WARNING! DO NOT GO TO CHINA NOW! We Are Not Kidding!

China Observer
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The enactment of the revised "Counter-Espionage Law" by the Chinese Communist Party (CCP) on July 1st has raised concerns about the expansion of its power for the purpose of suppressing dissent. The law broadens the scope of defining "espionage" activities, encompassing actions such as taking photographs, using GPS maps, searching for local government or corporate information online, engaging in interviews or conversations with relevant individuals, and even participating in religious activities. These activities can now be deemed as potential violations of the "Counter-Espionage Law" on the grounds of "possible impact on national security," subjecting individuals to arrest or detention by the CCP.
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The enactment of the revised counter-espionage law by the Chinese Communist Party, CCP, on
July 1 has raised concerns about the expansion of its power for the purpose of suppressing
dissent.
The law broadens the scope of defining espionage activities, encompassing actions such as taking
photographs, using GPS maps, searching for local government or corporate information
online, engaging in interviews or conversations with relevant individuals, and even participating
in religious activities.
These activities can now be deemed as potential violations of the counter-espionage law on
the grounds of possible impact on national security, subjecting individuals to arrest
or detention by the CCP.
On June 30, the U.S. Department of State issued a Level 3 travel advisory urging American
citizens to reconsider travel to China due to the risk of arbitrary detention.
The Department of State has a four-level travel advisory system, with Level 1 being the lowest
and Level 4 the highest.
Similar travel advisories were also issued by the U.S. Department of State for Hong Kong
and Macau, advising American citizens to exercise increased caution, Level 2 advisory when traveling
to Hong Kong, and to reconsider travel, Level 3 advisory to Macau.
The advisory highlights behaviors that may be perceived as criminal by the Chinese government
and provides detailed information on the risks foreign travelers or residents may face in
China, including interrogation, prosecution, detention, expulsion, and even imposition
of exit bans.
Furthermore, the advisory explains that the Chinese authorities may exploit their so-called
exit bans to compel foreign individuals to participate in CCP-led investigations or use
them as bargaining chips in negotiations with foreign governments, a practice commonly referred
to as hostage diplomacy.
The Level 3 travel advisory issued by the U.S. Department of State does not specify
any particular cases.
However, in May of this year, a Chinese court sentenced 78-year-old American and Hong Kong
citizen Xi Yue Wang on charges of espionage without publicly disclosing relevant evidence.
Xi Yue Wang is the president of the Liangshan Cultural Exchange Foundation and holds various
positions in Chinese community organizations, such as chairman of the Texas Chinese Peaceful
Reunification Promotion Association and director of the Washington Chinese United Association.
The U.S. National Counterintelligence and Security Center has also issued a warning
stating that after the implementation of the new version of the counterespionage law in
China, normal business activities of foreign-funded enterprises in the country may be perceived
as espionage activities by the Chinese government, leading to potential punishments.
Around the same time, the Canadian government also updated its travel advisory for its citizens
visiting China, noting that due to the risk of arbitrary enforcement, travelers should
exercise a high degree of caution while in China.
Under the new version of the counterespionage law implemented by the CCP, Chinese National
Security Agency personnel have the authority to inquire about relevant individuals and
organizations and inspect the belongings of individuals suspected of engaging in espionage
activities with unknown identities.
This means that personal belongings such as mobile phones and laptops carried by individuals
could be subject to inspections by Chinese authorities.
This update to the law comes after a nine-year gap in Beijing.
Recently, a CCP's official media has intensified its propaganda, urging ordinary citizens to
report suspicious individuals and generate support for the newly implemented counterespionage law.
The comprehensive promotion of the new version of the counterespionage law by the CCP domestically
has caused alarm in Taiwan.
According to information released by Taiwan's Mainland Affairs Council, there are seven
patterns that could potentially violate the CCP's counterespionage law for individuals
in China.
These include engaging in academic exchanges to collect information, having close interactions
with Chinese enterprises and CCP officials, capturing footage of ports or military exercises,
advocating democratic and freedom ideals, maintaining close ties with foreign institutions
outside mainland China, collecting social and public opinion data in mainland China,
and frequently traveling back and forth across the border.
Taiwanese legislator Wang Ting-yu cautioned that Taiwan residents should also be mindful
of the principle of avoiding risky countries.
After the implementation of the CCP's foreign relations law and the new version of the counterespionage
law, foreign nationals, including Taiwanese citizens, face the risks of arbitrary enforcement,
detention and travel bans by the CCP without any clear standards.
Shen Ming, director of the National Security Institute at Taiwan's National Defense University,
expressed to the media that the risks of conducting business in mainland China will be very high
in the future.
For example, if you suddenly see their military passing by on the roadside and you ask a few
more questions, someone might report to you and label you as a spy.
Wang Xinhuan, chairman of Taiwan's Democratic Progressive Party, stated that there are still
numerous unaccounted-for individuals from Taiwan in China and questioned how these individuals
have disappeared.
