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New Law Signals China’s Intentions To Accelerate International Counter-Terrorism Cooperation – Analysis

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By D. S. Rajan*

To deal with the increasing challenges from terrorism to its interests both at home and abroad, the People’s Republic of China (PRC) has enacted a new counter-terrorism law, stipulating inter alia formation of national and regional counter-terrorism agencies. The law contains a firm indication that the country is poised to give a big push to its international counter-terrorism cooperation; for countering the emerging grave threats to the global stability and prosperity from terrorist forces like the Islamic State, the indication should be welcome to the outside world. Nevertheless, China should make sure that its stated desire to be a part of global “united front” against terror is not motivated by self-interests but by interests common   to all affected nations. It must, especially, take a clear position against all cases of state sponsored terrorism.

With respect to the particular case of well-known Pakistan’s state-sponsored terrorism against India, it is being widely felt that the PRC has so far shown an inclination to give a clean chit to Islamabad administration and blame only non-state actors; on the contrary, the world knows that without support from some state organs in Pakistan, terrorist elements from that country cannot launch attacks in India, for e.g the one that happened in Pathankot. This being so, there are reasons to believe that China is becoming more and more sensitive to India’s terrorism concerns. In this regard, the progress seen in the recent Beijing- New Delhi talks on counter terrorism cooperation looks commendable. The talks should proceed further, on the basis of realization by the two sides that they can learn from each other as Jihadi elements of the same nature target both – in China’s Xinjiang and India’s Kashmir.  If talks lead to   China’s recognition of the indirect involvement of Pakistan state in terrorist acts against India and giving up accordingly of its pro-Pakistan stand held so far on terrorism issue, the same are certain to contribute to removing an irritant in Beijing-New Delhi relations; in a larger perspective, that will also favorably impact on eliminating the strategic mistrust as a whole, which continues to bedevil such relations till today.

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The concept of “terrorism”, broadly understood in the present era as one denoting   acts of violence by the concerned actors against authorities perceived by them as misusing their powers, did not exist in Imperial China. It is true that during the rule by various dynasties, a justification was extended to resorting of political violence against rulers who lacked propriety and virtue and thus lost the ‘mandate of heaven (for e.g. overthrow of Shang dynasty by that of Zhou in 1046 BC); such past dynamics can be said to form the basis for contemporary Chinese understandings of political violence. Mao believed that violent social revolution by the working class against its class enemy is justified. But for People’s Republic of China (PRC), terrorist violence is different from political and social violence justified by Mao and needs to be fought.  It approaches terrorist violence in terms of the need to fight what is called “three evils” (ethnic separatism, religious extremism and violent terrorism) which in its view require to be crushed especially in Xinjiang and Tibet.

The PRC is facing terrorist violence in Xinjiang since early nineties. Ethnic riots, bombings and attacks on people are happening in that province regularly- incidents took place in 1992, 1997, 2009, 2010, 2011, 2013, 2014 and 2015.  In the July 2009 Urumqi riots, 140 were killed and 828 injured. The October 2013 incident of car ramming by an individual shocked the nation as it took place in Beijing’s Tian An Men square; it killed 5 and injured 40. The authorities charged that the attack was the work of the separatist East Turkestan Islamic Movement (ETIM). The March 2014 Kunming Railway Station attack killed 29 and wounded 130 for which officials blamed Xinjiang separatists.  The riots which occurred  on July 28, 2014,  in Shache County (also known as Yarkand in the Uighur language) were  the biggest since the one witnessed in the capital Urumqi in 2009; nearly  100 were killed, and 215 arrested in Shache. On September 18, 2015, a separatist attack happened at the Sogan colliery in Aksu.

Incidents of separatist violence on the part of Tibetans included the one occurred in Lhasa in 1996, in Chengdu in 2002 and again in Lhasa in 2008. The last mentioned protest saw the authorities calling it a separatist act and arresting nearly 660 people. In September 2015, Aba country (Tibetan name- Ngaba) witnessed ethnic protests. Then, there are the continuing Tibetan self immolations since February 2009; its number stood at 138 as of April 11, 2015.  China calls the immolations “terrorism in disguise”.  It also ascribes terrorist motives to Tibetan exiles who call for independence. In both the cases of Xinjiang and Tibet, the government has launched strike –hard campaigns to suppress the alleged terrorist tendencies.

