TAIPEI (Taiwan News) — A proposed amendment to a public security regulation in China has spurred opposition from academics, as people could be detained if their outfit is deemed as “hurting the feelings of the Chinese people.”
In question is a clause of the revised Law on Penalties for Administration of Public Security (治安管理處罰法), which outlaws “wearing clothes or sporting signs that jeopardize the national spirit or hurt the feelings of the Chinese people.” Violators risk detention of up to 10 to 15 days and a maximum fine of 5,000 yuan (US$685, NT$21,856).
The draft amendment was published by the top legislature on Aug. 28, and public opinions are being sought until Sept. 30. Chinese netizens are polarized on the legislation, and some Chinese legal experts have voiced concerns about the vague terminology of the clause.
Professor Lao Dongyan (勞東燕) of Tsinghua University’s School of Law cautioned that the text's ambiguity could result in multiple interpretations and abuse of power. Directly intervening in how people should and should not be dressed can further stoke extreme nationalism and cause conflicts between members of the public and law enforcement, she added.
This view is shared by Chinese jurist Tong Zhiwei (童之偉), who questioned that the so-called “national spirit” and “feelings of the Chinese people” can hardly be defined legally. Even Global Times, a mouthpiece of the Chinese Communist Party, published an article about the controversy surrounding the issue.
In 2022, a Chinese anime fan was interrogated by police over wearing a kimono for cosplay. She was berated by a police officer, and the incident sparked a heated debate about what some slammed as extreme nationalism.