LAWMAKERS: Members of the 12th Session of the National People's Congress Standing Committee deliberate the Counterespionage Law, on October 28, 2014 (LI TAO)

On November 1, 2014, the National People's Congress (NPC), China's top legislature, passed a Counterespionage Law, which went into force on the same day.

The law was enacted to prevent, stop and punish espionage activities and safeguard national security. The 40-article law consists of five chapters, which define the general principles, the functions and rights of national security agencies, the obligations and rights of citizens and organizations, legal liabilities as well as supplementary provisions.

The law is a revision, renaming and replacement of the National Security Law implemented in 1993. The new law keeps the provisions of the old law that are still viable today while adding new ones to cope with changes to society and the global community. Other parts of the law were removed or revised as necessary to fit in with other laws and the reality of counterespionage today.

Highlights

The law clearly defines espionage activities and specifies that foreign organizations and individuals who carry out espionage activities, instigate or sponsor others to do so will be punished, as will domestic organizations and individuals who spy for foreign organizations and individuals.

Compared with the National Security Law, the Counterespionage Law grants national security agencies greater power in sealing and seizing properties related to espionage activities.

For instance, the National Security Law stated that national security agencies, necessitated by counterespionage work, can inspect the telecommunication equipment and facilities of relevant organizations and individuals.

While this statement was retained in Article 13 of the Counterespionage Law, the new law adds that national security agencies should ask any organization or individual to stop or change activities considered harmful to national security. If they refuse or fail to do so, the agencies can then seize any materials or property related to the activity.

Moreover, Article 15 of the law grants national security agencies the right to seal and seize any device, money, venue, supplies and other properties that are related to espionage activities.

While conferring greater authority to security agencies, the new law keeps the provision in the old law that stipulated that counterespionage work should proceed according to law, and guarantee the legal interests of citizens and organizations.

In addition, Article 17 of the new law states that information and materials obtained during counterespionage work should only be restricted for counterespionage purpose, and those information and materials involving state and commercial secrets and personal privacy should be kept confidential.

The new law also bans illegal possession of instruments used for espionage, but adds that a list of such instruments should be defined by the state security department.

It has a new provision requiring national security agencies, in cooperation with other departments, to make technical standards to guard against espionage, and to examine and test the technology used in departments vulnerable to espionage activities.

Up to date

As China develops, it faces growing and increasingly complicated national security risks, said Zheng Gongcheng, a member of the NPC Standing Committee.

"China has suffered greatly from foreign espionage activities and it is necessary to revise the law to better protect the country from such actions," said Wang Guoxiang, an associate professor with the Beijing Academy of Social Sciences.

In 2014, several espionage cases have been reported by the media, which remind people that spies do not only exist in James Bond movies.