Beijing, China

A draft 'dress code' law recently proposed in China has ignited a furious debate within the country. The law, if enacted, would ban speech and attire deemed "detrimental to the spirit of Chinese people."

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This move has raised concerns about potential repercussions and a lack of clarity regarding what constitutes a violation, reported the BBC. 

The proposed law does not explicitly define what actions or expressions would be considered in violation of the prohibition. This ambiguity has led to a chorus of voices, including social media users and legal experts, calling for greater clarity in order to prevent potential overreach and excessive enforcement.

This draft law is part of a broader set of proposed changes to China's public security laws, marking the first significant reforms in decades.

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Penalties for violations

The contentious clauses of the draft law suggest that individuals found wearing clothing or symbols that "undermine the spirit or hurt the feelings of the Chinese nation" could face detention for up to 15 days and fines of up to 5,000 yuan ($680).

Similarly, those who create or disseminate articles or speech that fall under this category could face the same punishment.

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Questions surrounding enforcement and subjectivity

Online discussions are rife with questions about how law enforcement authorities would determine when the "feelings" of the nation are "hurt."

This ambiguity has led to concerns about potential abuse of power. For instance, one user on the Chinese social media platform Weibo questioned whether wearing a suit and tie, which has Western origins, could be construed as hurting national feelings. 

Legal experts' criticisms

Legal experts within China have also expressed reservations about the vague language of the draft law. They argue that such ambiguity could lead to infringements on personal rights and liberties. Zhao Hong, a law professor at the Chinese University of Political Science and Law, highlighted the risk of law enforcers imposing their own moral judgements beyond the scope of the law.

She referenced a case from last year where a woman in a kimono was detained in Suzhou, sparking outrage on social media.

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Cultural expressions under scrutiny

The draft law exemplifies a broader trend in China under the leadership of President Xi Jinping. Since coming to power in 2012, Xi has sought to redefine what constitutes a model Chinese citizen. This includes issuing "morality guidelines" in 2019, which encourage behaviours such as politeness and environmentally friendly travel while emphasising loyalty to Xi and the Communist Party. The draft law reflects a continued push to regulate cultural expressions and behaviours.

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