On July 1st, the new national security regulations of the Chinese Communist Party (CCP) officially took effect, authorizing authorities to inspect smartphones, personal computers, and other electronic devices, sparking concerns among foreigners and foreign businessmen about the potential for arbitrary law enforcement.
The regulations were made based on the CCP’s so-called “Anti-Espionage Law,” which was implemented in July last year, expanding the definition of espionage activities to include “anything related to national security and interests such as documents, data, information, and items,” whereas the previous laws only covered “state secrets and intelligence.”
The revised “Anti-Espionage Law” also granted unprecedented law enforcement powers to the CCP’s national security department and its local sections, allowing them to enter, question, and inspect personal electronic devices and business facilities.
In emergency situations, such inspections can be conducted without a search warrant, and if the police are unable to inspect electronic devices on-site, they have the right to take these items to a designated location. However, what constitutes an emergency situation is still unclear.
Due to these regulations, foreign individuals and businesses are concerned about facing increased monitoring by the CCP authorities.
Former Chinese human rights lawyer Wu Shaoping told Epoch Times that the CCP is a lawless regime, with all powers from legislation, enforcement to legal interpretation held in its hands. It can enact whatever laws it wants and utilize laws as it pleases. Since the establishment of the CCP’s rule, it has continuously enacted and amended laws, even amending the constitution several times.
“The ‘Anti-Espionage Law’ is no different. The definition of spies, espionage organizations, and espionage activities is determined solely by them. If they say you are engaged in espionage, do you have anywhere to appeal? Even private conversations with close friends, once in their hands, can be used as evidence. Many previous cases have already shown this.”
Wu Shaoping stated that this law has granted the national security department more power, making it more aggressive. If the CCP really wanted to enforce the law, there was no need to introduce the “Anti-Espionage Law.” There are many laws in China, such as the Criminal Law, National Security Law, and departmental regulations on confidentiality, all with national security clauses that already cover so-called anti-espionage activities. From a legislative perspective, there was no need for the “Anti-Espionage Law.”
“It specifically established the ‘Anti-Espionage Law’ to evidently grant itself more authority, giving itself more power to control the people.”
In fact, police in cities like Beijing and Shanghai have been randomly checking people’s phones on the streets or in subway cars during sensitive times in recent years, and CCP customs officials have also started randomly inspecting electronic devices of incoming travelers.
In January this year, a South Korean traveler entering China was stopped by customs, checked his baggage, and found a notebook with a map marking Taiwan as a separate country. The traveler was detained for about an hour by customs due to this incident before being allowed to proceed.
“They don’t need these regulations to catch people,” said Taiwanese businessman Li Mengju to Epoch Times.
Li Mengju recounted an incident in August 2019 when he was entering Shenzhen from Hong Kong, where his luggage and phone were inspected. He was then detained under the pretext of endangering national security by the CCP for one year and ten months, and was forced to confess on television.
Li Mengju described the scene when he was arrested: they saw a few unrelated cards and thought they were related to the Hong Kong extradition bill issue. Later, they took his phone, saw a photo he had taken the day before while passing through Hong Kong, where he saw someone spraying “shameless police” on the street, and that resulted in his arrest.
“At that time, they saw the phone in my pocket and without asking me, directly took it to look, extremely rude,” Li Mengju said. “My itinerary was only two days, half a day in Hong Kong and one day in Shenzhen, but they detained me just for that day and a half of travel.”
Li Mengju noted that even before these laws, there were repeated cases of Taiwanese people being arrested, but most of their family members were too afraid to speak out. He also received messages from some family members seeking help privately. The Mainland Affairs Council considers the situation and the stance of the families and does not make it public, only reminding that there are risks to personal safety in mainland China, Hong Kong, and Macao.
Wu Shaoping stated that CCP police often arbitrarily check people’s phones without legal provisions, and now with these new regulations, they will have even more fearless abuse of power, using a trivial matter as a pretext. With the implementation of these regulations, the personal rights of Chinese and foreign individuals, including freedom of speech, will be further weakened.
Although the CCP claims that the relevant regulations are aimed at combating serious espionage activities that seriously harm national security and will not inspect “ordinary incoming personnel,” governments and companies in South Korea, Japan, and Taiwan have recently issued warning messages to remind their citizens of the risks when traveling to mainland China.
