Will Beijing sharpen its laws to punish ‘Taiwan separatists’?

Cross-strait tensions could spur efforts in Beijing to use legislation to target independence-seeking politicians in Taiwan, according to mainland observers.

While there is no timetable for the legislation, Beijing said last year that it was drawing up a blacklist of “ diehard Taiwanese separatists” and their financial supporters.

The list was seen as a warning to Taipei not to get too close to Washington, and came after former US secretary of state Mike Pompeo said Taiwan “has not been a part of China”.

Tensions over the island have continued to rise in the year since, particularly in recent weeks, with the People’s Liberation Army sending more than 150 military aircraft to the island’s air defence identification zone.

Chinese President Xi Jinping has also warned that secessionists on the self-ruled island – which he called “the biggest obstacle” for Beijing to realise reunification – would be “judged by history”.

But Taiwanese President Tsai Ing-wen has insisted that Taiwan will not be subordinate to the mainland.

Xi’s message was echoed on Wednesday when Ma Xiaoguang, spokesman for the mainland’s Taiwan Affairs Office, said Beijing was going beyond verbal threats to take practical action to deter independence forces on the island.

Beijing has yet to name anybody on the list but there have been discussions about adding targeted legislation and regulations to punish them, researchers said.

Wang Jianmin, a Taiwan issues specialist at Minnan Normal University in Fujian province, said Xi’s warning reflected Beijing’s determination to punish secessionists, including “use of the law to hold them accountable”.

“It will have a strong deterrent effect, and has been discussed by academics for quite a time,” Wang said.

Zheng Jian, a member of the National Society of Taiwan Studies, a non-governmental society for academic exchange, said the threat of punishment was a warning to secessionists to not get too close to the United States.

The US is the island’s main arms supplier and American troops have been on the island training the Taiwanese military for at least a year.

“Now that the United States is engaging in strategic competition with China, the Taiwan separatists are splitting the country with foreigners – who else to punish if not to punish you [secessionists]?” Zheng said.

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Mainland observers said the blacklist would be based on the mainland’s existing Anti-Secession Law, Criminal Law and National Security Law, all of which classify separatist activities as a crime with a possible punishment of life in prison.

The Anti-Secession Law was passed in 2005 and provides a legal framework for Beijing’s policies on Taiwan.

But a more specific and targeted law was needed to bring them to trial, the observers said.

“The more rampant Taiwan independence, the faster the reunification,” Zheng said.

“Without practical measures to punish them, the independence forces will only be more rampant.

“It would be better to have a clearer, and directed law specifically aimed at the independence forces, and it would be more convenient to implement.

“I totally agree and support a law to punish Taiwan independence forces and make them pay the price.”

Wang from Minnan Normal University said researchers had called for stronger laws on Taiwan but it was uncertain when that action would be on the official agenda.

“The national security legislation in Hong Kong gave a lot of inspiration to study Taiwan issues, as an enforcement mechanism is needed. Without it, it could be more difficult to implement and we will be more passive,” Wang said.

The mainland’s Taiwan Affairs Office did not reply to faxed requests asking whether they were on the agenda.