New Chinese Security Law Increases Risk for Traveling to Mainland China, Taiwan’s Mainland Affairs Council Issues Warning

The Mainland Affairs Council of the Republic of China stated that the new version of the “National Security Law” of the Chinese Communist Party will take effect on the 1st. This law significantly expands the definition of “national secrets” and the objects of confidentiality. The regulatory content is vague and highly uncertain, compounded by the long-standing lack of transparency in the rule of law of the Chinese Communist Party, leading to a significantly increased risk of potentially violating the law. The Mainland Affairs Council urged the public to carefully consider the necessity of traveling to the mainland.

The Mainland Affairs Council of the Republic of China issued a press release pointing out that since the Chinese People’s Congress Standing Committee passed the newly revised “National Security Law” on February 27 this year, the government immediately reminded the public through online social platforms in March that the amendment will increase the risks for foreign institutions operating and investing in mainland China. It will also exert pressure on non-profit or academic research exchange cooperation.

The Mainland Affairs Council of Taiwan emphasized that people going to the mainland for interviews, academic research, collecting business investment information, or engaging in conversations with local individuals will be at risk of being labeled as involving “national secrets” by the Chinese Communist Party if the content of the discussions or information collection is deemed to harm its “national and people’s interests”.

Furthermore, the Mainland Affairs Council of Taiwan stated that the Chinese Communist Party’s amendment this time adds a charge of “work secrets”. The provision stipulates that anything that “does not belong to national secrets but would have certain adverse effects if leaked” could potentially constitute a crime. This highly vague and unrestrained provision may lead to people inadvertently breaking the law at any time.

The Mainland Affairs Council of Taiwan expressed that the government has always advocated for equal dignity between both sides of the strait and conducted exchanges and interactions without setting political preconditions in an orderly and healthy manner. While cross-strait exchanges have been warming up recently, facing the continuous legislative efforts by the Chinese Communist Party to enact or amend national security laws such as the “Anti-Espionage Law”, “Management of Activities of Overseas Non-Governmental Organizations within China Law”, “National Security Law”, and “Cybersecurity Law” to strictly monitor and control overseas individuals going to the mainland, cases of Taiwanese people and other foreigners being framed and deprived of personal freedom during exchanges in the mainland have been all too common.

The Mainland Affairs Council of Taiwan once again reminded the public that unless necessary, it is advisable to refrain from going to mainland China. If travel to the mainland is indeed necessary, before going, individuals can refer to the “Reminders and Suggestions for Taiwanese Citizens Needing to Go to the Mainland” recently published by the council, carefully assess risks such as personal safety, and register through the Mainland Affairs Council’s “Dynamic Registration System for Taiwanese People Going to Mainland China”. In case of necessity, timely government assistance can be obtained to ensure personal rights and interests.