China and International Law

2011-11-30T12:56:00.002+08:00

State Responsibility

An FM spokesman said the Libyan new government "is ready to compensate Chinese companies for their losses" during the country's unrest. China earlier said it had suffered severe economic losses as a result of the political turmoil.

2011-11-30T12:48:00.002+08:00

Law of the Sea

The Defense Ministry announced that the PLA navy will conduct "an annual, planned, routine drill" in the international waters in the western Pacific. It said that ""China's freedom of navigation and other legal rights should not be obstructed".

2011-11-30T11:44:00.002+08:00

Hong Kong

Human Rights - Torture

Extradition

The alleged Libyan victim of the 2004 rendition to Libya via Hong Kong Sami al-Saadi lodged a complaint with London's Metropolitan Police and demanded answers from the Hong Kong Government, particularly Stanley Ying Yiu-hong, the then permanent secretary for security, on Hong Kong's role in the rendition.

2011-11-30T11:33:00.001+08:00

Territory - South China Sea

Premier Wen Jiabo said the long-standing disputes over the South China Sea "should be settled through friendly consultation and negotiation between the sovereign states directly concerned". He said China "supports Asean in handling disputes in its own way and opposes outside interference in Asean’s internal affairs.”

2011-11-30T09:43:00.002+08:00

Trade

Finance

Amid reports that the WTO would examine whether international trade rules cover efforts by governments to manipulate the value of their currencies, a Chinese trade official voiced objection, saying different international agencies had different tasks and that IMF oversaw exchange-rate issues.

2011-11-18T22:51:00.002+08:00

Territory - South China Sea

All of a sudden, everybody is fired up with the South China Sea. Taiwan's security chief said Taiwan should upgrade her defence capabilities at her 130-strong garrison on Taiping, the biggest island in the Spratly Islands. China then warned Exxon Mobil Corp not to "get involved in disputed waters for oil and gas exploration and development" after it claimed to have discovered hydrocarbons off central Vietnam, in an area claimed by Beijing. Meanwhile, a Philippine general, apparently under the influence of steroid of a joint drill with American Marines, threatened war with China, saying, “The mere deployment of missiles or sound of cannons will not scare us from protecting our own territory.”

2011-11-18T15:58:00.001+08:00

Jurisdiction

Chinese police officers went to Angola and, with the cooperation by Angolan authorities, arrested 11 Chinese criminal suspects that engaged in abducting Chinese women to Angola for prostitution.

2011-11-17T18:29:00.002+08:00

International Rivers

Jurisdiction

in the wake of the killing of 13 Chinese sailors on the Mekong River at the "Golden Triangle" area, where the borders of Myanmar, Thailand and Laos meet, China entered into an agreement with Laos, Myanmar and Thailand to take joint action to crack down on cross-border crime and secure transportation along the Mekong River. China will reportedly send five patrol ships to protect cargo ships and even armed officers to police the river.

2011-11-17T17:37:00.002+08:00

Law of the Sea

A Chinese fishing boat entered into waters near the Goto islands off Nagasaki in southwestern Japan, which is Japan's territorial sea not under any dispute. The skipper was arrested for refusing a coast guard inspection, but the boat was released quickly after the skipper paid a fine of 300,000 yen.

2011-11-17T17:25:00.002+08:00

Terrorism

Chinese legislature adopted a legal definition of terrorism in a Decision on Certain Questions on Strengthening the Anti-Terrorism Work. According to the new legislation, terrorism is defined as "activities that use violence, sabotage and threats to cause social panic, intimidation or coercion of state organs and international organisations, resulting in the injury and death of a large number of people, huge financial loss, damage to public facilities and serious damage to society."

2011-10-24T00:09:00.002+08:00

United Nations

China paid off her 2011 dues to the UN in the amount of $84.46m, or 3.189% of the total UN dues, making China the 8th largest contributor to the UN.

2011-10-23T23:52:00.002+08:00

Taiwan

Taiwanese President Ma Ying-jeou said Taiwan aims to sign a peace agreement with the mainland within 10 years, provided there is a high level of consensus on the island and sufficient trust on both sides of the Taiwan Strait. Ma said the agreement will be "under the premises of a high level of support from the people, based on the needs of the country, and supervision from the legislature".Later, he said a referendum would have to be held before any peace treaty was signed with the mainland.

2011-10-23T23:13:00.002+08:00

Law of the Sea - South China Sea

In the wake of the Sino-Vietnamese agreement on the South China Sea, India tried to get involved through its state-owned Oil & Natural Gas Corp which will work with its Vietnamese counterpart PetroVietnam to develop oil and gas in parts of the South China Sea, Japanese FM Koichiro Gemba proposed a multilateral framework to settle maritime disputes in the South China Sea, while the Philippines opposed the China-Vietnam accord and called for a multilateral approach to resolve disputes concerning the South China Sea. A Chinese FM spokesman responded that "the fact that China and Vietnam have agreed to settle maritime disputes through negotiations has nothing to do with a third party" and that multinational talks will not help and may make the issue even more complicated.