The PRC is becoming more and more sensitive also to external factors involved in terrorism in Xinjiang and Tibet. It believes that the ETIM, already declared a terrorist outfit and banned in the country, has ties to the al-Qaeda, Pakistan Taliban and the Islamic Movement of Uzbekistan and has set up training camps modeled on those of Al Qaeda and the Islamic State (IS) in Pakistan’s North Waziristan region.  China recognizes the presence of ETIM camps in Pakistan; the PRC foreign ministry spokesperson praised Pakistan’s contribution to counter terrorism by launching air raids on terror camps in North Waziristan (Xinhua, June 18, 2014). China must not be missing the IS declaration that the liberation of Islamic Xinjiang from China is its objective.  The PRC is certain to notice the seriousness of terrorism- related developments like the murder of three Chinese executives on November 20, 2015   when Islamic militants stormed a hotel in Bamako, the capital of Mali, the announcement of the IS in one of its online magazines about murdering a Chinese captive, Fan Jinghui[1],  terror attacks in Paris, the bombing of a Russian passenger jet over Egypt, and the executions of hostages done by the IS.

Since the year 2000, the United Nations General Assembly has been discussing a Comprehensive Convention on International Terrorism; the process remains inconclusive and there is so far no definition of the term “terrorism”, acceptable to all countries. Admittedly, the UN Security Council Resolution No. 1566 of 2004  had very nearly defined the term; it referred to “considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature” as motives behind terrorism acts.

In the circumstances mentioned above, the adoption of a document entitled “Counter-Terrorism Law of the People’s Republic of China” (herein after called the Law), at the 18th session of the   Standing Committee of National People’s Congress (Beijing, December 27, 2015) assumes significance. It is the first such law to be passed in the PRC.  The Law, to be effective from January 1, 2016, consists of 97 articles falling under 10 Chapters and states that it is “drafted in accordance with the Constitution in order to prevent and punish terrorist activities, strengthen counter-terrorism efforts and to safeguard the security of the state, the public, and the lives and properties of the people”. Its unofficial full English translation is at Appendix below for record.

The Law’s definition of the term “terrorism”, given below, deserves attention:

“Terrorism is any proposition or activity — that, by means of violence, sabotage or threat, generates social panic, undermines public security, infringes on personal and property rights, and menaces government organs and international organizations- with the aim to realize certain political and ideological purposes”.

Beijing’s stand is that in Xinjiang, “ethnic relations featuring equality, unity, mutual assistance and harmony are reflected in every aspect of social life”[2] and that in Tibet, “the people of all ethnic groups enjoy equality, unity, mutual support and harmony.” [3]  China seems to make clear on this basis that there are no “ethnic problems” in the two provinces, though others may challenge this formula. As such, the non-inclusion in the Law of ‘religious’ or ‘ethnic’ purposes as motives for terrorism, should not come as a surprise.   The country’s perception, as could be discerned from the Law’s definition of “terrorism”, seems to be that politics and ideology, not ethnicity, are main factors behind terrorism in Xinjiang and Tibet and that the State has been able to deal with them effectively. For the PRC, such factors may specifically include the demands for Eastern Turkestan Independence and   genuine autonomy for Tibet as well as the emerging IS threat to Xinjiang security with some Uighur separatists already joining it. [4]

Following are comments on important stipulations in the Law:

  • Setting up of New counter-terrorism agencies: The Law provides for “establishing a national institution to lead and direct counter-terrorism work, unifying leadership and command of counter-terrorism efforts for the entire nation”. A National Counter-Terrorism Intelligence Centre will also be set up.  Governments of and above city level shall also set up counter-terrorism leading organs while those at county level can set up such organs if necessary. These steps look positive in ensuring the needed organizational efficacy to deal with counter terrorism imperatives which have newly arisen.
  • Silence on state-sponsored terrorism. The Law says, “The State opposes terrorism of any form. The State makes no compromise with terrorist organizations and individuals”.  This being so, there is no direct mention in it about state-sponsored terrorism.  Why such omission? The answer may lie in China’s policy so far not to criticize its close allies on terrorism issues, probably for strategic reasons; in particular, Beijing avoids condemning Pakistan’s known sponsorship of terrorism against India. It had always been refraining from naming Pakistan- based terrorist organizations like Jaish E Mohammad (JEM), Lashkar- e- Tayyaba (LET) and Hizbul Mujahedeen for their terrorist activities in India. It had stalled moves in the UN to censure the LET and blocked India’s proposals in the UN demanding action against Pakistan over the release of Mumbai 26/11 mastermind Zaki-ur-Rahman Lakhvi.

