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May 17, 2017

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Intelligence law to give authorities new powers

CHINA released the first draft of an intelligence law yesterday to give authorities powers to monitor suspects, raid premises, and seize vehicles and devices while investigating domestic and foreign individuals and groups to protect national security.

A national security law was passed in 2014, followed by a raft of measures on counter-terrorism, the management of foreign non-government bodies and cyber security, among other subjects.

Yesterday, the Standing Committee of the National People’s Congress released a draft version of the National Intelligence Law on its website, inviting responses from the public.

“State intelligence work should ... provide support to guard against and dispel state security threats (and) protect major national interests,” the document said.

National interests listed in the document include state power, sovereignty, independence and territorial integrity.

Intelligence work needs to be done both within and outside China, and foreign groups and individuals who damage national security must be investigated, it added.

If passed, the law will give authorities new legal grounds to monitor and investigate foreign and domestic individuals and bodies in order to protect national security, it said.

Authorities will also be able to propose customs and border inspections or “quarantines,” as well as “administrative detention” of up to 15 days for those who obstruct their work, or leak related state secrets.

China already has broad laws on state security but the new law will allow intelligence officials to enter “restricted access areas” and use “technological reconnaissance measures” when required.

Vehicles, communication devices and even real estate can be used or seized by authorities during intelligence gathering efforts, the document said. It also allows intelligence operatives to “set up relevant sites, equipment or facilities.”

China says the laws are appropriate for its national security concerns.

In March, NPC Chairman Zhang Dejiang said the law would be finalized this year.




 

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