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November 2, 2014

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Legislators adopt revised law on counterespionage

CHINA’S top legislature yesterday adopted a Counterespionage Law designed to better protect state security.

Members of the Standing Committee of the National People’s Congress passed the bill at the end of their bimonthly legislative session, which was attended by top legislator Zhang Dejiang.

Formerly known as the National Security Law, the new version includes rules that have already proven effective in practice.

The law states that “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.”

It also gives 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 or other property that are related to espionage activities, according to the bill.

They will be either confiscated by national security agencies or handed over to judicial departments.

The lawmakers said also that “counterespionage work should proceed according to law, respect and ensure human rights, and guarantee the legal interests of citizens and organizations.”

Information and material obtained for counterespionage work should only be limited in the field, and confidentiality should be ensured regarding state and commercial secrets and personal privacy.

Enacated in 1993, the National Security Law mainly regulates the work of the country’s national security agencies, whose major duty is counterespionage. The law ceased to be effective yesterday, as the new law was released, the bill said.




 

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