report in The Guardian, Sept 9, 2023
Proposed changes to a Chinese public security law to criminalise comments, clothing or symbols that “undermine the spirit” or “harm the feelings” of China have triggered the concern of legal experts, who say the amendments could be used arbitrarily.

The changes were first made public last week as part of a mandatory “soliciting opinion” process, as concerns mount about the increasingly authoritarian and nationalistic rule of China’s president, Xi Jinping.

This week, several legal scholars and bloggers wrote editorials and social media posts calling for the removal of certain articles in the draft.

One by Zhao Hong, a law professor at the China University of Political Science and Law, criticised the draft for its lack of legal clarity and the potential for abuse of public authority. By Wednesday, Zhao’s article was taken down from the Paper, an online state media outlet, but other discussion remains online.

The scholars and commentators encouraged the public to submit feedback on the draft and so far about 39,000 people have done so via the website of China’s parliament, the National People’s Congress (NPC).

“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?” wrote Tong Zhiwei, a constitutional studies scholar at the East China University of Political Science and Law, on his Weibo social media account.

Tong added: “If the NPC standing committee adopts this article as it is now drafted, law enforcement and judicial work will inevitably lead to the practical consequences of arresting and convicting people according to the will of the chief, and there will be endless harm.”

The parliament’s standing committee did not immediately respond to a request for comment.

Many people expressed their worries on Chinese social media, saying the amendments could lead to more censorship. Comments remained online on the Twitter-like platform Weibo, suggesting the varied feedback was still tolerated by authorities. Related hashtags recorded hundreds of thousands of impressions.

“Today they can prevent you from wearing certain clothes, tomorrow they can prevent you from speaking, then the day after they can prevent you from thinking,” said one person on Weibo.

“I don’t understand why anyone would support this law, don’t we already have enough pocket crime?” said another. “This is another satirical joke.”

In a post with more than 40,000 likes and 4,000 comments, Beijing News Radio, a state-controlled radio station, acknowledged there were “those who openly oppose the change” while also citing Zhao’s censored article. It urged the NPC to “pay attention to the concerns of the public and safeguard the rights of the citizens”.

The 2005 public security administration punishment law, which mainly covers minor offences, is being revised to make it more applicable to prevailing social realities, the state-owned Global Times newspaper said, without giving details.

An op-ed by the paper’s former editor, Hu Xijin, called for clarification of the legal terms. However, Hu also endorsed the “value orientation” of the law, saying “the spirit and the sentiments of the Chinese nation should not be hurt”.
https://www.theguardian.com/world/2023/sep/08/chinese-law-to-ban-things-that-harm-feelings-of-country-prompts-concern