2011-10-23T20:50:00.002+08:00

Territory - South China Sea

Law of the Sea - South China Sea

Following reports by WikiLeaks of Chinese protests against international oil firms signing exploration deals with Vietnam in the disputed South China Sea that went back to 2006, President Hu Jintao urged visiting Vietnamese leader Nguyen Phu Trong to avoid complicating territorial disputes by seeking foreign assistance in resolving rival claims. Later, China's Vice-Foreign Minister Zhang Zhijun and his Vietnamese counterpart, Ho Xuan Son, signed a six-point agreement on basic principles guiding the settlement of maritime issues existing between the two countries. The parties pledged to seek a basic and long-term solution "based on a legal regime and principles defined by international law, including the 1982 UN Convention on the Law of the Sea". The parties agreed to fully respect legal principles, take history and other relevant issues into consideration and accommodate each other's concerns in a constructive manner. In relation to other claimant states, the agreement said that Beijing and Hanoi should solve maritime disputes through

negotiations, but will "consult with other countries if they were also involved in the disputes". A practically significant point, the two sides agreed to hold discussions twice a year to resolve their differences, and to set up a hot line between the countries to address any disagreements more promptly.

2011-10-23T18:11:00.002+08:00

Diplomatic Relations

Hong Kong

Responding to China's criticism that the US consulate in Hong Kong contravened the Vienna Convention on Consular Relations by interfering in the city's constitutional development by holding meetings with various people, the US assistant secretary of state for East Asian and Pacific affairs said the US consulate will continue its "deep engagement in all aspects of life" in the city, and its role is "understood and appreciated" by Beijing.

2011-10-23T17:11:00.001+08:00

United Nations

In a clear retort to the abuse of UN authorisation by the Western countries in Libya, China joined Russia in a rare double veto of a draft Security Council resolution threatening action against Syria's deadly crackdown on civilian protests. The resolution would "blindly impose pressure" on Syria which "would not help to ease the situation," a Chinese FM spokesman said. But later China called on the Syrian government to "respond to people's reasonable expectations and appeals, and resolve the issues through dialogue and consultations."

2011-10-23T16:33:00.002+08:00

International Investment

Given the controverted impact on the local environment and community of the Myitsome Dam on the Irrawady River in northern Myanmar, it was probably unwise to dub it China's overseas Three Gorges Dam, as Myanmar's government suspended the construction of the $3.6bn hydroelectric dam being built by China Power Investment Corporation, saying the project "is against the will of the people”. A Chinese FM spokesman called on Myanmar to protect the rights of Chinese companies, saying the project, that has a capacity of up to 6,000 MW, 90% of which is supposed to go to China, "has undergone scientific evaluation and strict examination by both sides." The Chinese builder had reportedly spent $25m resettling people on the upper reaches of the river, and China is also concerned over the prospect of building oil and gas pipelines that will run from the Bay of Bengal into southern China, the most strategically important project in Myanmar.

2011-10-17T00:40:00.002+08:00

Jurisdiction

Extradition

The Supreme Court of Queensland in Australia sentenced Li Kai Cheung, a fugitive Chinese official who is an Australian permanent resident, to 14 years in jail for money laundering. Li is wanted in China on embezzlement charges.

2011-10-17T00:31:00.002+08:00

Territory - Land Boundary

China and Tajikistan completed the demarcation of the land boundary between them. 1158 square kilometres of territory that used to be under the control of Tajikistan were reportedly handed over to China.

2011-10-17T00:15:00.003+08:00

Recognition

Succession

China accorded recognition to the rebel National Transitional Council as Libya's "ruling authorities and representative of the Libyan people".""We hope that the various treaties and agreements previously signed between China and Libya will continue to remain effective and be conscientiously implemented," a FM spokesman said. The NTC of Libya reportedly agreed to fulfil treaties and agreements previously signed with China.

2011-10-16T22:21:00.002+08:00

Hong Kong

Human Rights - Torture

Extradition

The overthrow of the Gaddafi regime in Libya seems to be causing some unexpected troubles for Hong Kong, as CIA documents discovered in the abandoned office of Gaddafi's intelligence chief showed that, in March 2004, Sami al-Saadi, a member of an anti-Gaddafi group with links to al-Qaeda, was said to be tricked by the British MI6 agents to travel to Hong Kong from Guangzhou and arrested on passport charges at Chek Lap Kok Airport. He and his family were later put on an Egyptian plane to be sent to Tripoli where he was allegedly tortured and detained for 6 years. The Chinese Foreign Ministry stated that "Hong Kong has the full authority and discretion to grant permission to people to enter or leave the city", but, while the Hong Kong Government reportedly had asked for assurances that Saadi would be humanely treated once back in Libya, the rendition did not appear to follow the normal deportation or extradition procedure and might have violated Hong Kong's obligations under human rights treaties. Later, Saadi sued the British Government, saying that the Hong Kong authorities "were made to know about the dirty business that was going on and went along with it,"

2011-09-10T00:37:00.002+08:00

Territory - South China Sea

Taiwan

Taiwan began to install a solar power system on the Taipei Islet, the largest of the Spratly Islands, as a way of upholding Taiwan's claim over the Spratlys.

2011-09-10T00:30:00.000+08:00

Law of the Sea - South China Sea

A Chinese warship confronted an Indian navy vessel shortly after it left Vietnamese waters in the South China Sea, asking it to identify itself and explain its presence in the waters. “Any navy in the world has full freedom to transit through these waters or high seas", an Indian official complained.

2011-09-10T00:11:00.005+08:00

Non-intervention

United Nations

China came dangerously close to committing what she always condemned as the cardinal sin in international relations -- interference in another country's internal affairs by selling weapons to a party in a civil war as a Canadian newspaper reported that three state-owned Chinese companies offered to sell weapons and ammunition worth over US$200m to the Gaddafi regime through a third country, apparently in breach of the Security Council resolution 1970. A Chinese FM spokeswoman emphasised that the Chinese companies did not sign any contract or deliver any weapons to the Libyan government. Without bothering to explain the obvious contradictions, she said that China exercises strict management over all military export, but that the Chinese Government was not aware of Libya's contacts with the companies controlled by the Chinese Government. This merely adds to China's less than stellar record of compliance with UN sanctions.

