China’s “Marine Police Law” authorizes the use of force, Diaoyutai waters fear gunfire

China’s National People’s Congress today (22) passed the Maritime Police Law of the People’s Republic of China, effective February 1, 2021. The bill gives marine police units the authority to use force when dealing with foreign vessels in Chinese waters, which will significantly increase the likelihood of gunfire incidents between China and its maritime neighbors in disputed waters.

According to the bill, the scope of law enforcement by the Chinese maritime police includes China’s internal waters, territorial waters, contiguous zone, economic waters, mainland reefs and other waters under China’s jurisdiction; foreign organizations or individual structures, as well as all kinds of fixed and floating devices, the maritime police has the right to order them to rectify, and if they refuse to cooperate, they can be forcibly removed.

In addition, the bill also specifies that if a foreign ship enters the waters under Chinese jurisdiction to illegally engage in production and operational activities, disobeys instructions to stop the ship or refuses the Chinese marine police to board and inspect the ship, and after the warning is ineffective, the marine police personnel may use various types of force, including personal hand-held firearms, shipboard machine guns, etc.

Japanese media “Japan Times” said, because China claims sovereignty over the Diaoyu Islands, so the “Marine Police Law” will likely pose a serious threat to Japanese vessels in the waters around Diaoyutai.

Chinese Foreign Ministry spokeswoman Hua Chunying said at a press conference today that Diaoyutai and its affiliated islands are China’s inherent territory, and that China and Japan should maintain peace and stability in the relevant waters in accordance with the spirit of the four-point consensus between China and Japan; and that the enactment of the Marine Police Law is a normal legislative activity of the National People’s Congress of China, and the relevant content is in line with international practice.