China's National Security Law: Taiwan's Future?

China's National Security Law for Hong Kong could extend to Taiwan, according to analysts. The law covers four categories of offences, including secession, subversion, terrorist activities, and collusion with a foreign country or external elements to endanger national security. The legislation aims to stop and punish activities endangering national security and oppose the interference of any foreign or external forces. China has extradition treaties with 37 countries, and has requested the extradition of ethnic Uyghurs in Malaysia. The country has also reinforced the Anti-Secession Law with additional domestic laws that frame foreign engagement with Taiwan as a violation of its sovereignty.

The National Security Law for Hong Kong could extend to Taiwan

China's National Security Law for Hong Kong could extend to Taiwan. The law, which was signed by Chinese President Xi Jinping, covers four categories of offences: "secession, subversion, terrorist activities, and collusion with a foreign country or external elements to endanger national security". The law aims to "stop and punish activities endangering national security" and "oppose the interference ... by any foreign or external forces".

China has claimed Taiwan as part of its territory, despite the island's sometimes defiant self-rule of 80 years, and has not ruled out using force to reunite it with the mainland. China has reinforced the Anti-Secession Law with additional domestic laws that frame foreign engagement with Taiwan as a violation of its sovereignty. Among these, the National Security Law (2015) and National Defense Law (2020) authorise military action to defend China's claimed territory, including Taiwan.

The National Security Law for Hong Kong could be used to extradite people from Taiwan to China for trial. Chen Yi-fan, assistant professor of diplomacy and international relations at Tamkang University near Taipei, said: "As long as China can execute their jurisdiction within Chinese territory, Hong Kong and Macao, people who violate (the) national security law could be extradited to China for the trial, even if just transferring at Chinese airports".

The law may also extend to people who support the political causes of disenchanted Tibetans and Uyghurs, two Chinese ethnic minority groups that have clashed with Beijing's objectives. China has extradition treaties with 37 countries and has used them to request the extradition of ethnic Uyghurs in Malaysia, for example.

China's unification offer to Taiwan

China has reinforced the Anti-Secession Law with additional domestic laws, such as the National Security Law (2015) and National Defense Law (2020), which authorise military action to defend its claimed territory, including Taiwan. These laws frame foreign engagement with Taiwan as a violation of China's sovereignty.

The National Security Law for Hong Kong has already had an impact on Taiwanese individuals. In 2021, a 60-year-old Taiwanese scholar became the first Taiwanese person to be accused of breaking the law due to an article advocating for Hong Kong independence.

Analysts predict that people in Taiwan will become increasingly suspected of violating China's national security laws as time goes on. This could lead to extraditions to China for trial, even for those merely transferring at Chinese airports. China has extradition treaties with 37 countries and has used them to request the extradition of ethnic Uyghurs.

The Anti-Secession Law

China's National Security Law for Hong Kong could extend to Taiwan. The law covers four categories of offences, including "secession, subversion, terrorist activities, and collusion with a foreign country or external elements to endanger national security". It aims to "stop and punish activities endangering national security" and "oppose the interference of any foreign or external forces".

The law may also extend to people who support the political causes of disenchanted Tibetans and Uyghurs, two Chinese ethnic minority groups that have clashed with Beijing's objectives. China has extradition treaties with 37 countries and has requested the extradition of ethnic Uyghurs in Malaysia, for example.

China claims Taiwan as part of its territory and has not ruled out using force to reunite it with the mainland. Throughout the 2000s, as Taiwan sought to deepen ties with democratic partners and expand its global presence, China reinforced the Anti-Secession Law with additional domestic laws that framed foreign engagement with Taiwan as a violation of its sovereignty. The National Security Law (2015) and National Defense Law (2020) authorise military action to defend China's claimed territory, including Taiwan.

People in Taiwan will be particularly suspected as time goes on, analysts say. "As long as China can execute their jurisdiction within Chinese territory, Hong Kong and Macao, people who violate [the] national security law could be extradited to China for trial, even if just transferring at Chinese airports," said Chen Yi-fan, assistant professor of diplomacy and international relations at Tamkang University near Taipei.

China's extradition treaties

China's National Security Law for Hong Kong could extend to Taiwan. China claims Taiwan as part of its territory, despite the island's self-rule. China has extradition treaties with 37 countries, and in December 2022, it ratified extradition treaties with four more countries: the Republic of Congo, Kenya, Uruguay, and Armenia. China has ratified extradition treaties with 45 countries, with another 14 countries where either both or one party need to complete ratification to bring them into effect.

China's claims of Taiwan as part of its territory

China claims Taiwan as part of its territory, despite the island's self-rule for 80 years. The People's Republic of China (PRC) rules only mainland China and has no control over Taiwan, but claims it as part of its territory under its 'One China Principle'. The ROC (Republic of China), which rules only the Taiwan Area (Taiwan and its nearby minor islands), became known as 'Taiwan' after its largest island.

Beijing sees Taiwan as a breakaway province that will eventually be part of the country and has not ruled out the use of force to achieve this. The Chinese Communist Party (CCP) points to the history of the island to claim Taiwan. Chinese records first mention the island in AD239, when an emperor dispatched an expeditionary force to it.

However, the Taiwanese point to the same history to argue that they were not part of the modern Chinese state that was first formed after the revolution in 1911 or the People's Republic of China that was established under Mao in 1949. After the 2008 election of Ma Ying-jeou, he asserted that mainland China is part of the Republic of China territory according to its constitution. In 2013, he stated that relations between the PRC and ROC are not between countries but 'regions of the same country'.

Throughout the 2000s, as Taiwan sought to deepen ties with democratic partners and expand its global presence, China reinforced the Anti-Secession Law with additional domestic laws that framed foreign engagement with Taiwan as a violation of its sovereignty. Among these, the National Security Law (2015) and National Defense Law (2020) authorise military action to defend China's claimed territory.

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