While there is still no change in China’s pro-Pakistan policy on terrorism, of late, Beijing seems to be a conveying a subtle message to New Delhi that it may be willing to address India’s concerns on terrorism. As examples, with regard to the terrorist attack in India’s Pathankot air base, China has said[5] that “in dealing with counter terrorism issues, the Chinese side will continue to adopt a fact-based, objective and unbiased position and follow relevant resolutions and regulations of the UN Security Council.” A similar message can also be seen in the Joint Statement[6] on internal security of India and China which marked new areas for cooperation in meeting counter-terrorism challenges, exchanging information on terror groups and streamlining channels of communication on security-related issues. Through the Statement, the two nations agreed to coordinate positions on anti-terrorism endeavors at regional and multilateral levels, support each other and promote exchanges by groups of counter-terrorism experts to discuss counter-terrorism cooperation.

  • Still unclear human rights, media freedom aspects:  One has to wait and see how the Law will guarantee human rights and religious, media and internet freedom in China.  It says that “in counter-terrorism work, human rights shall be respected and guaranteed, and citizens’ freedom of religious belief and ethnic customs shall be respected”. It stresses that “The state opposes all forms of using distorted religious teachings or other means to incite hatred or discrimination, to advocate violence and other extremism; eliminating terrorism’s ideological basis”. The authorities may face a test in implementing such provisions, which look too broad and have potentials for use against dissidents and ethnic and religious minority people. Moreover, sweeping powers have been given to counter-terrorism agencies under the Law. As far as the media freedom is concerned, the Law prohibits the media including the social media from “fabricating or disseminating information on forged terrorist incidents, report on or disseminate details of terrorist activities that might lead to imitation, nor publish scenes of cruelty or inhumanity about terrorist activities”. This definitely appears restrictive.  Another point relates to the Law’s stipulation that operators of telecommunications and Internet services should offer technological assistance and cooperation with security departments to help prevent and investigate terrorist activities. True, it is less harsh than the one figured in the draft law, but still there seems to be some inclination to control these services.
  • Provision for dealing with terrorism overseas: Interesting is the Law’s grant of powers to the State to deal with terrorism outside the PRC and permission to the People’s Liberation Army to get involved in anti-terrorism operations abroad, which are bound to have implications for China’s foreign relations. The Law says, “The People’s Republic of China exercises criminal jurisdiction and lawfully pursues criminal responsibility for terrorist activity crimes committed against the State of the People’s Republic of China, or the citizens or organizations thereof outside the territory of the People’s Republic of China, and terrorist activity crimes committed that are stipulated in international treaties concluded with or joined by the People’s Republic of China”. It adds “Departments of the State Council such as  foreign affairs, public security, national security, development and reform, industry and informatization, commerce, or tourism shall establish risk assessment systems for overseas investment cooperation and travel, and increase security protections for Chinese citizens abroad, and organizations, facilities or assets based outside the mainland territory, to prevent and respond to terrorist attacks”.
  • Strong Signals for International Counter-Terrorism Cooperation: The Law gives a positive outlook for China’s future global counter-terrorism cooperation. It provides for “a new national counter-terrorism intelligence centre functioning as a coordinator not only between Chinese government bodies, but also in making trans-regional efforts on counter-terrorism intelligence and information.” The PRC foreign minister Wang Yi, speaking on the sidelines of G-20 summit (Turkey, November 2015)  has given a call to  the international community to form a “united front to combat terrorism” in the aftermath of Paris attacks.  A senior official (Liu Xinhua, at the March 2015 session of the National Committee of the Chinese People’s Political Consultative Conference, Xinhua, March 2, 2015)   said that China regards its neighboring countries in South Asia, Central Asia and Southeast Asia as its key partners in the global fight against terrorism. He added that the country has set up counter-terrorism cooperation mechanisms with more than 10 countries, has engaged in substantive cooperation in information sharing, intelligence verification, case cooperation and capacity building and taken part in multilateral counter-terrorism mechanisms.

