China responds to misinterpretation of anti-espionage law

The provisions of China's Anti-Espionage Law are transparent and clear, and Chinese law enforcement agencies have always acted in strict accordance with the law, said the Ministry of State Security in a statement responding to foreign media outlets' misinterpretation of the law.

China's current Anti-Espionage Law took effect on July 1 after being amended, but some Western media outlets have recently expressed so-called "concerns" over the law, sensationalized its impact on investment and business environment, and some even maliciously misinterpreted it as "encouraging citizens to spy on each other".

China's Anti-Espionage Law has made clear provisions on the principles of counterespionage work, the definition of espionage acts, the conditions and procedures for investigation and handling of such violations, and legal supervision, said an official with the ministry.

The statement also responded to some foreign media concerns about the definition of "stealing, spying, buying and illegally providing other documents, data, materials and articles related to national security and interests for foreign organizations, organizations, and individuals other than foreign espionage organizations and their agents."

The definition presupposes illegal conduct, and companies and their employees who abide by Chinese law and provide normal commercial services are not bound by the article, said the official.

The definition also points out the boundary between illegal and lawful conducts, making it easier for the public to understanding and enhancing the certainty that companies and their personnel can lawfully conduct business in China, he said.

Additionally, the definition is common practice in international legislation. Most countries regard the acquisition, collection, reproduction, disclosure and provision of various documents, materials, information, goods, trade secrets and other acts that are harmful to national security or interests as espionage, he said.

The ministry's statement stressed that preventing and combating espionage activities and safeguarding national security through legislation is a common international practice.

The purpose of the amendment to the law is to prevent, stop, and punish all kinds of espionage activities carried out by espionage and intelligence agencies. It does not target companies or their personnel that lawfully operate, invest or engage in business in China.

The law also stipulates that anti-espionage work should be carried out in accordance with the law and protect the legitimate rights and interests of individuals and organizations, which fully reflects the principle of the rule of law and the unity of punishing espionage and respecting and protecting human rights, said the official.