The South Korean National Security Council stated on June 27th that due to the CCP government’s increased authorization for temporary inspections of electronic devices starting in July, local South Korean citizens must be aware of the related risks.
According to a report by Kyodo News in Japan, an official from a Japanese travel agency said the new regulations might further hinder tourists from visiting China. Some Japanese companies have instructed employees not to bring smartphones from Japan when traveling to China.
Mr. Liang, who has been living in Tokyo for several years, told Epoch Times that previously, China had a visa-free policy for Japanese citizens, which was temporarily suspended due to the pandemic. After the pandemic ended, the policy was not reinstated due to political reasons, and Japanese people had to apply for a Chinese visa. However, there are not enough personnel to process visa applications, making it very inconvenient, causing many to cancel their trips. Against this background, the introduction of mobile phone checks upon entry is another discouragement for Japanese people, who are extremely sensitive about privacy. If there is a risk of being randomly checked, they are very reluctant to go.
“I can only say that after the implementation of this regulation, people living in Japan, be they Chinese or Japanese, will no longer want to go to China, either for tourism, work, or any other purpose.”
Since the CCP passed the “Anti-Espionage Law” in 2014, the CCP authorities have detained at least 17 Japanese nationals, with five still not released, with the latest case being the arrest of a Japanese pharmaceutical employee last October.
The CCP recently introduced opinions on punishing “Taiwanese independence” elements, escalating intimidation towards Taiwan. Recently, Taiwan’s Mainland Affairs Council has also raised travel alerts for mainland China, Hong Kong, and Macao, advising Taiwanese citizens to avoid unnecessary travel.
“Whether or not to arrest people depends on their needs,” Li Mengju said. “Like during the Hong Kong protests, it may be ordered from above to arrest individuals. I only found out after I was released, that Hong Kong people were monitoring at customs and noticed that one out of every three people was getting checked.”
Li Mengju analyzed, “I think it is retaliatory against Taiwan and the United States for supporting the democratic movement in Hong Kong. Now that these new regulations have been announced and implemented, it is very likely that they will target Taiwanese travelers in the near future.”
“It has always employed a dual policy, targeting Taiwanese, cracking down on Taiwanese independence while promoting exchanges. Not long ago, tens of thousands of people attended a Cross-Strait forum. Not one of the over seven thousand attendees was arrested.”
These new regulations may affect the normal business activities of foreigners, posing new risks for foreign companies, business travelers, scholars, journalists, and researchers.
Starting in December last year, the CCP unilaterally implemented a visa-free policy for over a dozen countries and introduced a series of measures to help foreigners use mobile payments in China.
Wu Shaoping said that this is a bait-and-switch tactic, wherein the CCP provides various favorable policies to attract foreigners to visit, invest, and set up factories in China. However, it also leverages the so-called “Anti-Espionage Law,” “National Security Law,” “Anti-Separatism Law,” among others, as a sword hanging over one’s head. Once in the CCP’s hands in China, you are at its mercy.
“In fact, the espionage it involves is not limited to Chinese citizens or foreigners; as long as it is deemed espionage behavior, even if you are from Mars, you will be detained. The CCP’s laws effectively extend its jurisdiction to every corner of the world, wanting to control everything on earth.”
Li Mengju noted that interacting with the Chinese people is comfortable, as most Chinese people are kind and hardworking. It is crucial to distinguish that the issue lies with the CCP regime, not the Chinese people themselves. People from Hong Kong felt this deeply, as they wouldn’t have fled otherwise. The more one understands, the less likely they are to go, it’s those who are misled and uninformed who end up going.
Wu Shaoping stated that the CCP is a mad devil, and you never know what it wants to do; everything it does is based on its needs. When an enraged CCP strikes, all foreigners going to China will face risks, not just harassment but also restrictions on personal liberties.
“The provisions of CCP laws are for suppressing and controlling the common people. To avoid the CCP’s traps and risks, the best course of action is to avoid any contact with the CCP. Once you step into the CCP’s domain, you are in its hands. Therefore, going to communist China requires careful consideration.”