China has dropped a highly controversial clause from a legislative amendment that would have punished anyone guilty of “hurting the feelings of the Chinese nation”.
The clause was dropped from a revised draft of Article 34 proposed for the Public Security Administration Punishments Law and submitted to the top legislature, the National People’s Congress (NPC), for a second review at its session last week.
The public has until July 27 to submit feedback on the proposal.
The original clause – “producing, disseminating, propagating or spreading articles or remarks that are harmful to the spirit or the feelings of the Chinese nation” – has been removed from the article.
In the first proposed draft amendment released in September, the clause stipulated six acts that could attract up to 15 days in detention, including “wearing, displaying or decorating in public places, or forcing others to wear, display or decorate, clothing or symbols that are harmful to the spirit or the feelings of the Chinese nation”.
The phrases “harmful to the spirit of the Chinese nation” and “hurting the feelings of the Chinese nation” in the previous version of Article 34 were dropped, Shen Chunyao, deputy chairman of the NPC constitution and law committee, said on Tuesday.
The phrasing was subjective, with potential for misinterpretation, which would make it “difficult to define its meaning in legislation and hard to grasp in law enforcement”, Shen was quoted as saying by People’s Daily.
“There is concern that law enforcement may infringe upon the legitimate rights and normal life of the public. Considering various factors and law enforcement needs, this draft revision will not use this expression any more.”
The clause regarding dress has been amended to: “wearing, displaying, or decorating in public places or forcing others to wear, display or decorate clothing or symbols that promote or glorify aggressive war or aggressive behaviour, causing a negative social impact”.
