Recently Yahoo News on-line reported the following:
China's exit bans multiply as political control tightens
under Xi (2/2)
Tue, May 2, 2023 at 1:01 a.m. GMT+1
By James Pomfret and Angel Woo
(continue)
'UNCERTAINTY IS HUGE'
Foreign businesses are concerned about the heightened
scrutiny and the vague wording of the counter-espionage legislation, which says
exit bans can be imposed on those who cause "harm to the national security
or significant damage to national interests".
"The uncertainty is huge," said Jorg Wuttke, head of the European Union Chamber of Commerce in China. "Can you do due diligence? Clarity has to come."
People barred from leaving China include regular Chinese embroiled in financial disputes as well as rights defenders, activists and lawyers, and ethnic minorities such as Uyghurs in China's northwestern Xinjiang region, according to the Safeguard Defenders report.
It cites a Chinese judicial report saying 34,000 people were placed under exit bans between 2016 and 2018 for owing money, a 55% rise from the same period three years earlier.
Some activists say the wider use of exit bans reflects tighter security measures under President Xi.
"They can find any reason to stop you from leaving the country," said Xiang Li, a Chinese rights activist who was denied exit for two years before escaping from China in 2017 and later receiving asylum in the United States.
"China doesn't have the rule of law," she told Reuters by phone from California. "The law is used to serve the purposes of the Chinese Communist Party. It's very effective."
(Reporting by James Pomfret and Angel Woo; Additional reporting by Engen Tham and Brenda Goh in Shanghai and Michael Martina in Washington; Editing by William Mallard and Gerry Doyle)
Translation
(繼續)
“不確定性很大”
外國企業對反間諜法的審查力度加大和措辭含糊感到擔憂,該法表示可以對 “危害國家安全或嚴重損害國家利益” 的人實施出境禁令。
中國歐盟商會會長 Jorg Wuttke 說: “不確定性很大”。 “你能進行盡職調查嗎?必須要清晰起來。”
歐盟商會在一份聲明中告訴路透社: “在中國積極努力恢復商業信心以吸引外國投資之際,出國禁令發出了一個非常錯雜的信號。”
根據 Safeguard Defenders 的報告,被禁止離開中國的人包括捲入金融糾紛的普通中國人、維權人士、活動人士和律師,以及中國西北部新疆地區的維吾爾族等少數民族。
它援引一份中國司法報告稱,2016 年至 2018 年期間,有 34,000 人因欠款而被禁止出境,比三年前同期增加了 55%。
一些活動人士表示,更廣泛地使用出境禁令反映了習主席領導下更嚴格的安全措施。
之前被拒絕出境兩年, 在 2017 年逃離中國、後來在美國獲得庇護的中國維權活動人士 Xiang Li說:“他們可以找出理由阻止你離開這個國家”。
她在加州通過電話告訴路透社說:“中國沒有法治,”。 “法律是為中國共產黨服務的,非常有效。”
So, China is increasingly barring people from leaving the country, including foreign executives. This contrasts with China's message that it is opening up to overseas investment and travel. China foreign companies and entities are expressing concern about this ban. I think this will affect the mood in doing business in China.
Note:
1. Due diligence in business, finance and economics
is the detailed examination of a company and its financial records, done before
entering into a business arrangement.
2. Mintz company in its web-site claims that it has
created breakthrough legal strategies that help clients solve problems. Their
attorneys combine legal, business, and industry insight to help navigate
shifting challenges. They help clients comply with evolving regulations and
compete in emerging markets. (https://mintzgroup.com/services/before-relationships/corporate-due-diligence/)
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