To sum up, in response to increasing challenges from terrorism to its interests both at home and abroad, the PRC is coming under compulsions to enact necessary laws, form new counter-terrorism agencies and start an active round of counter-terrorism international collaboration. The last mentioned is certainly a good thing for the world, the stability and prosperity of which are being threatened by a fresh wave of terrorism from forces like the Islamic State. China should at the same time make sure that its desire to be a part of global “united front” against terror is not motivated by self-interests but by interests common   to all concerned nations. With respect to the particular case of Pakistan’s state-sponsored terrorism against India, the PRC seems to have an inclination to give a clean chit to Islamabad administration and blame only non-state actors whereas the world knows that without support from some state organs in Pakistan, terrorist elements from that country cannot launch attacks in India, for e.g in Pathankot. While noting the progress achieved in the recent New Delhi-Beijing talks on counter terrorism cooperation, we, in India, hope that China would ultimately realize the indirect involvement of Pakistan state in terrorism against India and accordingly give up its pro-Pakistan stand held so far on terrorism issue. Any positive response from Beijing on this count, will significantly contribute to reducing the level of strategic mistrust existing between China and India.

*The writer, D.S. Rajan, is Distinguished Fellow, Chennai Centre for China studies, Chennai, India.email:[email protected].

Appendix

Counter-Terrorism Law of the People’s Republic of China (translated by chinalawtranslate,

December 27, 2015)

http://chinalawtranslate.com/%E5%8F%8D%E6%81%90%E6%80%96%E4%B8%BB%E4%B9%89%E6%B3%95-%EF%BC%882015%EF%BC%89/?lang=en

(Passed at the 18th Session of the Standing Committee of the 12th National People’s Congress on December 27, 2015).

Chapter I: General Provisions

Chapter II: Designation of Terrorist Organizations and Personnel

Chapter III: Security and Prevention

Chapter IV: Intelligence Information

Chapter V: Investigation

Chapter VI: Response and Handling

Chapter VII: International Cooperation

Chapter VIII: Safeguard Measures

Chapter IX: Legal Responsibility

Chapter X: Supplementary Provisions

Chapter I: General Provisions

  • Article 1: This Law was drafted in accordance with the Constitution in order to prevent and punish terrorist activities, strengthen counter-terrorism efforts and to safeguard the security of the state, the public, and the lives and properties of the people.
  • Article 2: The State opposes all kinds of terrorism, bans terrorist organizations according to law, and pursues legal responsibilities of anyone who organizes, plots, prepares to carry out, or carry out terrorist activities; or who advocates terrorism, incites to commit terrorist activities, organizes, leads, joins terrorist organizations, or aids terrorist activities.

The State does not make compromises to terrorist organizations or offer asylum or give refugee status to any terrorist activity personnel. refugee status to any terrorist activity personnel.

  • Article 3: “Terrorism” as used in this Law refers to propositions and actions that create social panic, endanger public safety, violate person and property, or coerce national organs or international organizations, through methods such violence, destruction, intimidation, so as to achieve their political, ideological, or other objectives.

“Terrorist Activities” as used in this law refers to the following acts of a terrorist nature:

(1) Activities that seriously harm society such as organizing, planning, preparing for, or carrying out any of the following conduct so as to cause injuries to persons, major property damage, damage to public facilities, or havoc in public order;

(2) Advocating terrorism, inciting others to commit terrorist activities, unlawfully possessing items that advocate terrorism, or compelling others to wear or bear clothes or symbols that advocate terrorism in a public place;

(3) Organizing, leading, or participating in a terrorist organization;

(4) Providing information, capital, funding, labor, technology, venues or other support, assistance or facilitation for terrorist organizations, terrorist activity personnel, or the commission of terrorist activities;

(5) Other terrorist activities.

“Terrorist organization” as used in this Law refers to a criminal organization of three persons or more which has been formed to carry out terrorist activities.

“Terrorist personnel” as used in this Law refers to people who carry out terrorist activities and members of terrorist organizations.

“Terrorist incident” used in this Law refers to terrorist activity in the process of       occurring or which has already occurred and which has caused or may cause significant harm to society.

  • Article 4: The state includes counter-terrorism in the national security strategy, comprehensive strategizing to address both the symptoms and root causes, strengthening the establishment of capacity to fight terrorism; and using political, economic, legal, cultural, educational, diplomatic and military means, to carry out counter-terrorism efforts.

The state opposes all forms of using distorted religious teachings or other means to incite hatred or discrimination, to advocate violence and other extremism; eliminating terrorism’s ideological basis.

  • Article 5: Counter-terrorism efforts adhere to the principles of combining specialied efforts with the mass line, emphasizing prevention, combining punishment and prevention and anticipating the enemy’s moves, and remaining proactive.
  • Article 6: Counter-terrorism work shall be conducted in accordance with law, respect and protect human rights, and preservation of citizens’ and organizations’ lawful rights and interests.

