CHINA TOPIX

11/02/2024 11:39:36 am

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China Passes Counterespionage Law

China Passes Counterespionage Law

(Photo : Kim Kyung Hoon / Reuters) Chinese legislators aiming for tighter national security passed a law targeting foreign spies on Saturday.

A new law targeting foreign spies was passed in China on Saturday, as legislators aim for tighter national security.

The Counterespionage Law was adopted by the Standing Committee of the National People's Congress (NPC), replacing the National Security Law which has been in effect since 1993. It has been the first time the law has been revised.

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The new law targets foreign organizations and individuals "who conduct espionage activities or who instigate and sponsor others in conducting them"-citing but not specifying punishment for those who will be caught-as well as locals who work for them.

National security agencies are given the authority to ask those who are suspected of espionage to "stop or change activities considered harmful to national security". Refusal or failure to adhere entitles agencies to seal or seize properties.

Said properties may include "any device, money, venue, supplies" and others, that may be confiscated or handed over to judicial departments, said the report by state news Xinhua.

State security departments will have the right to determine what is considered an instrument of espionage, with lawmakers suggesting the use of electronic devices such as smartphones.

Authorities may use the Counterespionage Law in looking into illegal income and properties obtained through "knowingly hiding and fencing properties related to espionage".

The law also limits information and material obtained for counterespionage work, promoting confidentiality regarding state and commercial secrets and personal privacy.

It also rewrites articles in the National Security Law to align with other laws that have been revised in recent years, including the Criminal Law and Criminal Procedure Law.

Recently, a draft amendment to reduce the use of death penalty was passed to the NPC, with nine crimes being mulled over. The proposed maximum sentence is life imprisonment for those who will be deemed guilty of crimes such as counterfeiting currency and obstructing a person on duty.

Xinhua quotes NPC Law Committee Head Sun Baoshu who addressed the need to update the National Security Law in order to "prepare for a comprehensive and fundamental state security law".

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