Introduction: Law and Politics of Religious Fraud Regulation

This chapter introduces the book by presenting the key findings. There are three types of religious fraud regulation in China, Taiwan and Hong Kong. Specific legislations: art. 300 of Criminal Law in China to target evil cults and superstitions; Supervision of Temples Act in Taiwan to target Buddhism and Taoism; Chinese Temples Ordinance in Hong Kong to target Chinese religions. Sexual offence (i.e., rape, forcible sex, procurement by false pretence offence) and property offence (i.e., swindling, fraud) are also employed in all three jurisdictions. China’s religious fraud regulations are constitutional given China’s illiberal constitution. Taiwan’s religious sexual fraud criminalization and some of its religious property fraud criminalization is unconstitutional. Hong Kong’s religious sexual fraud criminalization and Chinese Temples Ordinance is unconstitutional. All three jurisdictions have a similar approach to religious freedom: conception of false religions to prop up a religious hierarchy. Rational choice analysis of political dynamics reveals societal distaste and lack of numerical numbers can overcome legal and democratic checks. Implications: illiberal policies have a long-lasting impact, and complicity of liberal democratic advocates vis-à-vis democratic backsliding is devastating. This introduction also provides a definition for religious fraud regulations: state actions that are designed to address concerns about false religions or fake religious practices.