Adopted at the 30th Meeting of the Standing Committee of the
Seventh National People's Congress on February 22, 1993,
promulgated by Order No. 68 of the President of the People's
Republic of China, and effective as of February 22, 1993
Chapter I General Provisions
Article 1 This Law is formulated in accordance with the
Constitution of the People's Republic of China for the purpose of
safeguarding State security, protecting the State power of the
people's democratic dictatorship and the socialist system, and
ensuring the smooth progress of reform, opening-up, and the
socialist modernization drive.
Article 2 The State security organs, as stipulated by this Law,
are the competent authorities in charge of State security.
The State security organs and the public security organs shall,
in accordance with the division of functions and powers as
prescribed by the State, attend to their respective duties, and
closely cooperate with each other so as to safeguard State
security.
Article 3 Citizens of the People's Republic of China shall have
the duty to safeguard the security, honour and interests of the
State, and must not commit any act endangering the security, honour
or interests of the State.
All State organs, armed forces, political parties, public
organizations, enterprises and institutions shall have the duty to
safeguard the security of the State.
The State security organs, in the work of State security, must
rely on the people's support, and shall mobilize and organize the
people to prevent and check any act endangering the security of the
State.
Article 4 Any organization or individual that has committed any
act endangering the State security of the People's Republic of
China shall be prosecuted according to law.
"Act endangering State security" as referred to in this Law
means any of the following acts endangering the State security of
the People's Republic of China committed by institutions,
organizations or individuals outside the territory of the People's
Republic of China, or, by other persons under the instigation or
financial support of the afore-mentioned institutions,
organizations or individuals, or, by organizations or individuals
within the territory in collusion with institutions, organizations
or individuals outside the territory:
(1) plotting to subvert the government, dismember the State or
overthrow the socialist system;
(2) joining an espionage organization or accepting a mission
assigned by an espionage organization or by its agent;
(3) stealing, secretly gathering, buying, or unlawfully
providing State secrets;
(4) instigating, luring or bribing a State functionary to turn
traitor; or
(5) committing any other act of sabotage endangering State
security.
Article 5 The State shall protect organizations and individuals
that have rendered support or assistance in safeguarding State
security, and reward those who have made significant contributions
to the maintenance of State security.
Chapter II Functions and Powers of the State Security
Organs in the Work of State Security
Article 6 The State security organs shall exercise, in the work
of State security, the functions and powers of investigation,
detention, preliminary examination and execution of arrest
according to law and other functions and powers as stipulated by
the law.
Article 7 Any functionary of a State security organ, when
carrying out according to law a task for State security and upon
producing an appropriate certificate, shall have the right to
examine the identification certificate of any Chinese citizen or
any person from outside the territory of the People's Republic of
China; and shall have the right to investigate or inquire about
relevant matters from any organization or individual concerned.
Article 8 Any functionary of a State security organ may, when
carrying out a task for State security, enter any interested site
upon producing an appropriate certificate, and may, in accordance
with the relevant provisions of the State, with approval and upon
producing an appropriate certificate, enter interested restricted
areas, sites or units; and may have access to related files,
materials and articles for examination.
Article 9 Any functionary of a State security organ may, when
carrying out an urgent task according to law, have the priority in
taking means of public transport upon producing an appropriate
certificate, and have the right of way in case of a traffic
block.
As necessitated by the maintenance of State security, a State
security organ may, when necessary and in accordance with the
relevant provisions of the State, have priority in use of any means
of transport or communication, site or building belonging to any
organ, organization, enterprise, institution or individual, and
shall make a timely return after the use and pay an appropriate
fee, and, in case of any damage or loss, shall make compensation
therefor.
Article 10 Where the reconnaissance of an act endangering State
security requires, a State security organ may, in accordance with
the relevant provisions of the State and after going through strict
approval procedures, employ technological means of
reconnaissance.
Article 11 Where State security requires, a State security organ
may inspect the electronic communication instruments and appliances
and other similar equipment and installations belonging to any
organization or individual.
Article 12 Where State security requires, a State security organ
may, in accordance with the relevant provisions of the State,
request such inspecting organs as the Customs and the frontier
inspection stations to exempt the personnel, materials and
equipment concerned from inspection. The relevant inspecting organs
shall give assistance thereto.
Article 13 State security organs and their functionaries, in
their work of State security, shall act strictly according to law,
and refrain from overstepping or abusing their powers and
infringing upon the lawful rights and interests of any organization
or individual.
Article 14 The performance of duty according to law by
functionaries of the State security organs shall be protected by
law.
Chapter III Duties and Rights of Citizens and
Organizations in Safeguarding State Security
Article 15 State organs, organizations and other institutions
shall educate their personnel with regard to the maintenance of
State security, mobilize and organize them to prevent and check
acts endangering State security.
Article 16 Citizens and organizations shall provide convenience
or other assistance for the work of State security.