2011-09-09T12:09:00.001+08:00

Recognition

The head of Libya's National Transitional Council said China is obstructing Libya's frozen assets because China is bargaining hard to protect her interests in Libya.A Chinese FM spokeswoman later said China has no problem with releasing the frozen assets "in principle", but wants to be more clear on the use and oversight of the funds "in the spirit of being responsible to the Libyan people", an ironic remark made at the time when she struggled to explain China's reported offer of weapons to the Gaddafi regime.

2011-09-09T11:42:00.002+08:00

Investment
Jurisdiction

China has slowed down energy investment in Iran in an effort to appease Washington and for fear that the US may invoke sanctions on Chinese firms with operations in the US. Chinese energy executives reportedly told the US, "We can't say it publicly, but you will notice that we're not proceeding with these new contracts."

2011-09-09T10:20:00.002+08:00

State Immunity

Hong Kong

Declaring in an explanatory note that the question of state immunity "directly impacts on a country's relations with foreign countries", the NPC Standing Committee adopted, by a unanimous vote, an interpretation of Articles 13 and 19 of the Hong Kong Basic Law in the fist case in which Hong Kong's top court sought such an interpretation from Beijing. The interpretation applied the absolute immunity doctrine to Hong Kong and underscores that "[s]ince state immunity falls in the domain of a country's foreign affairs, it is up to the central government to make decisions about the policy, which should be applied universally within the territory of the People's Republic of China," Later, Hong Kong's Court of Final Appeal finalised its judgment in the case on the basis of the interpretation.

2011-08-25T00:26:00.003+08:00

Law of the Sea - East China Sea

The Japanese coastguard arrested two Chinese trawler captains for illegally operating in an exclusive economic zone midway up the west coast of Honshu. Later, the two captains were released after admitting to engaging in "trawling activities" inside Japan's EEZ.

2011-08-07T00:24:00.005+08:00

Law of the Sea

The International Seabed Authority (ISA) approved China's plan to look for polymetallic sulphide deposits in a 10,000 square kilometre area of seabed in the Indian Ocean for 15 years, the second plot of seabed for which China has won the right to explore from the ISA. An official from China Ocean Mineral Resources Research and Development Associated, in whose name China made the bid, said "the refined metals from these deposits will help China meet our increasing demand for resources". But India reportedly expressed concerns over the military implications of the Chinese project.

2011-08-06T23:40:00.003+08:00

Terrorism

In the wake of two terrorist attacks in Kashgar, the local authorities revealed that "[t]he heads of the attackers had earlier fled to Pakistan and learned skills of making explosives and firearms in camps of the terrorist group East Turkestan Islamic Movement (ETIM) before infiltrating back to Xinjiang". In response, Pakistan’s government pledged full cooperation with China against the East Turkestan group.

2011-07-31T22:25:00.001+08:00

Taiwan

Air Space

Two Chinese SU-27 fighter jets briefly crossed the “middle line” over the Taiwan Strait while repelling a US spy plane, the first time since July 1999 that Chinese military aircraft have entered Taiwan’s side of the air space above the Strait.

2011-07-31T22:20:00.000+08:00

Trade

China started proceedings at WTO in relation to the zeroing measure used by the US in slapping anti-dumping duties on diamond saw blades from China. China argued that the US measure not only violated specific zeroing regulations of the WTO, but also levied disproportionately high tariffs on the subject imports from China.

2011-07-31T22:14:00.001+08:00

Trade

With the US sanctions against Iran, making it difficult for China to pay about US$30bn in hard currency for oil imports from Iran, Beijing and Tehran talked about using a barter system so that China could balance the trade by giving Iran what a former Iranian official called Chinese "junk" or goods that Iran might require.

2011-07-31T21:53:00.001+08:00

Extradition

It took only about 11 years for the Canadian court finally to realise what many people have long figured out that Lai Changxing "is a common criminal fugitive from the Chinese justice system who has had full access to Canada's immigration processes over the last 11 years", as the Vancouver Federal Court decided to deport Lai to China, thanks largely to the “extraordinary assurances” given by China, including "access to a lawyer, permission of a Canadian official to be present at the hearing of the applicant, Canadian official access to recordings of interrogations and hearings, and permission for Canadian officials to visit the applicant in prison, mitigating risk of abuse".Canada's prime minister Stephen Harper commented that "both the Canadian people and the Chinese people don’t have a lot of time for white-collar fraudsters.” Canada just has had a bit more time time than China for Lai Changxing.

2011-07-31T14:36:00.001+08:00

Territory - South China Sea

Treaty

The foreign minsters of China and the 10 ASEAN member states endorsed a set of guidelines on implementing the 2002 Declaration of Conduct in the South China Sea (DOC), which a Chinese diplomat called "an important milestone document for cooperation between China and ASEAN countries". On its face, the document looks like a milestone in bland talk, but the US Secretary of State Hillary Clinton congratulated the parties for “working so closely together" to bring it about. The guidelines envisage "the eventual realization of a Code of Conduct", but the meeting's chairman, Indonesian Foreign Minister Marty Natalegawa, admitted that "there is a lot of hard work ahead". Any hope that the guidelines would lead to the resolution of the territorial disputes in the South China Sea is also misplaced, as a Chinese diplomat pointed out that "[t]he disputing parties are not China and the ASEAN, so a document reached by the two sides cannot solve the disputes." In the wake of adoption of the guidelines, Chinese FM Yang Jiechi told Hilary Clinton that "it is important to respect the sovereignty and territorial integrity of China" and that China is committed to maintaining freedom of navigation and security in the area. Yang alsoreiterated China's approach on resolving the territorial disputes, insisting that bilateral negotiations were the only way forward.