Citizens ‘ freedom of religious belief and ethnic customs shall be respected in counter-    terrorism efforts, and any practices discriminating on the basis of geography, ethnicity or religion is prohibited.

  • Article 7: The State establishes a leading institution on counter-terrorism efforts, unifying leadership and command of counter-terrorism efforts for the entire nation.

The people’s governments of directly governed localities and above establish leading institutions on counter-terrorism efforts; county level people’s governments accordingly must establish leading institutions on counter-terrorism efforts; the responsible localities’ anti-terrorism efforts are under the leadership and command of higher level leading institutions on counter-terrorism efforts.

  • Article 8: Public security organs, national security organs and people’s procuratorates, people’s courts, judicial-administrative organs and other relevant state organs shall perform counter-terrorism efforts well in accordance with their division of labor and implement work accountability systems.

The Chinese People’s Liberation Army, the Chinese People’s armed police forces and people’s militia organizations prevent and handle terrorist activities under the deployment of leading institutions for counter-terrorism efforts and following this Law and other relevant laws, administrative regulations, military regulations and the decrees of the State Council and the Central Military Commission.

Relevant departments shall establish a joint coordination mechanism that relies upon and mobilizes villagers’ committees, residents’ committees , enterprises and public institutions, and societal organizations to jointly develop counter-terrorism efforts.

  • Article 9: All units and individuals have the obligation to assist and cooperate with relevant government authorities in carrying out counter-terrorism efforts, and where discovering suspected terrorist activities or suspected terrorist individuals, shall promptly report to the public security organs or relevant departments.
  • Article 10: In accordance with relevant state regulations, the government will give commendation and rewards to those individuals or units who make an outstanding contribution to the reporting of terrorist activities or assisting in prevention of terrorist activities.
  • Article 11: The People’s Republic of China exercises criminal jurisdiction and lawfully pursues criminal responsibility for terrorist activity crimes committed against the State of the People’s Republic of China, or the citizens or organizations thereof outside the territory of the People’s Republic of China, and terrorist activity crimes committed that are stipulated in international treaties concluded with or joined by the People’s Republic of China.

Chapter II: Designation of Terrorist Organizations and Personnel

Chapter II: Designation of Terrorist Organizations and Personnel

Chapter III: Security and Prevention

Chapter IV: Intelligence Information

Chapter V: Investigation

  • Article 49: Public security organs receiving a report of suspected terrorist activity, or discovering suspected terrorist activity, that requires investigation and verification, they shall quickly conduct an investigation.
  • Article 50: Public security organs investigating suspected terrorist activities may follow relevant legal provisions to interrogate, check on, or summon suspected persons, and may collect or gather images, finger prints, iris imaging, and other physiological identifying information, and also blood, urine, exfoliated skin cells and other biological samples, and store their signature.

Public security organs investigating suspected terrorist activity may notify persons that understand the relevant circumstances to come to the public security organ or other location for questioning.

  • Article 51: Public security organs investigating suspected terrorist activities have the right to gather and collect relevant information and materials from relevant units and individuals. Relevant units and individuals shall truthfully provide it.
  • Article 52: Upon approval by a public security organ at the county level or above, public security organs investigating suspected terrorist activities may make inquiries into suspects’ deposits, remittances, bonds, stocks, fund shares and other assets, and may employ measures to seal, seize or freeze them. The period for sealing, seizure, or freezing must not exceed 2 months, but where the circumstances are complicated, this may be extended by one month upon the approval of the responsible party for the public security organ at the level above.
  • Article 53:Upon approval by the responsible party for a public security organ at the county level or above, public security organs investigating suspected terrorist activities may order persons suspected of terrorist activities to comply with one or more of the following restrictive measures, based on the extent of the threat:

(1)Must not leave their city or county of residence, or designated residence, without permission of a public security organ;

(2)must not participate in large scale mass activities, or engage in specified activities;

(3) must not ride on public transportation or enter specified venues without approval by the public security organs;

(4)must not meet or communicate with specified persons;

(5) periodically report on activities to the public security organs;

(6) hand over passports or other entry and exit documents, id cards or drivers licenses to the public security organs organ for keeping.

Public security organs may employ electronic surveillance, random inspections and other methods to monitor compliance with restrictive conditions.

The period for restrictive measures provided for in the preceding two paragraphs must not exceed 3 months. Where it is not necessary to continue employing restrictive measures, they shall be promptly removed.

