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Defence & Aerospace

China says new military regulations on treason and deserting is “preparation for war”

China MilitaryMing Pao says in its report today titled PLA New Rules: Treasonable Speech Guilty of a Crime, “The Supreme People’s Procuratorate and the People’s Liberation Army (PLA) General Political Department has promulgated “Regulations on the Standards for Prosecution of the Crime of the Serviceman’s violation of Duty” for punishment of crimes of serviceman’s violation of duty in accordance with law and protection of the state’s military interests.

“The part of the regulations on the ‘crime of serviceman’s defect’ stipulates that a serviceman turning traitor and fleeing from China, turning traitor and fleeing outside China, joining a reactionary organisation or giving treasonable speech constitutes a crime.

“Some academics in PLA told Ming Pao that the PLA’s primary discipline is ‘obeying order and command’ and ‘no democracy or freedom can be allowed in that respect.’”

There is already a chapter in China’s Criminal Law on the crimes of serviceman’s violation of duty. The Regulations interpret the provisions of the Criminal Law and list in details the cases for prosecution.

Article 11 of the Regulations on the crime of serviceman’s defection provides that where a serviceman leaves his position in the period when he is performing public duty and turns traitor and flees from China or turns traitor and flees outside China, thus endangering the state’s military interests, he has committed the crime of defection.

The Regulations also clearly stipulate that a serviceman suspected of any of the acts of fleeing from China due to opposition to the state’s political power or the socialist system, giving public treasonable speech, or joining a reactionary agency or organisation abroad shall be prosecuted.

The corresponding Article 430 of the Criminal Law stipulates that an offender of a crime of serviceman’s defection shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and if the circumstance is serious, to fixed-term imprisonment of not less than five years.

A serviceman who drives an aircraft or warship who turns traitor and flees, or has any other especially serious circumstance, will be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.

Note: The death penalty may be meted out for the crime of defection if serious.

The Regulations contain many provisions related to wartime offences, including disobeying orders in wartime, surrendering to the enemy, deserting from one’s unit during a battle, fighting inactively, injuring a civilian, and other crimes.

Those provisions were all in in a previous draft of the Regulation, for trial implementation. Such provisions are now formally written into the Regulations as of today.

Senior Colonel Liu Mingfu, a professor of the National Defence University, explained to a Ming Pao reporter that the promulgation of the Regulations aimed at providing the PLA legal guarantee for victory as they provide the grounds for strict command of the troops.

In addition, Prof. Colonel Liu said that there has been an established tradition in the PLA that when making preparations for war, discipline in war will be announced before troops leave for the battlefield. Therefore, the promulgation of the Regulations is “a major measure in preparation of war.”

Source: Ming Pao “PLA New Rules: Treasonable Speech Guilty of a Crime” (Excerpts and summary translated from Chinese by Chan Kai Yee)

About chankaiyee2

Author of the book "Tiananmen's Tremendous Achievements" about how with the help of Tiananmen Protests, talented scholars with moral integrity seized power in the Party and state and brought prosperity to China. The second edition of the book will be published within a few days to mark the 25th anniversary of Tiananmen Protests All the parts in the first edition remain in the second edition with a few changes due to information available later and better understanding. There are also some changes for improvements of style. The new parts are Chapters 12-19 on events in China after the first edition was published: The fierce power struggle for succession between reformists and conservatives; Xi Jinping winning all elders’ support during his mysterious disappearance for 2 weeks in early September, 2012; and Xi Jinping Cyclone. Chan Kai Yee's new book: SPACE ERA STRATEGY: The Way China Beats The US An eye-opening book that tells the truth how the US is losing to China. The US is losing as it adopts the outdated strategy of Air-Sea Battle while China adopts the space era strategy to pursue integrated space and air capabilities: It is losing due to its diplomacy that has given rise to Russian-Chinese alliance. US outdated strategy has enabled China to catch up and surpass the US in key weapons: Hypersonic weapons (HGV) that Pentagon regards as the weapon that will dominate the world in the future. Aerospaceplane in China’s development of space-air bomber that can engage enemy anywhere in the world within an hour and destroy an entire aircraft carrier battle group within minutes. Anti-satellite (ASAT) weapons, anti-ASAT weapons, stealth aircrafts, drones, AEW&C, etc. The book gives detailed descriptions of China’s weapon development based on information mainly from Chinese sources that the author monitors closely. U.S. Must Not Be Beaten by China! China is not a democracy. Its political system cannot prevent the emergence of a despotic leader or stop such a leader when he begins to bring disasters to people. A few decades ago, Mao Zedong, the worst tyrant in world history did emerge and bring disasters to Chinese people. He wanted to fight a nuclear war to replace capitalism with communism but could not bring nuclear holocaust to world people as China was too weak and poor at that time. If a despot like Mao Zedong emerges when China has surpassed the US in military strength, world people will suffer the misery experienced by Chinese people in Mao era. China surpassing the US in GDP is not something to worry about as China has the heavy burden to satisfy its huge population, but China surpassing the US in military strength will be world people’s greatest concern if China remains an autocracy. US people are of much better quality than Chinese people. What they lack is a wise leader to adopt the correct strategy and diplomacy and the creative ways to use its resources in developing its military capabilities. I hope that with the emergence of a great leader, the US can put an end to its decline and remain number one in the world. China, US, space era strategy, air-sea battle, space-air bomber, arms race, weapon development, chan kai yee


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