The Philippines was the lone country that expressed disappointment over the document, complaining that it did not address what she saw as the core issue of China's so-called "nine-dotted line". China did not appear to mind very much taking on the Philippines one-on-one, as the Chinese Government expressed "strong protest" over several Filipino lawmakers' landing on the Zhongye Island in the South China Sea.

2011-07-30T23:55:00.000+08:00

Outer Space

Calling China "a "major space-faring country", a US defence official called for a regular dialogue with China on outer space to create "rules for the road" and reduce the risk of misunderstandings.

2011-07-30T23:52:00.002+08:00

Territory - South China Sea

Law of the Sea - South China Sea

The officious bystanders now seem all too eager to enter the fray over the South China Sea as two senior US senators wrote to Dai Bingguo on the South China Sea, claiming that "[i]f appropriate steps are not taken to calm the situation, future incidents could escalate, jeopardising the vital national interests of the United States.” Meanwhile, a Japanese foreign ministry spokesman declared that "the issue of the South China Sea is a matter of common interest for the international community". Freedom of navigation has been invoked as the excuse for the US involvement, as China and the US continued to spar over the rights of foreign states in China's EEZ.

2011-07-29T00:58:00.003+08:00

Trade

China won its first victory against the EU in WTO when the Appellate Body found several of EU's criteria for making anti-dumping claims invalid in a case on exports of fasteners.

2011-07-29T00:45:00.002+08:00

Taiwan

Extradition

Following last year's repatriation by the Philippines of 14 Taiwanese criminal suspects to the mainland, Taipei and Manila were close to an agreement that would protect Taiwanese residents against being summarily deported to the mainland. Beijing has not opposed the arrangement.

2011-07-29T00:34:00.003+08:00

Human Rights

The State Council Information Office issued an assessment report of China's implementation of her first human rights action plan, which declared that "[t]he fulfilment of all targets ... shows that the cause of human rights in China has entered a new stage." This might well be true if "all targets" and "a new stage" were understood to mean the harshest crackdown on dissent in years as many rights groups observed.

2011-07-28T23:35:00.002+08:00

Trade

Defying an earlier WTO panel decision, China released new quota figures for exports of rare earth metals, which would almost double the export quota for the second half of the year.

2011-07-27T22:07:00.006+08:00

Extradition

Lai Changxing, China's most wanted fugitive, was detained by the Canadian border security officers amid reports that he could soon be sent back to China. Canadian immigration authorities determined that he was not at risk of being tortured if returned to China after the Chinese Government pledged to allow Canadian officials to visit Lai regularly after his repatriation. The Canadian FM said Canada's justice system must be allowed to "fairly and independently take its course", which in this case means 12 years and counting.

2011-07-12T13:59:00.002+08:00

Recognition

Diplomatic Relations

China accorded recognition and set up diplomatic relations with South Sudan and pledged to "develop friendly cooperation with South Sudan in various areas on the basis of the Five Principles of Peaceful Coexistence", which, in real terms, means China wishes to work with the new country in its oil industry. South Sudan has three-quarters of the oil output of former Sudan which was China's 6th largest source of oil imports in 2010.

2011-07-12T13:32:00.002+08:00

Treatment of Aliens

Hong Kong

Is there really so much to see in Hong Kong that you can be a tourist in Hong Kong forever? Although Hong Kong does not recognise same-sex relationships, partners of gay expatriates can stay in Hong Kong on a "de facto relationship visa", which treats them as permanent tourists without the same rights as married heterosexual couples.

2011-07-12T13:15:00.003+08:00

Air Law

Territory - Diaoyu Islands

After Japan sent an air fighter to intercept two Chinese military aircraft spotted 60 kilometres from the Diaoyu Islands outside Japan's air space, an official from the Chinese Ministry of Defence said the Chinese aircraft had been operating in accordance with international law and called on Japan to "take effective measures to stop such dangerous activities".

2011-07-12T13:10:00.002+08:00

Jurisdiction

Extradition

A senior Chinese prosecutor called on all states to ratify and implement the two UN Conventions against Corruption and Transnational Organized Crime, saying, "Anti-corruption is not simply the internal affairs of a single country, but an issue that requires attention and active responses of all countries and their anti-corruption agencies."

2011-07-11T21:45:00.004+08:00

Trade

Environment

In a case brought by US, EU and Mexico, a WTO panel found that China violated WTO rules by imposing quotas, export duties and license requirements on certain industrial raw materials. Although the case does not involve rare earth minerals, the panel ruling could strengthen the hand of EU and US in their negotiation with China. China's WTO mission reacted by repeating its argument that the measures were for the purpose of protecting the environment and exhaustible natural resources (without explaining why, if the Chinese Government cares so much about the environment, the same restrictions do not apply to domestic production or consumption). China is expected to appeal against the panel report, and the Ministry of Commerce promulgated new export controls on raw materials in defiance of the panel decision.

2011-07-10T18:09:00.003+08:00

Territory - South China Sea

The U.S. Senate unanimously approved a resolution that "deplores the use of force by naval and maritime security vessels from China in the South China Sea". A Chinese FM spokesman dismissed the resolution, saying that disputes over the South China Sea should be resolved peacefully through talks between "directly concerned parties".

