5 A Chinese Perspective on the Innocent Passage of Warships …
87
the “prior authorization” requirement in the Chinese Territorial Sea Law 17 times.
That is more than three times on average per year.
Second, the challenge covers extensive geographic locations in the South China
Sea. As can be seen in Table 5.1, the 17 unauthorized passages cover three of the four
major island groups in the South China Sea, namely, the Spratly Islands (7 times), the
Paracel Islands (8 times), and the Scarborough Reef (twice). Only the Pratas Islands,
located closer to the Guangdong Province of the mainland China and currently under
the effective administration of the Chinese (Taiwanese) authorities, is immune from
such unauthorized passage.
Third, the warships used for the “unauthorized passage” to challenge the Chinese
Territorial Sea Law are highly threatening. Indeed, all the US warships that participated in those “unauthorized passage” operations are first class aegis system
equipped, guided-missile destroyers and cruisers, which generally possess hightech, high threat attacking weapons. Compared with the HMS Albion, the less armed
British amphibious warship that conducted “unauthorized passage” on 6 September
2018, the US warships are definitely more threatening.
5.3.2 Reappraisal of the Chinese Response to the US
Challenge
In response to the US warships’ unauthorized passage on 30 September 2018, the
Chinese Ministry of Foreign Affairs Spokesperson Hua Chunying commented that
“the Chinese Navy identified and warned the ship to leave in accordance with laws”.
35
She adamantly criticized the US challenge:
[T]he US chose to ignore the shared will of regional countries and take on one provocative
operation after another. It has, under the pretext of “navigation and overflight freedom”,
violated basic norms governing international relations, threatened China’s sovereignty and
security, and disturbed regional peace and stability…
She also urged the US to “correct its mistakes” and “stop provocative actions”,
and concluded her remarks with a reiteration of the official Chinese stance:
The Chinese side will take all necessary measures to safeguard its national sovereignty and
security. 36
Hua Chunying’s remarks epitomize the “classic” Chinese response to the US FON
operations and the US challenges against the Chinese domestic laws, regulations
and maritime claims, and was actually repeated by other spokesperson following
35 Foreign Ministry Spokesperson Hua Chunying’s Remarks on US Warship’s Illegal Entry into
Waters Close to Nansha Islands”, 2 October, 2018, Ministry of Foreign Affairs of PRC, available at https://www.fmprc.gov.cn/mfa_eng/xwfw_665399/s2510_665401/2535_665405/t1601570.
shtml. Accessed 3 October 2018.
36 Ibid.
87
the “prior authorization” requirement in the Chinese Territorial Sea Law 17 times.
That is more than three times on average per year.
Second, the challenge covers extensive geographic locations in the South China
Sea. As can be seen in Table 5.1, the 17 unauthorized passages cover three of the four
major island groups in the South China Sea, namely, the Spratly Islands (7 times), the
Paracel Islands (8 times), and the Scarborough Reef (twice). Only the Pratas Islands,
located closer to the Guangdong Province of the mainland China and currently under
the effective administration of the Chinese (Taiwanese) authorities, is immune from
such unauthorized passage.
Third, the warships used for the “unauthorized passage” to challenge the Chinese
Territorial Sea Law are highly threatening. Indeed, all the US warships that participated in those “unauthorized passage” operations are first class aegis system
equipped, guided-missile destroyers and cruisers, which generally possess hightech, high threat attacking weapons. Compared with the HMS Albion, the less armed
British amphibious warship that conducted “unauthorized passage” on 6 September
2018, the US warships are definitely more threatening.
5.3.2 Reappraisal of the Chinese Response to the US
Challenge
In response to the US warships’ unauthorized passage on 30 September 2018, the
Chinese Ministry of Foreign Affairs Spokesperson Hua Chunying commented that
“the Chinese Navy identified and warned the ship to leave in accordance with laws”.
35
She adamantly criticized the US challenge:
[T]he US chose to ignore the shared will of regional countries and take on one provocative
operation after another. It has, under the pretext of “navigation and overflight freedom”,
violated basic norms governing international relations, threatened China’s sovereignty and
security, and disturbed regional peace and stability…
She also urged the US to “correct its mistakes” and “stop provocative actions”,
and concluded her remarks with a reiteration of the official Chinese stance:
The Chinese side will take all necessary measures to safeguard its national sovereignty and
security. 36
Hua Chunying’s remarks epitomize the “classic” Chinese response to the US FON
operations and the US challenges against the Chinese domestic laws, regulations
and maritime claims, and was actually repeated by other spokesperson following
35 Foreign Ministry Spokesperson Hua Chunying’s Remarks on US Warship’s Illegal Entry into
Waters Close to Nansha Islands”, 2 October, 2018, Ministry of Foreign Affairs of PRC, available at https://www.fmprc.gov.cn/mfa_eng/xwfw_665399/s2510_665401/2535_665405/t1601570.
shtml. Accessed 3 October 2018.
36 Ibid.