Taiwan’s Mainland Affairs Council (MAC) warned that five types of Taiwanese citizens face risks when traveling to China after the Chinese communist regime’s tightened exit-and-entry rules took effect on Sept. 15.
Deputy Minister of the Mainland Affairs Council of the Republic of China (Taiwan) Shen Yu-chung assessed the risks on Sept. 14 in Taipei while attending a seminar titled “You Can Get In but Can You Get Out? Risks and Impacts of the CCP’s New Entry-Exit Regulations,” organized by the Taiwan Association of Asia-Pacific Elite Exchanges.
Shen noted that the new version of China’s “Regulations on Exit-Entry Administration” codified border controls and expanded law enforcement discretion. These rules, he pointed out, pose risks especially for five categories of Taiwanese citizens: Taiwanese businessmen operating in China, corporate executives of Taiwanese companies, semiconductor and high-tech professionals, grassroots civil servants, and members of certain religious groups.
The CCP’s new exit ban consists of 19 articles.
Although the rules appear to be routine administration, they effectively “legalize” border control practices that previously lacked a clear legal basis and expand the discretionary powers of law enforcement agencies, Shen said.
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“Given that the CCP’s legal framework classifies the citizens of Taiwan as Chinese citizens, the possibility cannot be ruled out that these regulations could be used to restrict Taiwanese citizens’ travel to and from mainland China.”
Taiwan, whose official name is the Republic of China (ROC), is the last territory of the republic established in 1911 in China. The ROC’s nationalist government retreated to Taiwan in 1949 after being defeated by the communists in China’s civil war. The CCP then established a communist regime in mainland China known as the People’s Republic of China (PRC).
The CCP has never ruled Taiwan, but it claims sovereignty over the island and has never ruled out annexing it by force.
Article 3 of the CCP’s new exit ban explicitly stipulates that when the Chinese regime’s immigration management agencies and visa-issuing authorities verify the identities and reasons for application of individuals entering or exiting the country, they may make inquiries and require the presentation of relevant documents, materials, electronic data, and other information. Individuals must comply.
Article 4 stipulates that individuals may be barred from leaving the country if they violate regulations concerning export controls or the management of technology imports and exports in a manner that could jeopardize industrial or technological security.
Article 6 further provides that, in circumstances involving national security or ongoing investigations, the individual concerned need not be informed of the facts, grounds, legal basis, or available avenues for redress regarding the travel ban.
Shen pointed out that these regulations strengthen the CCP’s information surveillance and administrative discretion regarding travelers, effectively granting frontline border control personnel significant flexibility and room for arbitrary interpretation.
Reiterating that the five categories of Taiwanese citizens may face risks when traveling to or from China, he advised individuals in these groups to register online for an added layer of security before future travel to China.
CCP’s Tightened Control
Shen also stated that there has recently been an increase in the number of Taiwanese citizens subjected to questioning or detention, or disappeared, in China.
The Straits Exchange Foundation under the MAC reported that as of July they had recorded 395 cases of Taiwanese citizens losing contact, being detained or subjected to questioning, or otherwise having their personal freedom restricted while in mainland China. Because some family members of the Taiwanese citizens had previously been warned by the Chinese regime not to seek help from the Taiwan government, The Straits Exchange Foundation estimated that the actual number of cases could be higher.
A traveler watches as a China flight takes off from the runway of Baiyun Airport in southern China’s Guangzhou province on March 25, 2022. Ng Han Guan/AP Photo
Shen warned that the CCP is using these means to consolidate its power and control amid rising geopolitical tensions, and the new entry-and-exit regulations are only one part of it.
Shen advised Taiwanese citizens currently in or planning to visit mainland China to approach the political environment there with caution.
“They should carefully assess the necessity of the trip, remain mindful of relevant laws and regulations, and exercise prudence in their words and actions to ensure their personal safety,” he said, adding that cross-strait exchanges should be grounded in goodwill, parity, and dignity.
However, the CCP’s use of ambiguous laws and the expansion of its law enforcement reach have cast a shadow over such exchanges, he noted.
Zhong Yuan and Dai Deman contributed to this report.