2011-06-30T01:17:00.003+08:00

Climate Change

Air Law

China blocked a US$ 3.8 billion by the Hong Kong Airlines for 10 Airbus aircraft, apparently in retaliation to the EU move to make all airlines flying into Europe pay for their pollution causing climate change.

2011-06-30T01:06:00.003+08:00

Law of the Sea

Japan lodged a protest against China after a Chinese marine research vessel entered the waters about 330 kilometres off Japan's tsunami-hit northeast coast, apparently to check for radiation without Tokyo's consent. Japan said the spot was inside her EEZ.

2011-06-29T22:42:00.001+08:00

Territory - South China Sea

Dispute Settlement

With her economy heavily reliant on fishery in the South China Sea and 30% of her GDP coming from oil production in the disputed waters, Vietnam has been the leading adversary to China's claims in the area. But now the two countries agreed to hold talks on how to resolve the territorial conflicts. They also showed their common disregard of freedom of expression by agreeing to "strengthen public opinion guidance to prevent words and actions that would be detrimental to the friendship and mutual trust between the peoples of the two countries", an apparent reference to continued anti-China protests in Hanoi. Later, a Chinese FM spokesman urged Vietnam to implement the undertaking to speed up consultations over a pact regarding the fundamental principles on solving maritime disputes between the two nations.

2011-06-29T22:21:00.003+08:00

Territory - South China Sea

After the US and Japan issued a joint statement calling for China's "adherence to international norms of behaviour" and the Philippines citing a 1951 treaty that supposedly obliged the US to help defend the Philippines should she come under attack in the disputed Spratly Islands, the tensions over the South China Sea finally reached the level of big power diplomacy. Vice FM Cui Tiankai reminded the US that she "is not a claimant state to the dispute" and "so it is better for the United States to leave the dispute to be sorted out between the claimant states.” He issued the stern warning that “I believe the individual countries are actually playing with fire, and I hope the fire will not be drawn to the United States.” Kurt Campbell, a US assistant secretary of state. later responded that the US "does not take a position on sovereignty issues, but we also have strong principles that are long-standing in the maintenance of freedom of navigation, and free and unimpeded legal commerce, and the maintenance of peace and stability".

2011-06-29T21:15:00.003+08:00

Recognition

Non-Intervention

Is China retreating from its long-standing insistence on non-intervention in another country's internal strife? FM Yang Jiechi met with the Chairman of the Executive Board of Libya's opposition National Transitional Council (NTC) and recognised NTC as "an important dialogue partner", saying that since NTC was established, "its representative nature has increased daily and it has gradually become an important domestic political force".

2011-06-20T15:18:00.004+08:00

Territory - South China Sea

Use of Force

The tension in the South China Sea is filled with a heavy dose of irony. After a live-fire military drill, a declaration on conscription and affirming that she will "stand up to" aggressors, Vietnam now called, jointly with her old war foe the US, for freedom of navigation and non-use of force in the South China Sea, China, meanwhile, conducted three small-scale military exercises, including marine mine sweeping and missile tests. While sending its largest warship into the controversial waters, the Philippines said through an armed forces spokesman, "We hope someday we can exercise with the Chinese Navy."

2011-06-20T15:01:00.002+08:00

Nationality - Statelessness

Hong Kong

A former citizen of Kazakhstan reportedly became a stateless person whilst in Hong Kong and was awaiting the Hong Kong Immigration Department to afford him. protection.

2011-06-20T14:57:00.003+08:00

International Crime

International Court

China extended an invitation to Sudan's President Omar al-Bashir to visit China for a week, even though the International Criminal Court has issued arrest warrants for al-Bashir on war crime charges. "China would like to play a positive role in promoting Sudan's peace and reconciliation, boosting the implementation of the Comprehensive Peace Agreement and safeguarding regional peace and stability," a Chinese FM spokesman said.

2011-06-20T14:51:00.002+08:00

Extradition

The Australian government said it was considering approval of a prisoner transfer treaty with China so that Stern Hu, a former Rio Tinto executive, might serve out the rest of his 10-year prison term in Australia.

2011-06-20T14:44:00.003+08:00

Territory - South China Sea

Taiwan

Maintaining China's "indisputable sovereignty" over the islands in the South China Sea and their surrounding waters, a spokesman of the Taiwan Affairs Office suggested, "People from both sides of the Taiwan Strait have a shared responsibility to safeguard them." Taiwan's Foreign Ministry did not respond.

2011-06-20T11:56:00.004+08:00

Jurisdiction

Extradition

An internal report by the People's Bank of China revealed that as many as 18,000 corrupt Chinese officials may have fled the country with as much as 800 billion yuan in ill-gotten gains between the mid-1990s and 2008. Hong Kong was identified as a popular transit point for the fugitives.

2011-06-20T11:26:00.002+08:00

Jurisdiction

Looking into allegations that counterfeit electronics made in Shenzhen have infiltrated the Pentagon's supply chain, investigators for a US senate committee tried to conduct unsupervised interviews in Shenzhen but were not granted visas by Beijing. A Chinese FM spokesman explained that "conducting a judicial investigation inside any country is the exclusive right of the judicial organisation of that country", and that China was willing to launch judicial co-operation with other countries.

2011-06-20T10:14:00.002+08:00

Law of the Sea - South China Sea

Vietnam accused China of another "serious violation" of Vietnamese sovereignty when she alleged that a Chinese fishing boat intentionally rammed and damaged survey cables that a Vietnamese oil ship was towing in waters of the South China Sea which Vietnam claimed to be her EEZ and which was disputed by China. Later, Vietnam appeared ready to impoverish its people yet again with military adventures when she announced that she would conduct a "routine" live-fire naval exercises off its coast and the Vietnamese prime minister signed an order on eligibility for military conscription.

