The Ministry of State safety (chin. 国家安全部) published in the media (including in social media) a list of 10 circumstances in which it is possible to be “invited/invited for tea” (chin. “请喝茶), i.e. a proceeding by authorities subordinate to the ministry, due to suspicion of committing a crime against national security. These circumstances are:
- Suspected of committing a crime threatening national security. In this case, the safety authorities shall carry out investigations, shall be entitled to arrest, temporary arrest, arrest, criminal and investigative measures.
- Act of espionage or assistance in specified acts. State safety authorities issue warnings in specified cases, inter alia, they may apply administrative detention, impose fines on persons who commit acts of espionage or assistance (consciously providing support or assistance in the form of information, funds, materials, labour, technology or site for the conduct of spy activities). This applies to cases where acts do not yet constitute a criminal offence and can be punished by the applicable authorities.
- Failure to implement the rules of work for ensuring counter-intelligence security. The Anti-Spying Act includes a peculiar chapter on liability for breach of the safety rules (effectiveness) of counter-intelligence activities and related obligations. In the event of non-compliance with these statutory obligations, national safety authorities may order a correction of the procedures, but besides impose a fine on the organisation or the liable body.
- Violation of national safety issues related to the construction permit. It is about the authorisation and supervision of construction projects close the key units for the safety of the state, so as to detect and prevent in due time the usage of specified construction sites by abroad interviews to carry out their spy activities.
- Refuse to cooperate in the espionage investigation. all citizen, all organisation has an work to support and assist in counterintelligence. erstwhile state safety authorities analyse espionage and collect evidence, individuals or organisations should supply real information and cannot refuse to give it. Otherwise, the safety authorities have the right to issue warnings, impose fines or administrative detention and may besides be held liable for criminal prosecution.
- Illegal acquisition or possession of state secrets. Maintaining public secrecy, in accordance with the rules, is the legal work of citizens. Where documents, data, information or articles covered by national secrecy have been illegally obtained or found to be held, the safety authorities shall have the right to issue warnings, impose fines or administrative detention and may besides be liable for criminal prosecution.
- Illegal production, sale, possession and usage of spy devices. No natural individual or organisation may illegally manufacture, sell, own or usage specialized spyware.
- Disclosure of state secrets concerning counterintelligence and intelligence activities. Under the Counterintelligence Act and the State Intelligence Act, citizens and organisations supporting or assisting safety authorities should keep state and operational secrets known to them. In the case of infringements, punishment from informing to punishment according to the applicable paragraphs of the Criminal Code is threatened.
- Infringement of the decision to leave the country within a certain time limit, etc. If a individual residing in China violates the Anti-Spying Act, the safety Authority may decide that he or she should leave the country within a specified period of time and besides decide on a period during which he or she will not be allowed to enter the country. If a individual does not leave the country within the specified time limit, he may be deported. At the same time, according to the request to defend national security, safety authorities may restrict abroad nationals, abroad institutions from surviving or conducting commercial activities in areas close to facilities or areas applicable to national security. Violation of these restrictions may consequence in administrative detention.
- To commit acts against national safety another than espionage. State safety authorities shall besides carry out tasks in preventing, deter and punishing acts against that safety another than acts of espionage.
Now you know what should not be done in order not to be invited to tea with the national safety authorities.
Source:
- sina.com.cn
- sohu.com
- bailu.com
Author: 梁安基 Andrzej Z. Liang, 上海 Shanghai, 中国 China
Email: [email protected]
Editorial: Leszek B.
Email: [email protected]
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