Beijing clarifies coastguard’s detention powers as activists converge on Scarborough Shoal in the South China Sea

The release of the latest regulatory document, effective from June 15, coincided with a civilian mission from the Philippines that kicked off on Wednesday to assert Manila’s claims near the contested Scarborough Shoal, also known as Panatag Shoal.

Beijing and Manila both claim the China-controlled shoal – once a common fishing ground for China, the Philippines and Vietnam – and there have been repeated confrontations, sometimes involving clashes between Chinese and Philippine ships.

The regulatory document details rules on the handling of administrative cases and includes a chapter on cases involving foreigners suspected of violating China’s border laws.

Detention can be applied to those suspected of violating exit-entry management regulations, including assisting others to cross borders illegally, having illegal residence and employment in the country, and offences deemed to endanger China’s national security and interests.

According to the regulations, the coastguard can impose up to 30 days of detention on foreigners who violate China’s exit-entry rules. For complicated cases, the time limit can be extended up to 60 days, upon approval from a higher level coastguard agency.

Provincial-level coastguard bureaus are authorised to make their own approvals to extend the detention period.

Chinese coastguard vessels have been present since the Philippine activists and fishermen’s Atin Ito Coalition arrived at the contested shoal on Wednesday.

On Thursday, the China coastguard monitored Philippine vessels which “illegally gathered in waters near Huangyan Island and carried out activities unrelated to normal fishing operations”, state broadcaster CGTN reported.

According to the report, the coastguard “lawfully regulated” the Philippine vessels.

The Chinese foreign ministry on Wednesday warned against Manila’s infringement on “China’s territorial sovereignty and jurisdiction”, noting that “China will safeguard its rights and take necessary countermeasures in accordance with the law”.