China Begins To Implement New Anti-spiration Law, Here's Its Contents

Spy (Photo: Doc. Pexel)

JAKARTA - The Chinese government has implemented a revised anti-spionage law.

The law expands the scope of so-called spy activity constitution to maintain national security, amid expatriate concerns and foreign businesses about the country's arbitrary law enforcement.

The amended law, originally adopted in 2014, was created to protect state secrets, granting power to Chinese authorities cracking down on the theft and dissemination of "documents, data, materials, and goods related to national security and interests".

Citing Antara, the updated law, which was backed by parliament in April, recently covered cyber attacks on state organizations and key infrastructure by its "spy entities and agents" as part of Beijing's efforts to improve cybersecurity.

The law also requires every citizen to report spying activities and allow authorities to examine the suspect's belongings. Under Chinese criminal law, the maximum sentence for espionage is the death penalty.

While the definition of national security is still unclear, the law raises fears among expatriate communities and foreign businesses.

In China, allegations regarding national security are usually not disclosed, and the trial is closed to the public. Even after the decision is finalized, details are usually not announced,

In March, a senior Japanese drug maker Astellas Pharma Inc. was detained by China on suspicion of involvement in spying activities, but it is not known how he was suspected of violating the law. A number of consulting companies from the United States have also been raided in recent months.

Prime Minister Li Qiang, in a speech delivered on Tuesday at the Economic Forum in Tianjin, promised to increase efforts to open the nation's high standards, calling for foreign investment because the world's second-largest economy has recovered from the impact of the COVID-19 pandemic.

But he told senior foreign business representatives at the meeting that regulatory violators would be punished.

With concerns the new law will limit reporting activities by foreign journalists, Chinese Foreign Ministry spokesman Mao Ning said on Wednesday, "As long as you obey laws and regulations, there's nothing to worry about."

The head of the Japanese Chamber of Commerce and Industry in China, Tetsuro Homma, made a statement at a press conference in Beijing in June that predictability, justice and transparency maintained in the Chinese market were "very concerning issues" for the group.

Homma said Kadin would monitor any negative impacts on the enactment of the amended anti-espionage law against business activities and take the necessary steps.

Since the anti-espionage law took effect in China in November 2014, 17 Japanese citizens have been detained on suspicion of their involvement in spying activities. Five of them are still being held, according to the Japanese Government.

A recent business confidence survey by the European Union Chamber of Commerce in China showed 64 percent of respondents said doing business in China became more difficult in 2022, the highest figure since 2014, facing growing risks and a more unstable work environment.

Akio Takahara, a Chinese political professor at the University of Tokyo School of Postgraduate Public Policy, said Beijing had prioritized maintaining national security amid increased competition with Washington.

Takahara urged Japanese businesses to strongly demand the release of Astellas officials Pharma, saying they could not do business when detention could occur for "an obscure reason".

Naoki Tsukioka, senior economist at Mizuho Research & Technologies, said that the new law could reduce economic activity in China as companies face a risk of detention when authorities consider gathering their information as a spying activity.

"Expatriates must avoid meeting in secret with the Chinese Government, industrial institutions and state-owned company officials for information exchange." said Tsukioka.