He criticised the foreign relations law and the counterespionage law as a barbaric and
arbitrary legalisation of China's ongoing abuses.
Wang Xinhuan criticised that both of these laws essentially aim to persecute human rights
and can be arbitrarily interpreted and expanded by the Chinese authorities, lacking the principles
of rule of law.
They even allow the extension of state power to encroach upon the sovereignty and citizens
of other countries, invoking a kill-the-distant mentality.
Wang Xinhuan bluntly stated that the CCP poses the greatest threat to international security
and human civilisation.
On June 26, the South Korean embassy in China listed the expanded scope of espionage activities
under the new counterespionage law by the CCP on its official website.
It warned of potential unforeseen losses and advised nationals residing in or planning
to visit China to exercise caution.
The South Korean Ministry of Foreign Affairs has also implemented certain strategies to
address the CCP's counterespionage law.
On June 28, the Hankuk Ilbo revealed that upon hearing about the upcoming implementation
of a stricter version of the counterespionage law, Korean expatriates in a Chinese city
began deleting statistics and analysis data related to their businesses stored on computers
and destroyed such information in their offices.
TV Chosun also reported that due to deteriorating relations between South Korea and China, the
number of South Koreans travelling to China this year has decreased by 90% compared to
before the COVID-19 pandemic.
Even after the CCP lifted all entry restrictions for foreigners, there was still an 85% decrease
in April.
Former mainland human rights lawyer Wu Xiaoping pointed out,
Based on the CCP's relationship with these countries, such as Europe, the United States,
Japan and South Korea, it can any time implement the so-called counterespionage law to arrest
and suppress the citizens of these countries, serving the purpose of hostage diplomacy.
Therefore, if you want to avoid your nationals and businesses from falling into such risks
and dangerous situations with the CCP, you should reduce exchanges with the Chinese regime.
Professor Feng Chongyi, a China affairs scholar at the University of Technology Sydney, stated
in a phone interview with Voice of America on June 30 that the CCP's new version of
the counterespionage law is a typical evil law.
Feng emphasised that the CCP's counterespionage law has always been used as a political tool
to maintain the one-party dictatorship of the CCP.
It surpasses the previous or current international hard boundaries for espionage crimes and has
a very broad scope.
He said,
Feng also gave examples to illustrate how the CCP politicises the law.
For example, the expression joining espionage organisations and their agents in the counterespionage
law is very vague and in practice, individuals who have contact with foreign countries can
be convicted under the charge of espionage crimes.
He said that the descriptions of targeting state organs and acquiring key information
are also very ambiguous.
The CCP uses these vague and politically driven concepts to expand the universally recognised
scope of organisations and the nature of information into an infinite and extensive space.
When asked about the reasons behind the CCP regime's actions, Feng Chongyi believes
that the CCP's goal is to make the law fully serve its political purposes.
He stated that
It is indeed a case of, if you want to accuse someone, you can always find a pretext.
Feng Chongyi also expressed that the CCP authorities not only require citizens to report, but also
offer substantial rewards.
This could lead to malicious individuals fabricating false information to harm others for monetary
gain or personal interests.
It creates a terrifying situation and poses significant damage to the overall moral fabric
of Chinese society.
Prior to the implementation of the revised counter-espionage law, several American and
Japanese companies had already been subjected to raids and searches by the CCP authorities,
resulting in the arrest of foreign citizens.
In early March of this year, a senior executive of the Japanese pharmaceutical company Astellas
was detained by the CCP on charges of espionage.
According to an insider familiar with the matter, the man was detained by the CCP authorities
before he planned to return to Japan this month.
Since 2015, at least 16 Japanese nationals have been detained in China on suspicion of
engaging in espionage activities apart from this case.
The Japanese Ministry of Foreign Affairs stated that five individuals are still detained in
China.
On the afternoon of March 20, the Beijing office of the U.S. due diligence firm Mintz
Group was subjected to a sudden search by the CCP government, leading to the arrest
of five Chinese employees.
Additionally, a senior executive of Mintz Group stated that a Singaporean employee of
the Beijing office had been arbitrarily banned from leaving China in January this year but
was not arrested or charged.
A month later, on April 26, the U.S. consulting giant Bain & Company reported that its Shanghai
office employees were questioned.
According to insiders, the police confiscated computers and phones but did not detain any
team members.
Another employee mentioned that the police had visited the company's Shanghai office
on multiple occasions.
The new version of the CCP's counter-espionage law has alarmed domestic and foreign enterprises
as they attempt to decipher the authorities' intentions.
Most importantly, they seek clarity on what is prohibited.
An employee of a large international audit firm stated to Agence France-Presse AFP in
Companies are trying to develop processes to protect their employees.
But the law's definition is very vague.
No one knows if they have crossed the line or where the red line is.
