Abuse fears sparked by China’s proposed ‘hurt feelings’ legal change
- Legislative amendment includes detention for wearing clothes or publishing articles ‘harmful to the spirit or feelings of the Chinese nation’
- Lawyers and other experts have expressed alarm that the proposal would give too much power to grass roots police
“Hurting the feelings of the Chinese nation” could be punished by up to two weeks in detention without trial, according to a proposed legal amendment that has triggered a backlash amid widespread concerns of abuse.
The clause stipulates six acts that could attract up to 15 days in detention, including “wearing or forcing another person to wear clothing or symbols that are harmful to the spirit … or the feelings of the Chinese nation in a public place”.
“Producing, disseminating, propagating or spreading articles or remarks” regarded as harmful would also be liable for punishment under the proposed amendment to the 2006 law that targets minor offences and is generally enforced by grass roots police.
Violations of the law in question are not considered crimes and offenders are not taken through the courts. They can face fines and up to 15 days in detention, as well as a record on their resumes which may affect education and work prospects.
Lawyers and experts argue that the proposed Article 34 would give grass roots police – who operate at the county level – unevenly large powers which could be abused. They also expressed concern that it could add more oxygen to extreme nationalism.