  • Article 54: Public security organs discovering criminal facts or suspects through investigation, shall follow the Criminal Procedure Law file and investigate the case. Where the time periods provided for in this chapter are completed but the public security organs have not filed a case for investigation, relevant measures shall be removed.

Chapter VI: Response and Handling

Chapter VIII: Safeguard Measures

      (5) Other necessary protective measures.

Chapter IX: Legal Responsibility

  • Article 79:Pursue criminal responsibility in accordance with law of those who organize, plan, prepare to implement, or carry out terrorist activities; or who advocate terrorism, who incite the carrying out of terrorist activities; who illegally posses items advocating terrorism; who force others to wear clothes or symbols advocating terrorism in public places; who organize, lead, or join terrorist organizations; who provide aid to terrorist organizations, terrorist personnel, the execution of terrorist activities or terrorist activity training.
  • Article 80:The public security organs will impose 10 to 15 days detention, and may give a concurrent fine of up to 10,000 yuan for participation in any of the following activities where the circumstances are minor and do not constitute a crime:

(1) Advocating terrorism or extremism, or inciting the commission of terrorist or extremist acts;

(2) Manufacturing, disseminating, or unlawfully possessing items that advocate terrorism or extremism;

(3) Compelling others to wear or bear clothes or symbols that advocate terrorism or extremism in a public place;

(4) Supplying support, aid, or facilitation to the advocacy of terrorism or extremism or the commission of terrorist or extremist activities.such as by providing information, financing, supplies, labor services, technologies, or venues.

  • Article 81:Where extremism is exploited to carry out any of the following conduct, and the circumstances are minor and do not constitute a crime, the public security organs will impose 10 to 15 days detention, and may give a concurrent fine of up to 10,000 yuan:

(1) Forcing others to participate in religious activities, or forcing others to supply properties or labor services to religious activity venues or religious or clerical personnel;

(2) Using methods such as intimidation or harassment to drive personnel of other ethnicities or having other faiths away from their places of residence;

(3) Using methods such as intimidation or harassment to interfering with others from having contact with or living with persons of other ethnicities or persons who believe in other religions;

(4) Using methods such as intimidation or harassment to interfere in the habits and ways of life of other persons, or in production or management;

(5) Obstructing the lawful performance of duties by state organ personnel;

(6) Distorting or demeaning State policies, laws, or administrative regulations, or inciting or abetting the boycott of the lawful administration by the people’s governments;

(7) Inciting or coercing the public to mutilate, or intentionally mutilating national legal    documents such as resident identification cards, household registers or Renminbi;

(8) Inciting or coercing others to hold religious ceremonies in place of marriage or divorce registration ;

(9) Inciting or coercing minors to not receive compulsory education;

(10) Other acts of using extremism to obstruct the implementation of the national legal system.

  • Article 82: Public security organs will impose 10 to 15 days detention, and may give a concurrent fine of up to 10,000 yuan to those who conceal or harbor others while fully aware of their terrorist or extremist criminal activities, where the circumstances are minor, and do not constitute a crime; or to those who refuse to comply when judicial organs make inquiries to them about relevant situations or try to collect relevant evidence from them.
  • Article 83:Where financial institutions and specified non-financial institutions do not immediately freeze capital or other assets of organizations or individuals that the national leading institution for counter-terrorism efforts has announced are terrorist organizations or terrorist activity personnel, a fine of between 200,000 to 500,000 yuan is given by the public security organs, and a fine of up to 100,000 yuan is given to directly responsible trustees, high level managers and other directly responsible personnel; where circumstances are serious, the fine is up to 500,000 yuan [for the institution], and between 100,000 and 500,000 yuan for the directly responsible trustees, high level managers and , and other directly responsible personnel, and 5-15 days of detention may be concurrently given.
  • Article 84:In any of the following circumstances, the competent departments shall fine telecommunications operators or internet service providers between 200,000 and 500,000 yuan, and fine directly responsible managers and other directly responsible personnel up to 100,000 yuan; where circumstances are serious, the fine is 500,000 or more, and directly responsible managers and other directly responsible personnel are fined between 100,000 and 500,000 yuan, and the public security organs may detain directly responsible managers and other directly responsible personnel for between 5 and 15 days:

(1) Not providing technical interfaces, decryption and other technical support assistance to public security organs and state security organs conducting prevention and investigation of terrorist activities in accordance with law.

(2) not following a competent department’s request to stop transmission, delete information that has terrorist or extremist content, store relevant records, or to close down relevant websites, or shut down related services;

(3) Not putting into place systems for network security and supervision of information content, technological security precautionary measures, causing the transmission of information with terrorist or extremist content; where the circumstances are serious.