Article 17 Any citizen who finds any act endangering State
security shall without delay report it directly or through his work
unit to a State security organ or a public security organ.
Article 18 When a State security organ investigates and finds
out any circumstances endangering State security and gathers
related evidence, citizens and organizations concerned shall
faithfully furnish it with relevant information and may not refuse
to do so.
Article 19 Any citizen or organization shall keep confidential
the State secrets that have come to his knowledge or its possession
regarding State security.
Article 20 No individual or organization may unlawfully hold any
document, material or other articles classified as State
secrets.
Article 21 No individual or organization may unlawfully hold or
use any specialized espionage equipment or devices such as those
for eavesdropping or secret photographing.
Article 22 Any citizen or organization shall have the right to
make to the State security organ at a higher level or to a relevant
department exposure of or charge against the excess or abuse of
power or other unlawful acts committed by a State security organ or
its functionaries. The State security organ at the higher level or
the relevant department shall ascertain the facts without delay and
be responsible for the handling thereof.
No one may suppress or retaliate against any citizen or
organization that has assisted a State security organ in its work
or made reports or charges according to law.
Chapter IV Legal Liability
Article 23 Where the acts endangering State security committed
by institutions, organizations or individuals outside the territory
of the People's Republic of China or committed by other persons
under the instigation or financial support of the said
institutions, organizations or individuals, or committed by
institutions or individuals within the territory of the People's
Republic of China in collusion with institutions, organizations or
individuals outside the territory constitute crimes, such
institutions, organizations or individuals shall be investigated
for criminal responsibility according to law.
Article 24 Anyone who, guilty of a crime of espionage,
voluntarily surrenders himself or has performed meritorious service
may be given a lighter or a mitigated punishment or be exempted
from punishment; and any such person who has performed significant
meritorious service may be awarded.
Article 25 Anyone who is compelled or induced to join a hostile
organization and engaged in activities outside the territory
endangering the State security of the People's Republic of China
has made a faithful and timely report about the situation to an
organ of the People's Republic of China stationed abroad, or after
returning to the country, has made a faithful and timely report
about the situation directly or through his unit to a State
security organ or a public security organ shall not be
prosecuted.
Article 26 Whoever, well aware of other persons' criminal acts
of espionage, refuses to provide information while a State security
organ investigates the circumstances or collects evidence from him
shall be punished with administrative sanctions by his unit or the
competent department at a higher level, or given a detention of not
more than 15 days by the State security organ; in case the
circumstances are serious, the offender shall be punished by
applying mutatis mutandis the provisions of Article 162 of the
Criminal Law.
Article 27 Whoever, by means of violence or threat, obstructs a
State security organ from carrying out an assignment of State
security according to law shall be punished in accordance with the
provisions of Article 157 of the Criminal Law.
Whoever intentionally obstructs a State security organ from
carrying out an assignment of State security according to law,
without resort to violence or threat, but have caused serious
consequences shall be punished by applying mutatis mutandis the
provisions of Article 157 of the Criminal Law; in case the
circumstances are not serious, the offender shall be given a
detention of not more than 15 days by the State security organ.
Article 28 Whoever intentionally or negligently divulges State
secrets concerning State security shall be given a detention of not
more than 15 days by the State security organ; in case the offence
constitutes a crime, the offender shall be investigated for
criminal responsibility according to law.
Article 29 A State security organ may search the body, articles,
residence and other related places of anyone who unlawfully holds
documents, materials or other articles classified as State secrets,
or who unlawfully holds or uses equipment and materials specially
for espionage purposes, and may confiscate such documents,
materials and other articles, as well as such equipment and
materials.
Anyone, who unlawfully holds documents, materials or other
articles classified as State secrets, if the case constitutes the
crime of divulging State secrets, shall be investigated for
criminal responsibility according to law.
Article 30 If the violators of this Law are from outside the
territory of the People's Republic of China, they may be ordered to
leave the country within a specified time limit or be deported.
Article 31 Any party concerned, if not satisfied with the
detention decision, may apply for reconsideration within 15 days
after receipt of the decision to the organ at the next higher level
over the one that has made the decision; and if still not satisfied
with the reconsideration decision, the party concerned may bring a
suit in a people's court within 15 days after receipt of the
reconsideration decision.
Article 32 Any State security functionary who neglects his duty
or engages in malpractices for personal interests, if the offence
constitutes a crime, shall be punished in accordance with the
provisions of Article 187 or Article 188 of the Criminal Law; Any
such person who practises unlawful detention or extorts a
confession by torture, if the offence constitutes a crime, shall be
punished respectively in accordance with the provisions of Article
143 or Article 136 of the Criminal Law.
Chapter V Supplementary Provisions
Article 33 Any public security organ that carries out an
assignment of State security according to the provisions of
Paragraph 2, Article 2 of this Law shall be governed by the
relevant provisions of this Law.
Article 34 This Law shall enter into force as of the date of
promulgation.
(China.org.cn)