The amendments to China’s national anti-espionage law took effect on Saturday, July 1, after being approved by parliament in late April. The new legislation gives Beijing more power to punish what it sees as threats to national security.
First modification:
China is tightening the screw with a new version of an anti-spying law, which went into effect on Saturday (July 1) in China, giving authorities much more leeway against what they see as national security threats.
However, analysts and lawyers wonder about these changes, in a country where the legislation on this matter is relatively vague and subject to various interpretations.
Under the new law, the unauthorized obtaining of “documents, data, materials and objects related to security and national interests” can now constitute espionage.
China stressed that similar laws already exist in other parts of the world and that it has the right to “safeguard its national security”, while ensuring that the rule of law will be respected.
This new text enters into force while foreign companies wait.
Searches and interrogations earlier this year at the Chinese offices of US audit firms Mintz Group and strategic consultancy Bain & Company sent a wave of panic across the industry.
The law has “a broad definition of national security” and will apply to all levels of society and all sectors, Jeremy Daum, a fellow at the Paul Tsai China Center at Yale Law School, told AFP. .
A “deterrent effect”
In particular, it will have “a deterrent effect on Chinese citizens who have contact with foreigners and foreign organizations,” he anticipates. Businesses fear tighter controls.
These changes “raise legitimate concerns about the conduct of certain common business activities, which now risk being considered espionage,” writes Craig Allen, president of the Sino-American Economic Council (USCBC).
“Discussions about trade secrets, data sharing, market research, contracting procedures and the collection of commercial information could possibly fall within the scope of the law,” it worries, especially since it does not “specify (… ) what types of data, documents and materials are related” to national security.
For now, foreign governments have not publicly expressed their concern, except for the United States, whose relations with China are strained.
The law will “significantly broaden the scope of what (Beijing) considers to be espionage activities,” said Vedant Patel, deputy spokesman for the State Department.
In May, a 78-year-old US citizen living in Hong Kong was sentenced to life in prison for espionage.
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