  • Article 85: In any of the following circumstances, the competent departments shall fine railway, public highway, maritime, and aviation units shipping, post , courier and other logistics operations, between 100,000 and 500,000 yuan, and fine directly responsible managers and other directly responsible personnel up to 100,000 yuan:

(1) Not implementing safety inspection systems and checking customer identities or not conducting safety inspections of transported or delivered goods or opening them for visual         inspection.

(2) transporting or shipping items for which transport or shipping is prohibitted, that pose a major safety risk, or that customers refuse to allow a safety inspection of;

(3) Not carrying out a registry system for transport and shipping customer identification, and item information.

  • Article 86:Where telecommunications, internet, and financial business operations or service providers do not follow provisions to conduct checks of customer identification or provide service to those whose identity is unclear or who refuse to allow inspection of their identification; the competent departments shall order corrections, and where corrections are refused, give a fine of between 200,000 and 500,000 yuan, and fine directly responsible managers and other directly responsible personnel up to 100,000 yuan; where circumstances are serious, the fine is 500,000 or more, and directly responsible managers and other directly responsible personnel are fined between 100,000 and 500,000 yuan.

Where lodging, long-distance passenger transport, or motor vehicle rental business operators and service providers have any of the situations provided in the preceding paragraph, the competent departments shall give a fine of between 100,000 and 500,000 yuan, and fine directly responsible managers and other directly responsible personnel up to 100,000 yuan.

  • Article 87:In any of the following circumstances where there are violations of this law, the competent departments will be give a warning and order corrections; where corrections are refused, a fine of 100,000 yuan is given, and the principle responsible person and other directly responsible personnel are fined 10,000 yuan:

(1) Provisions were not followed to make digital tracking markers for guns and other weapons, ammunition, dangerous chemicals, civil-use explosives, and nuclear or radioactive materials, and attach inspection markers to civil-use explosives:

(2) Provisions were not followed in the course of operations to conduct monitoring via a positioning system of the means of transport for hazardous chemicals, civil-use explosives, or nuclear or radioactive materials.

(3) Provisions were not followed to conduct strict oversight and management of contagious disease pathogens and other such substances, and the circumstances are serious;

(4) Competent departments under the State Council or provincial level people’s government’s decisions on controls or trade restriction measures for controlled instruments, hazardous chemicals or civil-use explosives were violated.

  • Article 88:In any of the following circumstances where units managing or operating key targets for protection against terrorist attacks, violate provisions of this law, the public security organs will give a warning and order corrections; where corrections are refused a fine of up to 100,000 yuan is given, and the directly responsible responsible managers and other directly responsible personnel are fined up to 10,000 yuan:

(1) Plans and measures for preventing and responding to terrorist activities have not been formulated;

(2) Systems for ensuring funding for the special counter-terrorism have not been established; or prevention and handling equipment and facilities have not been allotted.

(3) Working institutions or responsible personnel have not been put in place.

(4) Background investigations of personnel in key posts have not been conducted or personnel with inappropriate circumstances, have not had their position adjusted.

(5) Security personnel, and related equipment and facilities, were not alloted for public transport in accordance with provisions.

(6) Systems ensuring the normal operations of the public security video information systems such as for monitoring, storing and using information, operations and maintenance were not established.

Where units organizing large-scale activities and management units for key targets have not followed provisions to conduct safety inspections of persons, items, and transports entering key targets such as large-scale venues, airports, railway stations, docks, municipal light rail stations, and long-distance passenger stations, or ports, the public security organs shall order corrections, and where corrections are refused give fines of up to 100,000 and fine directly responsible managers and other directly responsible personnel up to 10,000 yuan.

  • Article 89:Where suspected terrorist personnel violate public security organs’ orders that they obey restrictive measures, the public security organs give warnings and order rectification; where rectification is refused, the punishment is between five and fifteen days detention.
  • Article 90:Where news media and other units create or disseminate false information on terrorist incidents, report or transmit details on the implementation of terrorist activities that might lead to their implementation, release gruesome or inhumane scenes from terrorist incidents, or, without permission, report or transmit the identity information of on-scene response personnel or hostages and response activity, the public security organs give a fine of up to 200,000 yuan, detain directly responsible managers and other directly responsible personnel between 5-15 days, and may give concurrent fines of up to 50,000 yuan.

