Wednesday, September 30, 2015

In China Counterespionage is Everyone's Job... by law

Counter-espionage Law of the People's Republic of China (interesting highlights)
Adopted at the 11th meeting of the Standing Committee of the Twelfth National People's Congress on November 1, 2014.
  • Chapter I: General Provisions
  • Chapter II: Functions and Powers of State Security Organs in Anti-Espionage Efforts
  • Chapter III: The Duties and Rights of Citizens and Organizations 
Article 19: State organs, groups and other institutions shall educate their units' personnel on the maintenance of State security, and mobilize and organize them to prevent and stop espionage activity.

Article 20: Citizens and organizations shall facilitate and provide other assistance to anti-espionage efforts.

Article 25: Individuals and organizations must not illegally hold or use special-purpose spy equipment needed for espionage activities. Special-purpose spy equipment will by verified by the State Council department responsible for national security in accordance with relevant national provisions.
  • Chapter IV: Legal Liability
Article 31: Where state secrets relating to anti-espionage efforts are disclosed, the state security organs give 15 days of administrative detention; where it constitutes a crime, criminal liability is pursued in accordance with law.

Article 32: For those in unlawful possession of state secret documents, materials and other items, as well as those who unlawfully possess or utilize specialized spying equipment, state security organs may conduct a search of their person, items, residence and other relevant locations in accordance with law; and confiscate the state secrets documents materials and other items they unlawfully possessed, as well as the specialized spying equipment they possessed or utilized. Where the unlawful possession of state secrets documents, materials or other materials constitutes a crime, pursue criminal responsibility in accordance with law; where it does not constitute a crime, state security organs give warnings or administrative detention of up to 15 days.
  • Chapter V: Supplementary Provisions
Article 38: Espionage conduct as used in this law refers to the following conduct... more