China Coast Guard empowered to detain South China ‘trespassers’

MANILA, Philippines — China is now looking at detaining for 60 days without trial suspected violators of its exit and entry laws covering what it considers its territorial waters, including almost the entire South China Sea.

The new rules, which Beijing intends to enforce by June 15, were made public yesterday following the success of the Atin Ito Coalition’s civilian peace and solidarity resupply mission to Panatag (Scarborough) Shoal in the West Philippine Sea (WPS).

The Philippine Coast Guard (PCG), meanwhile, said such a statement “should be ignored.”

The China Coast Guard (CCG) is likely to lead the enforcement of what Beijing refers to as “maritime administrative law.” 

Interestingly, the new rules were deliberated and adopted on May 15, the same day that Atin Ito’s civilian mission to Panatag Shoal of the WPS officially began its trip.

Article 257 of the new directives pertaining to “foreigners suspected of violating entry and exit control” states that the CCG may detain persons while investigating for as long as two months.

“In any of the following circumstances, if the suspicion cannot be ruled out after on-the-spot interrogation or continued interrogation and further investigation is required, the person may be detained for review with the approval of the person in charge of the coast guard agency,” the new rules read.

Covered by the new rules are those suspected of illegal entry and exit, suspected of assisting others to illegally exit and enter the country, those suspected of illegal residence or illegal employment or of endangering national security and interests, as well as those disrupting social and public order or engaging in other illegal and criminal activities.

“The period of detention review shall not exceed 30 days. If the case is complicated, it can be extended to 60 days with approval from the police agency. For those whose nationality and identity are unknown, the detention review period shall be calculated from the date when their nationality and identity are ascertained,” the new rules state.

“If it is decided that the detention review period needs to be extended, it may be approved by the coast guard agency that made the decision,”