Where individuals exhibit the conduct in the preceding paragraph, the public security organs will impose 10 to 15 days detention, and may give a concurrent fine of up to 10,000 yuan.

  • Article 91: Refusal to cooperate with relevant departments counter-terrorism safety precautions, intelligence information, investigation, or response and handling efforts, is given a a fine of up to 2,000 yuan by the relevant departments; where serious consequences are caused, 5-15 days of detention is given, and a  fine of up to 10,000 yuan may be given concurrently.

Where units have the conduct provided for in the preceding paragraph, a fine of up to 50,000 yuan is given by the relevant departments, and where serious consequences are caused, the fine is up to 100,000; the principle responsible managers and other directly responsible personnel are fined in accordance with the preceding paragraph.

  • Article 92: Where relevant departments are obstructed in initiating counter-terrorism efforts, between 5 to 15 days of detention is given by the public security organs, and a fine of up to 50,000 yuan may be given concurrently.

Where units have the conduct provided for in the preceding paragraph, a fine of up to 200,000 yuan is given by the public security organs, and the principle responsible managers and other directly responsible personnel are fined in accordance with the preceding paragraph.

Obstructing the people’s police, people’s liberation army or people’s armed police in the lawful performance of their duties, is given harsh punishment.

  • Article 93:Where units violate the provisions of this law and the circumstances are serious, they are ordered to stop engaging in the relevant business or provision of services, or to stop production and operations by the competent departments; and where serious consequences are caused, licenses are revoked or registration withdrawn.
  • Article 94: Where personnel of leading institutions for counter-terrorism efforts abuse their power, neglect their duties or misuse their power for individual benefit, have conduct such as disclosing state secrets, commercial secrets or individuals’ private information in violation of the regulations; if a crime is constituted, pursue criminal responsibility in accordance with law, and if no crime was constituted give a sanction.

Where leading institution for counter-terrorism efforts or relevant departments, as well as their staffs, abuse their power, neglect their duties or misuse their power for individual benefit or have other conduct violating laws or discipline, all units and individuals have the right to report it or make an accusation to the competent department. After relevant departments receive a report or accusation, they shall promptly handle it and respond to the informant or accuser.

  • Article 95: Where it is discovered that items, capital and so forth sealed, seized, frozen, held or taken in accordance with the provisions of this law have no relation to terrorism, the relevant measures shall be promptly released and they shall be returned.
  • Article 96: Where relevant units or individuals are unsatisfied with a decision under this law to give administrative punishment or impose administrative compulsory measures, they may apply for an administrative reconsideration or raise an administrative lawsuit in accordance with law..

Chapter X: Supplementary Provisions

  • Article 97: This Law takes effect from January 1, 2016. The Decision of the Standing Committee of the National People’s Congress on Relevant Questions Concerning the Strengthening of Counter-Terrorist Work, passed by the 23rd Session of the Standing Committee of the 11th National People’s Congress on October 29, 2011, is abolished at the same time.

[1] China’s Islamic terror probe, Jayadeva Ranade, rediff.com news, October 5, 2015 http://www.rediff.com/news/column/chinas-islamic-terror-problem/20151005.htm

2 White Paper on Development and Progress in Xinjiang, china.org.cn, September 21, 2009, http://www.chinadaily.com.cn/ethnic/2009-09/21/content_8717461_7.htm

[3] Regional ethnic autonomy suits Tibet, China: white paper Sept. 6 (Xinhua) http://news.xinhuanet.com/english/2015-09/06/c_134593837.htm

4 Zhang Chunxian, Xinjiang  Party secretary, at National People’s Congress, March 2015; Guy Taylor,   China warns that Uighurs joining Islamic State fight are bringing terror home,   The Washington Times,  March 10, 2015; http://www.washingtontimes.com/news/2015/mar/10/china-says-uighurs-bring…

5 Will Adopt ‘Unbiased’ Approach To India’s Move For UN Ban On Jaish: China; PTI, January 13, 2016  http://www.ndtv.com/india-news/will-adopt-unbiased-approach-to-indias-mo…

[6] Joint Statement between the Ministry of Home Affairs and the Ministry of Public Security of the People’s Republic of China, http://pib.nic.in/newsite/PrintRelease.aspx?relid=131765 , Press Information Bureau, November 21, 2015.

SAAG

SAAG is the South Asia Analysis Group, a non-profit, non-commercial think tank. The objective of SAAG is to advance strategic analysis and contribute to the expansion of knowledge of Indian and International security and promote public understanding.

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