2011-06-17T22:32:00.002+08:00

State Immunity

Hong Kong

Hong Kong's Court of Final Appeal embraced the absolute immunity doctrine which the PRC Government adheres to in a case against the Democratic Republic of the Congo, subject to four questions of the Basic Law relating to state immunity which the Court submitted to the national legislature for interpretation.

2011-06-17T21:59:00.002+08:00

Recognition of Government

Aiming to protect its business interests in Libya, Chinese diplomats met with the Libyan opposition leader while Libya's Foreign Minister was about to visit China.

2011-06-17T21:16:00.003+08:00

Law of the Sea - South China Sea

With the Philippines calling China's actions in the South China Sea as "the most serious breach" of the 2002 Asean-China DOC and Vietnam calling China's "nine-dotted line" as having no basis in international law, Chinese Defence Minister Liang Guanglie made clear that “freedom of navigation has never been impeded” in the South China Sea. Later, a Chinese FM spokesman said that “China has indisputable sovereignty over the South China Sea islands and adjacent waters" and that China's position “has remained unchanged for centuries". Later, Chinese ambassador to the Philippines called on the neighbouring states to stop searching for oil near the Spratly Islands, saying, "We will never use force unless we are attacked,"

2011-06-16T01:07:00.003+08:00

Territory - South China Sea

US defence secretary Robert Gates warned that there were “increasing concerns” about recent Chinese actions in the South China Sea, saying, "I fear that without rules of the road and agreed approaches to dealing with these problems that there will be clashes.” A Chinese FM spokesman later responded that "internationalising" disputes in the South China Sea will only make matters worse and stressed that the problems can be resolved only through bilateral consultations among countries that have territorial claims in the region.

2011-06-16T00:08:00.004+08:00

Territory - South China Sea

The Philippines summoned a Chinese envoy to convey "serious concerns" over China's recent incursions into disputed waters in the South China Sea as well as certain construction activity there, which Manila accused as "clear violation" of the 2002 ASEAN-China Declaration on the Conduct of Parties in the South China Sea.

Later, the Philippine President's office put forward a brilliant idea of bolstering the Philippine claims to the disputed areas by declaring that it was renaming the South China Sea as the "West Philippine Sea". Presumably, the Pacific Ocean may also be renamed the East Philippine Sea in due course.

2011-06-02T11:47:00.003+08:00

Law of the Sea - South China Sea

Vietnam accused China of violating its sovereignty and EEZ, alleging that three Chinese patrol ships rushed a Vietnamese oil exploration vessel and damaged its cables while it was conducting survey and drilling operations in waters of the South China Sea disputed by both countries. A Chinese FM spokeswoman replied that Vietnam's offshore exploration of oil and gas in China's jurisdictional areas "undermined China's interests and jurisdictional rights in the South China Sea and violated the consensus both countries have reached on the issue".

2011-05-29T23:32:00.003+08:00

Extradition

Taiwan

Beijing agreed to return to Taiwan 14 Taiwanese fraud suspects whom the Philippines expatriated to the mainland in defiance of Taiwan's opposition. The measure was taken in line with the cross-strait agreement on joint combat against crimes and judicial assistance,

2011-05-29T23:18:00.003+08:00

International Organisations

China and other BRICS countries issued a joint statement, saying the tradition of appointing a European as managing director of IMF “undermines the legitimacy” of IMF. The Europeans are supporting Christine Lagarde, the French finance minister, as their candidate for the top IMF job.

2011-05-29T23:07:00.003+08:00

Jurisdiction

Human Rights

Eight Chinese-Americans sued Baidu and the Chinese Government at a Manhattan federal district court and claimed damages of US$ 16 million, alleging that there is a “conspiracy” between Baidu and the Government to censor “any political speech that is pro-democracy.” A Chinese FM spokeswoman said China protects internet freedom and that the American court has no jurisdiction in China.

2011-05-29T22:50:00.002+08:00

International Organisations

When a UN panel of experts reported suspicions of transfer of “ballistic missile-related items” between North Korea and Iran through China in breach of UN sanctions against DPRK, the Chinese expert on the panel refused to sign off on the report, delaying the report for days before its submission to the Security Council.

2011-05-29T22:28:00.002+08:00

Territory - Spratly Islands

A Chinese FM spokeswoman called Vietnam's parliamentary election on the disputed Spratly Islands "an infringement of Chinese territorial sovereignty". Vietnam responded by saying the vote was its "internal affairs" that had been conducted for many years. Others might say the election of the communist-controlled National Assembly should not be regarded as election at all.

2011-05-10T00:06:00.002+08:00

Human Rights

After Austria protested against China's detention of Ai Weiwei, a Chinese FM spokeswoman urged foreign governments not even to "comment on the issue", saying, "We hope that the outside can respect China's judicial sovereignty and judicial authorities handling the issue in accordance with the law."

2011-05-09T23:36:00.002+08:00

Law of the Sea

In response to a rising number of disputes in the South and East China Sea, China Marine Surveillance said it will add 1,000 officers this year to raise staff levels to 10,000 and will purchase 36 new ships over the next five years

2011-05-01T22:32:00.002+08:00

Jurisdiction

Hong Kong

The American IRS will intensify scrutiny of some big banks in Hong Kong under agreements made pursuant to the US Foreign Account Tax Compliance Act (FATCA) which require non-US banks to screen their clients and hit them with a 30 per cent withholding tax penalty if they fail to do so.

