitimate and unjust.

In light of the fact that China’s new Law on Foreign Relations is legitimate and the sovereign decision implemented was accountable, the US lacks the moral or legal authority to criticize or interfere with it. 

The US must cease promoting disinformation about China, stop undermining China’s interests and relationships with other countries, and acknowledge China’s right to enact its own laws and policies. Furthermore, the US and China should cooperate more effectively in order to resolve differences and disputes, develop mutual trust and promote global peace and prosperity.

In accordance with Article 17 of the law, “The People’s Republic of China’s development of foreign relations is to persist in the preservation of the system of socialism with Chinese characteristics, preserve national sovereignty, unity, and territorial integrity, and serve the nation’s economic and social development.”

Essentially, the Law on Foreign Relations will provide China a legal foundation to safeguard its sovereignty, security and development interests, as well as to oppose foreign intrusion and sanctions, notably those imposed by the US. 

Over recent years, the US and its allies have hurled various slanderous accusations at China. They have also meddled in Chinese domestic affairs involving Hong Kong, Taiwan, the Xinjiang Uygur and Tibet autonomous regions, and the South China Sea. 

In an effort to curtail China’s rise and influence, they have implemented a variety of sanctions and restrictions on Chinese officials, entities and citizens.

The law emphasizes China’s independent foreign policy of peace, as well as its commitment to peaceful development and mutual benefit. It focuses on the values of mutual respect, equality and mutual benefit in international interactions, as well as peaceful coexistence. 

It also encourages China to participate actively in global governance and multilateral systems such as the United Nations, the World Trade Organization, and the Paris Agreement. China has always been a responsible member of the international community, a staunch defender of law-based international order, a significant contributor to global peace and development, and a leader in addressing global challenges such as climate change, poverty alleviation, public health and counterterrorism.

The new law is conducive to enhancing China’s foreign relations system, as well as its efficiency and coordination. It defines the obligations and responsibilities of various organizations and entities participating in international affairs, such as the central government, local governments, public institutions, enterprises, social organizations, and individuals. 

It also establishes a consultation, coordination and information-sharing framework. This will assist China in formulating and implementing a coherent and effective foreign policy that promotes national interests while responding to complex circumstances.

Additionally, this will be beneficial to promoting China’s opening-up and economic cooperation with other countries. It reaffirms China’s commitment and adherence to a policy of openness to the rest of the world based on mutual benefit. 

It will stimulate and promote China’s overseas commerce, investment and external economic cooperation, as well as the Belt and Road Initiative. It also condemns unilateralism and protectionism and advocates for a multilateral trading system and an open global economy.

Last but not least, the Law on Foreign Relations contributes to the protection and advancement of the Chinese people’s interests both at home and abroad. It stipulates that China respects other countries’ development pathways and social systems, and expects them to do the same.

It further specifies that China endorses the lawful rights and interests of Chinese citizens, legal persons, and other organizations abroad and offers consular assistance and security to them. It also solicits increased people-to-people and cultural exchanges with other countries. In its foreign relations, China has traditionally employed a people-centered approach, promoting mutual understanding, friendship and trust among people.

In essence, China’s new Law on Foreign Relations is a legitimate and responsible act that demonstrates its determination to protect national dignity and interests, uphold its foreign policy principles, enhance its foreign relations system, promote its opening-up and cooperation, protect the well-being of its people, and advance global peace and development.

The author is a Legislative Council member, founder of Save HK and a member of the Central Committee of the New People’s Party.

The views do not necessarily reflect those of China Daily.