China mobilizes coast guard to detain 'trespassers' in South China Sea without trial

MANILA, Philippines — China has granted its Chinese Coast Guard (CCG) the authority to detain foreigners it suspects of "trespassing" its borders — including disputed areas in the South China Sea that it claims to be its territorial waters — for up to 60 days without trial.

The directive is housed under regulations rolled out by the CCG on Wednesday that standardize its law enforcement procedures, which will take effect on June 15, according to Chinese state-run news agency China News Service. 

A 92-page document titled "Procedural Regulations on Administrative Law Enforcement of Coast Guard Agencies" and uploaded by the state-run news agency confirms that the CCG adopted the procedures on May 15, the same day that the Philippines launched its Filipino-led civilian mission to Panatag (Scarborough) Shoal in the West Philippine Sea.

Philstar.com has reached out to the Chinese Embassy of Manila for clarification and will update this story with their response.

Under Article 257 of the document uploaded by China News Service, the Chinese Coast Guard is allowed to detain foreigners suspected of violating entry and exit rules, persons found to be assisting others to illegally exit and enter Chinese territory, and persons having illegal residence and employment.

The rules also allow the detainment of individuals "endangering national security and interests, disrupting social and public order, or those engaging in illegal and criminal activities," according to a translation of the provision through an open-source translation tool.

According to the new regulations, the Chinese Coast Guard can detain foreigners for up to 30 days if they violate China’s exit-entry rules, but this can be extended to 60 days for more complex cases, with approval from the police. 

The regulations state the time of detention shall be calculated from the date when the person's nationality and identity are ascertained.

Provincial-level coast guards are allowed to make detention decisions on their own but will require approval from the coast guard agency for any requests to extend the detention review period, according to the regulations.

On Friday, House Deputy Minority Leader Rep. France Castro (ACT Teachers) said the CCG's power to detain foreigners suspected of breaking border rules is "highly condemnable and is not even legal." 

"China has no right to impose such a regulation. If any country has a right to arrest foreigners, it is the Philippines," Castro said.

The House lawmaker said that China is "the one trespassing on our territorial waters and our execlusive economic zone." 

The lawmaker urged the Philippine government to fast-track its filing of a new case against China in the Permanent Court of Arbitration, while also calling on "the international community, especially the ASEAN" to condemn China's actions.

China's failed attempt to thwart Atin Ito convoy

On Wednesday, the Chinese foreign ministry issued a statement warning the "Atin Ito" civilian convoy from infringing upon Beijing's "indisputable sovereingty" over Scarborough Shoal, saying that they will "take countermeasures in accordance with the law."

After being shadowed by two CCG vessels, the "Atin Ito" civilian mission, through its advance team, was able to breach China's blockade at Bajo de Masinloc and distribute food and fuel to Filipino fishermen there, the group said on Thursday.
 
Filipino fishermen have been continuously tailed and run off by Chinese vessels in the tense waterways, leading some to experience sharp declines in their main source of income over the years.

Fernando Hicap, chairperson of fisherfolk group Pamalakaya, told Benar News in 2021 that some 627,000 Filipino fishermen have lost their livelihood due to Chinese activities.

To this day, Beijing refuses to acknowledge the 2016 Hague ruling that overwhelmingly backed the Philippines in a maritime dispute against China, saying that China had no legal basis to claim historic rights in most of South China Sea.

The Hague-based Permanent Court of Arbitration ruled that China's claims lacked a basis in international law.