China's anti-terrorism law: important step in an ongoing dance
- By Eugene Clark and Wu Xianshu
0 Comment(s)
Print
E-mail China.org.cn, January 6, 2016
Administratively, relevant departments authorized by the State Council represent the Chinese government in counter-terrorism policy dialogues and exchanges of intelligence information with foreign nations and relevant international organizations, and lawfully initiate cooperative counter-terrorism enforcement and cooperative monitoring of international capital flows.
Not only does China have multiple international commitments militating against possible abuse or over-reach of China's new anti-terrorism measures, the new law promotes cooperation and the honoring of China's multiple international commitments in relation to intellectual property protection.
Section 7, for example, includes five provisions regarding obligations in international cooperation to be borne by the government under treaties and agreements, lists the departments responsible for ensuring this cooperation, and provides for judicial assistance in extradition and transfer of sentenced offenders.
Materials acquired through international counter-terrorism cooperation may be used as evidence in administrative punishment and criminal proceedings, except where the other side has clearly requested they not be so used.
It should also be noted that China has initiated other significant legal reforms promoting the rule of law and the creation of a sound legal framework with clear accountability.
In this new environment of global terrorism, it is especially important that the U.S. and China cooperate. Such cooperation will hopefully build on enhanced cooperation in information sharing, evidence collection, personnel training and other areas in recent years in relation to money laundering, corruption and drug trafficking.
Like climate change, global terrorism demands an international, constructive and cooperative response by all. This requires mutual respect for differences between individual countries and the building of trust by participation in international forums, joint training programs, development of international best practice and information sharing. China's new legislation is a positive step in this direction.
Eugene Clark is a columnist with China.org.cn. For more information please visit:
http://www.china.org.cn/opinion/eugeneclark.htm
Wu Xianshu is legal assistant at Simpsons Thatcher Bartlett, LLB graduate from China University of Political Science and Law.
Opinion articles reflect the views of their authors only, not necessarily those of China.org.cn.
Go to Forum >>0 Comment(s)