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October 28, 2014

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China considers new measures to curb spying

CHINA’S top legislature began the reading of a draft counter-espionage law yesterday aimed at more comprehensive state security.

It is expected to include new rules that have proven effective in practice but have not yet been written into current law, according to the Law Committee of the National People’s Congress Standing Committee.

Sun Baoshu, the committee’s deputy director, said it is necessary to transform the National Security Law into the Counter-espionage Law in order to “prepare for a comprehensive and fundamental state security law.”

According to the draft, “Counter-espionage work should proceed according to law, respect and ensure human rights, and guarantee the legal interests of citizens and organizations.”

The provision was added based on suggestions from lawmakers and experts.

Information and material obtained for counter-espionage work should only be limited in the field, and confidentiality should be ensured regarding state and commercial secrets and personal privacy, the draft says.

It also bans illegally possessing special espionage instruments. In order to prevent law enforcement at discretion, the draft says whether something is considered an instrument of espionage should be confirmed by state security departments according to regulations.

The stipulation was added after lawmakers suggested that electronic devices such as smartphones can also be used in espionage.

The draft also rewrites articles that were not in line with other laws that have been revised in recent years, including the Criminal Law and Criminal Procedure Law.

The draft also specifies espionage’s definition — foreign organizations and individuals who conduct espionage activities or who instigate and sponsor others in conducting them will be punished, as will domestic organizations and individuals who spy on the country for foreign organizations and individuals.

Espionage activities

It grants national security agencies the authority to ask an organization or individual to stop or change activities considered harmful to national security. If they refuse or fail to do so, the agencies will be entitled to seal or seize related properties.

The agencies are also entitled to seal and seize any device, money, venue, supplies and other properties related to espionage activities.

The illegal income and properties gained through knowingly hiding and fencing properties related to espionage will be confiscated, according to the draft.

In effect from 1993, the National Security Law mainly regulates the work of the country’s national security agencies, whose major duty is counter-espionage. It has not been revised since then.

Once the Counter-espionage Law takes effect, the National Security Law will cease.

At the first meeting of the central national security commission in April, President Xi Jinping advocated an “overall national security outlook.”

Xi said that the challenges China faces in maintaining national security today are more diverse than they have ever been, as it has seen complicated internal and external situations.




 

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