2011-05-01T20:56:00.002+08:00

Tibet

Lobsang Sangay, a senior fellow at Harvard Law School, was elected by 55 per cent of the Tibetan voters around the world as the next prime minister of the Tibetan government-in-exile to take over political leadership from the Dalai Lama. As a government-in-exile spokesman called the election "a wake-up call for China", the Chinese Government merely woke up and dismissed it as "an illegal political organisation set up overseas by the Dalai Lama to engage in Tibet independence activities."

2011-04-02T15:57:00.003+08:00

United Nations

Use of Force

During his meeting with French President Nicolas Sarkozy, President Hu Jintao warned over violation of the UN Security Council resolution over Libya by the Western coalition troops. "The aim of the UN's resolution is to stop violence and protect civilians," Hu said, adding, "If the military action brings disaster to innocent civilians and creates a bigger humanitarian crisis, that would violate the original intention of the Security Council resolution,"

2011-04-02T15:53:00.004+08:00

Territory - South China Sea

In the wake of Secretary of State Hillary Clinton's assertion of US "national interest" in South China Sea, the Chinese Government has apparently stopped labelling the South China Sea as China's "core interest". But it has not disclaimed it either.

2011-04-02T11:35:00.002+08:00

United Nations

Hong Kong

International Law and Domestic Law

Amid concerns over Hong Kong and China's dealings with Iran and her official shipping line, Hong Kong enacted regulations that implemented the UN sanctions against Iran adopted in June 2010.

2011-04-02T11:19:00.002+08:00

Treatment of Aliens

Death Penalty

After their execution dates were delayed by about a month thanks to appeals for clemency from Philippine President Benigno Aquino, three Filipino drug-traffickers were finally put to death in Xiamen and Shenzhen, amid allegations that one of the convicts might have been used as an unwitting drug courier. 72 Filipinos remain on death row in China for drug-trafficking.

2011-03-30T12:10:00.003+08:00

State Immunity

Hong Kong

As the case of a US vulture fund against the Democratic Republic of the Congo reached the Hong Kong Court of Final Appeal, the disputed debt of US$104 million was overshadowed by the claim made in letters from the Foreign Ministry to Hong Kong courts that "China considers the issue of state immunity an important issue which affects relations between states" and that Hong Kong's embrace of the restrictive immunity doctrine would prejudice China's sovereignty. Some commentators also made alarmist remarks such as "no central government can survive if one of its components is singing a different tune", as if there were death penalty for a state if its regions breach international law. The Hong Kong Government, intervening in the case, argued that the issue of state immunity is part of Hong Kong's foreign affairs on which Hong Kong courts must follow Beijing's approach and maintain "one state, one immunity". The Government and the defendants in the case agreed that Hong Kong courts should not follow English common law on restrictive immunity which they said had been displaced by the Basic Law, and called for the court to ask for an interpretation from the national legislature on Article 13 of the Basic Law dealing with Hong Kong's foreign affairs. Lawyers for the plaintiff argued against the court seeking the interpretation, suggesting that Beijing could decide on Hong Kong's state immunity law by enacting a national law that applies to Hong Kong. They claimed that Hong Kong's return to the "legal dark ages" of absolute immunity would damage Hong Kong's reputation as an international financial centre.

2011-03-29T23:03:00.004+08:00

Human Rights

The UN Working Group on Arbitrary Detention demanded the Chinese government to immediately release Gao Zhisheng, a prominent human rights lawyer who has been detained for nearly a year. The Group said that "the detention violated international law because Gao’s disappearance was punishment for exercising his fundamental human rights and because the government failed to meet even the minimum international standards for due process,” In response, a Chinese FM spokeswoman said she was unaware of Gao's whereabouts, but that the UN should respect China's "judicial sovereignty", as "China is a country ruled by law, with an independent judiciary that handles cases."

2011-03-29T17:58:00.002+08:00

Use of Force

After abstaining from the Security Council resolution that authorises the use of force against Col. Muammar el-Qaddafi of Libya, China joined other members of the BRIC group to call for an immediate cease-fire and suggest that coalition forces were imperilling civilians by exceeding the UN-mandated no-fly zone.

2011-03-24T17:26:00.000+08:00

Treatment of Aliens

Despite appeals for clemency from Manila, China had set the execution date for three Filipino drug traffickers who are set to be executed on 30 March in Xiamen and Shenzhen.

2011-03-20T16:32:00.001+08:00

Extradition

Apparently in an attempt to allay Canada's concerns over torture in the case of Lai Changxing's deportation to China, the Chinese Government made what is believed to be an unprecedented promise to allow Canadian embassy officials to visit Lai in prison and conduct third-party medical checks if he were convicted in China.

2011-03-12T14:25:00.000+08:00

Tibet

The Dalai Lama announced that he would formally relinquish his political leadership role in the Tibetan exile government and devolve authority to an elected prime minister. In response, a Chinese FM spokeswoman dismissed the announcement as "tricks to deceive the international community", while the Tibetan Prime Minister-in-exile lamented, "Despite His Holiness' request, the people and the government do not feel competent to lead ourselves".

2011-03-12T14:19:00.002+08:00

Taiwan

Extradition

Taiwan announced that it will lift punitive sanctions on the Philippines and end a row over Manila's deportation of 14 Taiwanese fraud suspects to the mainland to face prosecution. The announcement came after the Philippines sacked two senior immigration officials and again expressed "deep regrets".

