Any use of the provision would likely be selective and shaped by political considerations, said Carolin Kautz, founder of geopolitical risk and China advisory firm SinoVise.
“The vagueness of the legal formulation allows for that,” she told CNA, adding that such broadly defined terms have long allowed Beijing to bring political issues – both domestic and international – within the legal system.
“Bracing itself against an increasingly challenging global environment has been a long-term priority, and an expanding foreign-related legal toolkit is part of this process.”
Donald Clarke, professor of law emeritus at George Washington University Law School, highlighted how the proposed clause broadly references China’s “national interests” and “social public interests”.
Asked how much discretion the wording could give prosecutors and courts, he said: “Limitless.”
MANAGING FOREIGN-RELATED DISPUTES
The draft law fits into a wider effort by Beijing to build a more institutionalised legal framework for managing foreign-related disputes.
China’s response to foreign sanctions and restrictions has gradually moved beyond diplomatic protests and case-by-case countermeasures towards a standing body of laws and procedures, analysts said.
In 2021, China introduced rules allowing it to prohibit compliance with foreign measures it considers improperly applied beyond their jurisdiction. Chinese citizens and organisations harmed by compliance with such measures may seek compensation through the courts.
Months later, China enacted the Anti-Foreign Sanctions Law, authorising measures including entry restrictions, asset freezes and bans on transactions or cooperation with targeted individuals and organisations.
It also allows Chinese citizens and organisations to sue those who implement or assist discriminatory foreign measures targeting them.
China’s foreign-related legal toolkit widened further this year with regulations covering industrial and supply-chain security and what Beijing considers the improper overseas application of foreign laws.
Together, the regulations provide for investigations, prohibition orders and restrictions on activities such as trade and investment. In certain circumstances, Chinese citizens and organisations that suffer losses may also seek compensation in court.
