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Laws of the People's Republic of China |
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| Category | STATE SECURITY | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1994-06-04 | Effective Date | 1994-06-04 |
|
Rules for Implementation of the State Security Law of the People's Republic of China |
|---|
Chapter I General Provisions
Chapter II Functions and Powers of the State Security
Organs in the Work of State Security
Chapter III Duties and Rights of Citizens and Organizations
in Safeguarding State Security
Chapter IV Legal Liability
Chapter V Supplementary Provisions Article 1 These Rules are formulated in Article 2 The State security organs shall When the public security organs carry out Article 3 The "institutions or organizations The "individuals outside the territory" shall Article 4 The "espionage organization's agent" The Ministry of State Security of the People's Article 5 The "hostile organization" as referred The Ministry of State Security or the Ministry Article 6 Giving "financial support" for acts (1) Providing funds, sites or materials to (2) Providing funds, sites or materials to Article 7 Being "in collusion with..." in committing (1) Plotting or committing acts endangering the State (2) Accepting financial support or instigation from (3) Establishing contacts with and obtaining support Article 8 The following shall fall into "other sabotage (1) Organizing, plotting or committing terrorist acts (2) Committing acts endangering the State security by (3) Committing acts endangering the State security (4) Committing acts endangering the State security by (5) Committing acts endangering the State security by (6) Any person outside the territory who, in violation Article 9 The Ministry of State Security may decide not Article 10 The State security organs may, in accordance Article 11 The functionary of a State security organ Article l2 The vehicles of the State security organs Article 13 The State security organs may, when finding Article 14 The functionary of a State security organ shall The functionary of a State security organ shall, when carrying The State security organs and their functionaries shall, Article l5 Organs, organizations and other institutions Article 16 Where any citizen finds an act endangering Article l7 Citizens and organizations providing support Article 18 The following shall fall into the (1) Providing important clues to the State security (2) Providing important information about circumstances (3) Cooperating closely with the State security organs (4) Struggling against the criminals endangering the (5) Having outstanding achievements in educating, Article l9 The expression "unlawfully hold any document, (1) A person who is not entitled to know a certain State (2) A person though entitled to know a certain State Article 20 The term "special equipment or devices for (1) Hidden eavesdropping device or camera; (2) Burst transceiver, one-shot pad for cipher code, (3) Electronic surveillance and intercepting devices (4) Other special espionage equipment or devices. The Ministry of State Security shall be in charge of Article 21 The State security organs may seal up, The properties confiscated by the State security organs The properties acquired through divulging State secrets Article 22 Where an act endangering the State security Article 23 The following shall fall into the (1) Exposing and charging against other criminals (2) Providing important clues or evidences so that acts (3) Giving assistance to the State security organs or (4) Other acts of great help for the State security "Significant meritorious service" means a service Article 24 ln case there is evidence to show that a person Article 25 Citizens and organizations have the duty, Article 26 Whoever obstructs on purpose the State Article 27 Any functionary of the State security organ Article 28 These Rules shall enter into force as of
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Chapter I General Provisions
accordance with the State Security Law of the
People's Republic of China (hereinafter referred
to as the State Security Law).
be in charge of the implementation of these Rules.
tasks for State security in accordance with the
provisions of Paragraph 2 , Article 2 of the State
Security Law , the relevant provisions of these
Rules shall apply.
outside the territory" as referred to in the State
Security Law shall include the branches
(representatives) established within the territory
of the People's Republic of China by the institutions
or organizations outside the territory;
include those persons who reside in the People's
Republic of China but without the nationality of
the People's Republic of China.
as referred to in the State Security Law means a
person instigated, entrusted or financed by an
espionage organization or by its member to commit,
or incite and instigate other persons to commit,
acts endangering the State security of the People's
Republic of China.
Republic of China (hereinafter referred to as the
Ministry of State Security) shall be in charge
of the identification of the espionage organizations
and their agents.
to in the State Security Law means an organization
which is hostile to the State power of the people's
democratic dictatorship and socialist system of the
People's Republic of China and endangers the State
security.
of Public Security of the People's Republic of China
shall be in charge of the identification of the
hostile organizations.
endangering the State security as referred to in
Article 4 of the State Security Law means the
following acts committed by institutions,
organizations or individuals outside the territory:
organizations or individuals within the territory
who are engaged in acts endangering the State Security;
organizations or individuals within the territory
for use in committing acts endangering the State security.
acts endangering the State security as referred to in
Article 4 of the State Security Law means the following
acts committed by organizations or individuals within
the territory:
security jointly with institutions, organizations or
individuals outside the territory;
institutions, organizations or individuals outside the
territory for committing acts endangering the State security;
and assistance from institutions, organizations or
individuals outside the territory for committing acts
endangering the State Security.
acts endangering the State security" as referred to in
Article 4 of the State Security Law:
endangering the State security;
fabricating or distorting facts, or publishing and spreading
writings and opinions, or manufacturing and distributing
audio and video products;
through setting up social organizations or enterprises or
institutional organizations;
making use of religion;
fomenting disputes among ethnic groups or inciting national
separatism;
of relevant regulations and without paying heed to dissuasion,
willfully meets with any person within the territory having
committed acts endangering the State security or being strongly
suspected of doing so.
