China banning clothes that hurt national feelings would be a stitch too far

The proposed legal amendment is vaguely drafted and has raised fears that it could lead to arbitrary arrests
As young people wearing kimonos or T-shirts with rainbows find themselves barred by security or even detained by police, concerns about personal liberties are growing

Lijia Zhang

Published: 3:00am, 13 Sep 2023

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When I read about the draft legal amendment to ban clothing and symbols that are “detrimental to the spirit” of the nation or “hurt the feelings” of the Chinese people, I wasn’t sure whether to laugh or cry. Part of the five-year legislative plan released by the National People’s Congress (NPC) Standing Committee, China’s top legislative body, the proposed amendment to the Public Security Administration Punishments Law could see offenders detained for up to 15 days and fined up to 5,000 yuan (US$681).

This has sparked heated discussion among legal experts as well as ordinary citizens. Many feel the proposal is excessive, even absurd; others worry that it may lead to arbitrary arrests.

Since President Xi Jinping took power, his government has clamped down on civil liberties. I view the proposed amendment as yet another indication of this worrying trend.

It reminds me of when I worked at a rocket factory in the 1980s. During the various “anti-spiritual pollution” campaigns that came and went like summer storms, morality police were sent to stand at the factory gates, catching and punishing anyone deemed to be wearing outfits deemed inappropriate, such as skinny jeans or flared trousers which were seen as symbols of capitalism. It was worse during the Cultural Revolution, when the wrong clothes could get you beaten up or sent to jail.

The year 1989 was very much a watershed. The pro-democracy movement happened not only because people wanted democracy and greater human rights, but also because people were unhappy with their lives.

After the crackdown, while tightening political control, the authorities slowly started to grant citizens more personal freedom. People could decide what to wear, where to live and how to go about their lives. Finally, there was something like personal space.

Sure, there was still control, but for many, the cage had grown so large that they didn’t chafe at the limits. In 2010, when the Arab spring erupted in the Middle East, the Chinese government worried that a similar movement might sweep over China. But the “Jasmine Revolution”, as some hopefully called it, did not materialise because the repression in China was not severe and people’s living standards were improving.

Police urge people to leave as they gather in front of a cinema that was a planned protest site in Shanghai on February 20, 2011, after a mysterious online call for a Jasmine Revolution. Photo: AP

This personal space, however, seems to be shrinking.

Last summer, a young woman doing a photo shoot in Suzhou was detained by the police simply because she was wearing a kimono. Last month, people wearing shirts with rainbows, seen as a pro-LGBTQ symbol, were not allowed to enter a concert in Beijing.

The Chinese authorities have always liked to behave like a parent, offering citizens all sorts of advice on matters minor and major. In 2019, they issued “morality guidelines” which directed people to be polite, travel with a lower carbon footprint and have “faith” in the Communist Party.

But the latest proposed law goes a bit too far. Some have speculated that kimono wearers are likely to be the target. Anti-Japan sentiment has long run high in China because of imperial Japan’s war atrocities, such as the massacre at Nanjing. After police detained the kimono-clad woman in Suzhou last year, netizens debated whether donning a kimono was unpatriotic.

02:27

Chinese woman detained by police for wearing kimono in public

The debate has flared up again. If wearing a kimono went against the proposed law, one netizen wondered, what about Western-style clothing? Another responded by noting that Western-style clothing is a symbol of Western culture and can be seen as a symbol of Western invaders, so why wouldn’t wearing Western-style clothing constitute hurting national feelings?

The problem is that the draft law is vague. The proposed change does not specify the kinds of clothing that would constitute a violation.

Legal experts have been weighing in with concerns over potential overreach and abuse of power. Many ordinary citizens, who have been enjoying a certain degree of personal freedom, have expressed the same fear. Vague legal phrasing could lead to random detentions if it is left to the police to interpret which outfits are improper.

06:21

Young people in China are reviving old clothing, and maybe nationalism too

An incident in Wuhan has only reinforced people’s concerns. About a week ago, video footage emerged of a group of young people in hanfu at Panlongcheng National Archaeological Site Park, a public park, who were repeatedly told to leave by security guards who thought they were in kimono – even though they explained they were in Tang dynasty costume.

I am delighted to see the outpouring of criticism over the contentious draft amendment. Hopefully, if opposing voices are loud enough, the authorities will listen and rethink going ahead with it. Personal freedom should be respected.

Lijia Zhang is a rocket-factory worker turned social commentator, and the author of a novel, Lotus