Anti-Spyware Laws Is Being Prepared: Who Will Be The Spy?
The State Council of the Chinese Communist Party (CCP)
drafted Anti-Spyware Law in terms of the National Security
Law, which was submitted to the National People’s Congress
for reviewing on Aug. 25.
The CCP Authorities say this is to further strengthen
Nowadays in Mainland, what kind of person would be
identified as a “spy"?
Do the Authorities really worry about national security?
Or the party’s security?
Mainland legal professionals and those who have been
treated as “American spies" have their own interpretation
of this newly proposed law.
The current National Security Law introduced in Feb. 1993
makes it clear in its General Provisions that
its implementation is for defending the communist regime
and the so-called socialist system.
The Standing Committee of National People’s Congress
is currently reviewing its Anti-Spyware Law,
which was drafted by the Ministry of State Security
on the basis of the existing National Security Law.
Geng Huichang, the Minister of the Ministry of State Security
said that putting forward the Anti-Spyware Law is adapting
to the so-called new situation and the new national security
It is further “standardizing and strengthening"
Mainland human rights lawyer Tang Jitian:
“What is ‘national security?’
National security in democratic countries
is closely linked with the people’s interests.
But Mainland China’s so-called national security actually
has nothing to do with ordinary people,
and it is mostly relevant to the ruling group
which commands the state power.
So either the National Security Law or the Anti-Spyware Law
more likely aims against those activities possibly
being hazardous to the ruler’s interest."
The main content of this revision clearly stipulates
that the Ministry of State Security are the direct authorities
responsible for counterintelligence work.
The new “Anti-Spyware Law" also stipulates the task
breakdown among the public security bureaus,
confidentiality administrative agencies and the military,
as well as the highly cooperative among them.
Tang Jitian: “Such a revision is likely to be used
by the authorities for further contracting the civil rights
or political power, and for repressing and punishing
the social activities of citizens.
This includes foreign exchange activities, by the pretext
of the so-called national security or spy.”
Most of the contents of National Security Law during
this revision are fine-tuning with the exception of major
changes on the fifth article of the original law.
The original text “five specific acts endangering national
security" is replaced with a general definition of espionage.
The Mainland Authorities explained that this modification
is to connect with the “Criminal Law" and benefit
future counterintelligence work.
Tang Jitian: “If we say this is connected with Criminal Law,
then it is a special law.
It is expected to be more specific, clearer,
and more practicable.
If this kind of macro rhetoric like the so-called
“anti-terrorism," “national security" or “anti-spy" is used for
expanding powers for the institutional sector, then it is
bound to the existence of such a dangerous abuse of power."
From previous examples, we can see that the so-called
“spy" and “special agent" cases handled by the authorities
actually meant what happened.
Former billionaire Xu Chongyang from Hubei Province
was forced to embark on a rights-defending road
due to his huge assets plundered by the local authorities.
He was once tortured by the police
and forced to extract confessions
that he was a spy dispatched
by the U.S. government to Mainland China.
Former billionaire Xu Chongyang: “Because that time
I was tortured so seriously that I could not resist,
I was forced to admit I was a “spy".
For example, they fed me feces, three policemen urinated
on my head, and my ribs were beaten until they broke.
I am still on the black list.
During the persecution, Xu Chongyang wrote a letter
to then CCP Head Hu Jintao,
and then he experienced an even harsher crackdown
from the officials of the Political and Legal Department.
In February of 2012, the video showing that he was hanging
naked and threatened by the police was published
on the Internet.
Former billionaire Xu Chongyang: “They were executing
political persecution and used this way to suppress me.
For example, when Fu Zhenghua (the head of Beijing Public
Security Bureau) arranged some persons to interrogate me,
he said, ‘now if you are yelling out Hu Jintao,
I’m going to beat you to death.
Until you do not shout out Hu Jintao,
then I will not hit you.'"
After Xu Chongyang was released from prison, he became
penniless, and even basic needs became difficult.
However, due to fear of being framed as he receives
“secret" funding from the U.S. government,
Xu Chongyang doesn’t dare to ask the cost of living
from his wife and his sons who are now in the US.
Not only ordinary people may be framed by the authorities
as a “spy" and a “secret intelligence agent," but also even
the former CCP Head Zhao Ziyang cannot be spared.
Ms. He Qinglian, who is a scholar now in America, published
a commentary article in Voice of America in which he recalled
how the CCP exploited the so-called “foreign forces"
to resolve their crisis in different historical periods.
The article also mentions that after the June 4 holocaust,
in order to be accountable to citizens,
Deng Xiaoping attempted to frame Zhao Ziyang
as a U.S. CIA spy, but ultimately failed to succeed in this.
Interview & Edit/TangYin Post-Production/ShuCan