they can open a 51 attack any time they want.
I would agree with you if 'they' was a single entity, rather than the most populous country on the face of the earth -- or even a half-dozen
decision makers running a half-dozen
pools, which each aggregate the hashpower of
multitudinous hashers, all in competition with each other over solving the next block.
But as it stands, there is no singular 'they', so no 51% attack.