China's recent announcement that it could impose the death penalty on supporters of Taiwanese independence has prompted some foreign companies to consider relocating their Taiwanese employees out of China. The new guidelines issued by Beijing have raised concerns among Taiwanese expatriates and foreign multinationals operating in China, who are now assessing their legal risks and exposure. As of 2022, there were approximately 177,000 Taiwanese workers in China. The guidelines criminalize activities such as promoting Taiwan's entry to international organizations, external official exchanges, and suppressing pro-reunification parties, groups, and individuals. The guidelines state that 'ringleaders or those who have committed serious crimes' may be sentenced to death if the harm to the country and the people is deemed particularly serious. However, the regulations do not provide further clarification on who might be subject to the death penalty [78995fa7].
The uncertainty created by these new guidelines adds to the challenges faced by foreign companies doing business in China. This comes in addition to other measures such as China's anti-espionage law and its national security law for Hong Kong. Some foreign corporations operating in China have already held meetings with their employees to discuss safety concerns. The guidelines have put foreign companies in a difficult position, forcing them to choose between relocating their operations entirely to retain Taiwanese talent or refraining from hiring Taiwanese employees altogether [78995fa7].
In response to China's threat of the death penalty for supporters of Taiwanese independence, Taiwan's Mainland Affairs Council has urged Taiwanese people to avoid all non-essential travel to China, Hong Kong, and Macau. The council's advisory comes as a result of the new regulations issued by Beijing. The council's warning highlights the growing tensions between Taiwan and China, and the potential risks faced by Taiwanese citizens in China and its territories [78995fa7].
China's new legal guidelines that threaten Taiwan's autonomy, including the use of trials in absentia and the death penalty for asserting Taiwan's independence, have drawn criticism from Human Rights Watch (HRW). HRW argues that these guidelines pose a threat to Taiwan's basic freedoms and label all activities related to Taiwanese independence as crimes. This includes establishing an independent Taiwan and deviating from the Chinese narrative of Taiwan. The HRW report also mentions that these guidelines will have a chilling effect on Taiwanese nationals living in China. Taiwan has raised its alert levels for Taiwanese nationals traveling to China due to arbitrary arrests and detentions orchestrated by China. HRW opposes the death penalty in all circumstances. China-Taiwan tensions have been escalating, with recent reports of Chinese military activity near Taiwan's territory and Taiwan accusing China of meddling in elections and influencing media [4c03a6f3]. HRW's criticism of China's expansionist guidelines adds to the international concern over China's actions and their impact on Taiwan's bid for independence [037db73b].