New Chinese law in disputed waters to take effect Aug. 1

MANILA, Philippines - A new Chinese law empowering the military to prevent “intrusions” into restricted waters will take effect next month.

Hong Kong’s South China Morning Post reported that the National People’s Congress Standing Committee enacted on Friday the Protection of Military Installations law, to take effect on August 1.

It is a new version of a 1990 law that did not include the protection of restricted waters, airports and radio channels.

It will step up protection of China’s territorial waters and military facilities following reports of inadvertent intrusions into restricted zones and concerns about spying.

The Post said a report released at a legislative meeting on Friday mentioned that the People’s Liberation Army general staff department indicated many of the nation’s military zones had been probed by foreign intelligence.

The military adviser quoted by the official PLA Daily said “there have also been more innocuous intrusions into secured areas, for example by fishermen sailing into military restricted waters.”

Department of Foreign Affairs (DFA) spokesman Charles Jose said yesterday they are still studying the new Chinese law to boost military security in waters being claimed by China.

“We are still studying the law and its possible implications,” he said.

Speaking to reporters yesterday, Rommel Banlaoi, Center for Intelligence and National Security Studies (CINSS) chairman, said the new law has no serious security implications in the West Philippine Sea for now.

China can always use it in the future to back its encompassing claim to the entire region, he added.

Banlaoi said the new law is likely to be enforced only in the coastal waters of Hainan.

“There’s no cause for alarm for now because it (the new law) did not mention the South China Sea (SCS) issue,” he said.

“From what I know the law was passed because of suspicious facilities, like hotels and resorts, that are now sprouting up at its Hainan province.”

China is highly suspicious that new facilities   along its coastal waters are being used for spying in the guise of tourism, he added.

Banlaoi said China can always apply the law in the future to justify its 10-dash lines covering almost the entire West Philippine Sea, including the coastal waters of the Philippines, Vietnam, Malaysia and Brunei.

“This is worth watching because if this happens, it will further create a problematic situation in the region affecting the Spratlys-claimant states,” he said.

“I can only hope that this will not happen in the future. Slowly, China is making small moves aimed at establishing a ‘new normal situation,’ in the hotly contested South China Sea region.”

Banlaoi said China’s activities should be dealt with through various diplomatic channels.

“Aside from the Spratly-claimant states, there are many military and commercial vessels plying that particular sea lane, so it will have a major impact among major powers,” he said.

Banlaoi is a senior lecturer on International, Humanitarian and Development Studies at Miriam College in Quezon City. – With Jaime Laude