2011-03-11T13:56:00.001+08:00

Law of the Sea - Continental Shelf

Song Enlai, chairman of China National Offshore Oil Corp's (CNOOC) board of supervisors, certainly made a name for himself by becoming one of the few Chinese officials whom the Chinese Foreign Ministry called a liar, when he made the following remarks to reporters in Beijing on the disputed Chunxiao gas field in the East China Sea, "It's a sensitive question. But we already started developing the field, we are already pumping oil." After Japan called the statement "very regrettable", the Chinese Foreign Ministry told Japan that the statement is "not true" and pointed out that Song had retired from CNOCC. Later, a Chinese FM spokeswoman reasserted that China has complete sovereignty over the Chunxiao oil and gas field.

2011-03-03T00:48:00.000+08:00

Human Rights

As the UN General Assembly decided by consensus to suspend Libya's membership of the UN Human Rights Council, a Chinese delegate to the UN said China joined the consensus "in view of the extremely exceptional situation now in Libya and concerns and views expressed by Arab and African countries", and that Libyan suspension "does not constitute a precedent".

2011-03-03T00:10:00.002+08:00

United Nations

Hong Kong

International Law and Domestic Law

Law of the Sea

The Islamic Republic of Iran Shipping Line (IRISL), which was under sanctions by the UN Security Council, reportedly operated in Asia with the help of shell companies in Hong Kong that owned IRISL ships registered in Hong Kong, because Hong Kong has not made local regulations to enact the UN sanctions. Meanwhile, IRISL continues to operate between China and Iran through a Chinese affiliate despite a Ministry of Foreign Affairs request that the UN resolution be "conscientiously implemented in accordance with the law" by all government agencies.

2011-03-02T00:28:00.000+08:00

Use of Force

In two unprecedented moves, the PLA first sent a Navy frigate to the Libyan coast to "support and protect" the more than 30,000 Chinese nationals being evacuated from Libya on civilian ships. Later, China sent four military transport planes to take part in the evacuation of Chinese nationals from Libya.

2011-02-25T23:53:00.000+08:00

United Nations

With the so-called G4 countries making a self-serving call for UN reform by the next General Assembly, China insisted on reaching "a consensus on major issues in the reform of the UN Security Council" and balked at giving support to any of the four bidders for Security Council permanent membership.

2011-02-22T23:36:00.002+08:00

Treatment of Aliens

After Philippine President Benigno Aquino said he would ask President Hu Jintao to commute the death sentences and after the Philippines' vice-president flew to Beijing in a last-minute bid to seek clemency, China postponed the execution date for three Filipinos convicted of drug trafficking.

2011-02-22T23:12:00.002+08:00

Extradition

The de facto haven fro Chinese criminals might just have come to some sense after all, as Canada turned over to China Zeng Hanlin, a fugitive alleged to have been involved in a 35 million yuan stock fraud case who had lived in exile in Canada for 10 years. His Canadian lawyer said Zeng would face an unfair trial or even the death penalty after being deported to China, but the Canadian judge refused to be fooled again this time, saying "The applicant's arguments are speculative as there is no evidence that the death penalty or torture can reasonably be anticipated in this case."

2011-02-22T16:43:00.002+08:00

Investment

After the US Committee on Foreign Investment refused to give national security clearance to a $2m acquisition of patents from 3 Leaf, a US company, by Huawei, a MOFCOM spokesman said, "We hope the US security examination laws and regulations can treat a Chinese company fairly, regardless of whether it is publicly traded, state-owned or private, and can carry out a transparent, predictable review.” Later, Huawei, which had often been suspected to have close links with the Chinese military or government. dropped its application to acquire the patents.

2011-02-22T16:16:00.002+08:00

Territory

A fisheries company in Dalian reportedly signed a memorandum of understanding with a Russian company to form a joint venture to farm sea cucumbers off Kunashir, one of the four Kuril Islands to the north of Japan under dispute between Japan and Russia. This was the first time a third state is involved in the economic activities on the islands and Japan expressed concerns over the report.

2011-02-22T16:05:00.002+08:00

Trade

The US asked the WTO panel to look into its allegations that China is breaking WTO rules in restricting foreign credit card companies’ access to its payments system and imposing illegal emergency import subsidies against US steel.

2011-02-12T15:53:00.000+08:00

Territory - Diaoyu Islands

Japanese coastguard sent a $170,000 bill to the captain of a Chinese trawler who was arrested near the Diaoyu Islands in September 2010 The bill includes $150,000 for repairs to "two Coast Guard patrol vessels and the remainder for other costs including money spent to dispatch officials for the repairs." The Chinese Foreign Ministry dismissed the claim.

2011-02-11T14:42:00.000+08:00

Taiwan

Jurisdiction

Extradition

After arresting 14 Taiwanese and 10 mainland Chinese suspects in a raid on an international fraud syndicate in Manila that had allegedly swindled 140m yuan from mainland victims, the Philippine government decided to deport all the suspects to mainland China and rejected Taiwan's call for the Taiwanese suspects to be returned to Taiwan on the grounds that the suspects did not face criminal charges in Taiwan and had not produced their travel documents anyway. "The evidence is in China, the crime was committed in China, so it was in our best national interest to deport them to China," a Philippine government spokesman said. In response, the Taiwanese government angrily imposed a four-month freeze on work applications from Filipinos. The Philippine justice secretary suggested that Taiwan and Beijing should settle the row between themselves according to the 2009 cross-straits agreement on crime fighting and mutual judicial assistance.

2011-02-04T15:13:00.000+08:00

Finance

The US Treasury Department reported to Congress that, while China’s currency remained “substantially undervalued” compared with the dollar, China had not met the standard for currency manipulation, because of commitments made by Chinese leaders to promote “exchange rate reform” and allow greater “exchange rate flexibility.”