China seeks detention of foreigners in disputed South China Sea

Philippines files new legal submission before the UN, asserting its own entitlements while challenging Beijing’s claim.

New maritime rules issued by China that allow its coastguard to detain foreigners for trespassing in the disputed South China Sea have taken effect – but their international legitimacy is being questioned by neighbouring countries.

China claims almost the entirety of the South China Sea, brushing aside competing claims from several Southeast Asian countries including the Philippines and a 2016 ruling by an arbitration tribunal in The Hague, which declared that its stance had no legal basis.

The Chinese government has been deploying the country’s coastguard and other boats to patrol the waters it claims as its own, and has turned several reefs into militarised artificial islands. In recent years, Chinese and Philippine vessels have had a series of confrontations in disputed areas that have raised fears of a wider conflict.

From Saturday, China’s coastguard can detain foreigners “suspected of violating management of border entry and exit”, according to the new regulations published online.

Detention is allowed for up to 60 days in “complicated cases”, they say. “Foreign ships that have illegally entered China’s territorial waters and the adjacent waters may be detained.”