One year after China revised its Counter-Espionage Law, national security agencies have successfully intercepted numerous espionage activities by foreign entities, notably including a high-profile case involving the British MI6. These efforts have significantly bolstered China’s national sovereignty, security, and developmental interests, underscoring the necessity and effectiveness of the revised legislation.
Observers assert that the law’s revision was a critical response to new challenges, offering a robust legal framework for preventing and combating espionage in the current global landscape.
Passed at the 14th National People’s Congress (NPC) Standing Committee in April 2023 and effective from July 1, 2023, the revised Counter-Espionage Law encapsulates China’s resolute stance on national security. The law delineates lawful and unlawful activities concerning espionage, adapting to the evolving tactics of foreign intelligence operations. It also promotes societal involvement in counter-espionage efforts.
Explicitly, the law categorizes actions such as “collaborating with spy organizations and their agents” and “conducting cyberattacks against state organs, confidential units, or critical information infrastructure” as espionage. Furthermore, the law broadens the scope of protected objects to include “documents, data, materials, and items related to national security and interests.”
Since its implementation, the law has markedly enhanced national security. Numerous cases of both domestic and foreign individuals engaged in espionage have been exposed through official reports on the Ministry of State Security’s (MSS) WeChat account, noted Li Wei, a national security expert at the China Institute of Contemporary International Relations. Since its debut on WeChat in August 2023, the MSS has published 281 articles on national security.
The MSS has also released comprehensive series covering legal interpretations, case analyses, risk alerts, and more. These efforts, presented in multiple formats including Q&A sessions, bilingual texts, videos, and animations, aim to educate the public on national security issues. According to Li Wei, this dissemination of information acts as a deterrent to potential spies and raises public awareness about anti-espionage measures.
Among the notable espionage cases is the British MI6 incident, where MI6 operatives from a “third country” were involved in espionage activities against China. Li Wei emphasizes the need for continued vigilance as foreign intelligence agencies may intensify their efforts using both traditional and non-traditional methods in response to China’s enhanced strategies.
Li Baiyang, an associate professor of intelligence studies at Nanjing University, highlighted a trend where foreign intelligence operations extend beyond data theft to influencing public opinion and inciting defection among key figures in sectors like biosecurity, cyberspace, and mineral resources. The revised law offers leniency to individuals who voluntarily surrender, promoting public awareness of national security.
Despite the law’s effectiveness, some external forces have criticized China’s anti-spy legislation and enforcement, causing concerns among foreign businesses and investors. However, Li Baiyang points out that counter-espionage is a global priority, and China’s law targets illegal activities, not lawful data operations by foreign entities. Such criticisms are often seen as attempts to align with U.S. strategies to contain China.
Over the past year, the law has demonstrated a balanced approach to empowering and limiting national security agencies’ powers, ensuring oversight and control over public power exercise. Starting Monday, two new departmental regulations—the “administrative enforcement procedures of the national security agency” and the “criminal case handling procedures of the national security agency”—will be implemented, further solidifying the legal framework for national security operations.
Experts agree that these regulations, alongside the revised Counter-Espionage Law, lay a strong legal foundation for a new operational framework for national security agencies, enhancing China’s ability to protect its national interests in a complex global environment.