Chapter II Functions and Powers of the State Security
Organs in the Work of State Security
to allow any person outside the territory, who is regarded
as likely to commit acts endangering the State security of
the People's Republic of China after entering the territory,
to enter the territory for a certain period of time.
with the provisions of Article 6 of the State Security Law,
list as wanted and pursue and capture the criminals having
betrayed the country and endangering the State security.
may, when carrying out according to law a task for State
security, inspect the articles brought by any unidentified
and suspicious person who could commit acts endangering
the State security.
may, when used to carry out an urgent task for State security,
be fitted out with a special pass symbol as well as a warning
lamp and an alarm.
during inspection any electronic communication instruments
and appliances and other related equipment and installations
not in conformity with the requirements for safeguarding the
State security, order the organization or individual concerned,
according to the provisions of Article 11 of the State Security
Law, to subject all the above-mentioned to a technological
treatment; in case the organization or individual refuses or
is unable to undertake such a treatment, the State security
organs may seal them up for safekeeping or withhold them,
and handle them in accordance with the provisions of relevant
laws and administrative regulations.
not be interfered unlawfully by any other organization or
individual in his or her acts to carry out according to law a
task for State Security.
out according to law a task for State security, produce a
reconnaissance certificate issued by the Ministry of State
Security or other appropriate certificates.
in their work for State security, 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 person.
Chapter III Duties and Rights of Citizens and
Organizations in Safeguarding State Security
shall accept coordination and guidance from the State security
organs in their work to educate their personnel with regard
to the maintenance of State security, and mobilize and
organize them to prevent and check acts endangering the
State security.
the State security and reports it to his or her unit, the
latter shall timely report it to a state security organ or
a public security organ without delay.
and assistance for the State security work shall have the
right to ask the State security organs and public security
organs to take effective measures to prevent or check any
act infringing upon their lawful rights and interests.
"significant contribution" as referred to in Article 5 of
the State Security Law:
organs for finding and cracking of criminal cases seriously
endangering the State security;
to the State security organs for preventing or checking the
occurrence of acts seriously endangering the State security;
in carrying out tasks for State security, and showing
outstanding merit in doing so;
State security in order to safeguard the State security,
and showing outstanding merit in doing so;
mobilizing and organizing the personnel of one's own unit
to prevent or check the occurrence of acts endangering the
State security.
material or other articles categorized as State secrets" as
referred to in Article 20 of the State Security Law means
the following:
secret is found to bring with him or her or store up any
document, material or other articles pertaining to that
State secret;
secret is found, without going through any necessary
formalities, to privately bring with him or her or store
up any document, material or other articles pertaining to
that State secret.
espionage activities" as referred to in Article 21 of the
State Security Law means the following equipment or devices
specially for espionage activities:
or secret writing devices;
specially used for acquiring intelligence;
the identification of any special espionage equipment and
devices.
Chapter IV Legal Liability
withhold or freeze the instruments and other properties used
for committing acts endangering the State security, as well
as the funds, sites and materials as referred to in Article 6
of these Rules; the instruments and other properties thus
sealed up, withheld or frozen shall, upon different
circumstances, be either confiscated by the State security
organs or transferred to judicial organs for disposal
according to law.
shall all be turned over to the State Treasury.
shall be treated in accordance with the provisions of
Article 34 of the Measures for Implementation of Law on
Guarding State Secrets of the People's Republic of China.
constitutes a crime, criminal responsibility shall be
investigated according to law; where the offence does not
constitute a crime, the offender shall be given
administrative sanctions by his or her unit or by the
competent department at a higher level; the State security
organs may also give him or her a warning or reprimand,
or order him or her to write a statement of repentance.
"meritorious service" as referred to in Article 24 of the
State Security Law:
endangering the State security, and the exposure and charge
prove true;
endangering the State security are discovered and checked;
judicial organs to capture other criminals endangering the
State security;
organs to safeguard the State security.
within the above-enumerated scopes that is of especially great
help to the State security work.
knows some others to have committed acts endangering the State
security, or after he or she is informed explicitly by the
State security organs that some others have committed acts
endangering the State security, he or she shall be punished
in accordance with the provisions of Article 26 of the State
Security Law if he or she refuses to provide relevant
circumstances and evidences at the request of the State
security organ when the latter is engaged in investigating
relevant circumstances and collecting relevant evidences.
according to law, to provide convenience or other assistance
to any State security organ that is carrying out according
to law tasks for State security; any person or organization
that refuses to provide such convenience or assistance and
thereby commits an offence of obstructing on purpose the
State security organ to carry out according to law tasks
for State security shall be punished in accordance with
the provisions of Paragraph 2, Article 27 of the State
Security Law.
security organ to carry out according to law tasks for
State security and thereby causes personal injuries or
property damages or losses to the functionary of the State
security organ, shall be responsible for compensation
according to law, and shall also be punished by the
judicial organ or the State security organ in accordance
with the provisions of Paragraph 2, Article 27 of the State
Security Law.
who neglects his or her duty, engages in malpractice for
personal interest, unlawfully detains any person(s) or
extorts a confession by torture, if his or her acts
constitute a crime, shall be investigated for criminal
responsibility according to law.
Chapter V Supplementary Provisions
the date of promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/rfiotssl512