Thread: Vague and broad: China’s revised state secrets law sparks concerns from Taiwan and

SINGAPORE: China’s revised state secrets law has come into force, a move that has drawn concern over the potential risks of doing business in the country while also raising alarm bells in Taiwan.


Enacted on Wednesday (May 1), changes to the Law on Safeguarding State Secrets broaden the scope and depth of the legislation while also strengthening control by the ruling Chinese Communist Party.


Together, these are the biggest tweaks to the state secrets law in more than a decade, and the second revision since it was first introduced in 1988. A draft was made public in late October last year before being passed with minor edits by the country’s top legislative body in February.


Beijing has framed the changes as necessary in addressing the challenges of the day while analysts view them as a reflection of its overriding focus on national security.


“Even in the economic sector, the administration has indicated a willingness to prioritise national security over market expectations. The authorities see it as a response to a perceived new security landscape,” said Dr Lim Tai Wei, adjunct senior fellow at the National University of Singapore’s (NUS) East Asian Institute.


China’s security authority has increasingly sounded the alarm over growing spying risks from foreign intelligence agencies. The Ministry of State Security has also urged everyday citizens to be on guard, recently warning of “espionage traps” in online dating and job hunting.


The changes to the state secrets law are also part of the continuing control over the flow of information under President Xi Jinping’s leadership, said Associate Professor Chong Ja Ian from NUS’ Department of Political Science.


“The law is vague and broad. There is substantial uncertainty over its application and limits, including whether these remain more or less stable over time.


“Authorities and agencies have a wide remit in controlling information, bringing the full force of the state to bear if necessary.”


CRITICISMS AND CONCERNS


The amended legislation has sparked unease in Taiwan, with authorities issuing a fresh reminder this week for Taiwanese to be aware of the risks and avoid unnecessary travel to China.


The law's vague provisions increase uncertainty, which together with the low transparency of rule of law in China means the risk of Taiwanese travellers violating the law has significantly increased, Taiwan’s Mainland Affairs Council said as reported by local news outlet Focus Taiwan.


Taiwan’s reaction continues the wave of criticisms and concerns over China’s new state secrets law when proposed changes were publicly laid out in October last year.

Investors and foreign businesses then called for more clarity as they raised concerns about the heightened risks of doing business in China.


“Clarity on relevant terms … is essential for businesses to know where China’s red lines are - this should be a consideration when revising laws related to national security,” said the European Union Chamber of Commerce in China a day after the draft was made public.


WilmerHale, a United States-based law firm, said in March that the changes to the state secrets law created uncertainty and compliance challenges for businesses operating in China.


The law defines state secrets as matters “concerning national security and interests”, where disclosure could harm the country in areas like politics, the economy, defence and diplomacy.


The revised legislation also does not specify who is considered “personnel with access to state secrets”.


While this is believed to cover employees in various government bodies, CCP organisations, state-owned enterprises and the military, there has never been an official list of those groups and the law does not give a clear definition, stated a Nov 2023 article by the South China Morning Post (SCMP).


China had 7.1 million civil servants as of 2012, according to state news agency Xinhua.


It has taken similar steps in the name of strengthening national security.


Updates to its sweeping anti-spying law took effect in July last year, expanding China’s definition of espionage to include cyberattacks against state agencies and banning the transfer of any information related to national security, among other things.

That law also drew criticism from the US, which warned that foreign companies in China could be punished for regular business activities.


SAFEGUARDING NATIONAL SECURITY


Chinese officials have framed changes to the state secrets law as necessary to address what they say are fresh challenges in protecting state secrets.


"At present, the situation… is serious and complex, and the struggle between espionage and counterespionage is acute and complicated," said Mr Li Zhaozong, head of the National Administration of State Secrets Protection, when presenting the draft in October last year.


The remarks echo what President Xi said earlier that year when he urged officials to be ready to deal with “worst-case and most extreme scenarios”.

‘Vague and broad’: China’s revised state secrets law sparks concerns from Taiwan and foreign businesses - CNA

Well, it is a totalitarian commie state with no functioning rule of law and without any human rights.

Just because the West uses it as capitalism's factory floor doesn’t make it anything else.