Lee Hyo-jin covers the Bank of Korea, the banking industry and broader financial news. Her previous beats include foreign affairs, North Korea and general reporting on Korean society.
China's new anti-spy law expected to further strain Seoul-Beijing ties
Tourists shield themselves from the sunshine with umbrellas at the Temple of Heaven in Beijing, June 23. Xinhua-Yonhap
By Lee Hyo-jin
Beijing feared to use anti-espionage law to flex muscle on Seoul
By Lee Hyo-jin
Beginning this month, China implemented an expanded version of its already sweeping counter-espionage law, which significantly broadens the scope of what is viewed as an act of spying.
Analysts say ambiguous clauses in the new bill provide plenty of excuses for China to wrongfully accuse foreign nationals it dislikes, adding risks to bilateral relations between Seoul and Beijing that have been on thin ice in recent months.
Compared to the previous anti-spy law which defined espionage as covering “state secrets and intelligence,” the amended law ― which came into effect on Saturday ― more broadly views spying as accessing “any documents, data, materials and items related to national security and interests,” as well as cyberattacks against China's state organizations or critical information infrastructure.
But the new law does not define specifically what falls under China's national security or interests.
Moreover, the new bill grants extensive investigative power to Chinese national security agencies, which now have the authority to gain access to data and information on personal property such as smartphones and laptops.
The law also allows the authorities to impose exit bans on any suspected individual ― regardless of their nationality ― if they are deemed a potential national security risk.
While it is normal for governments to criminalize espionage, experts raised concerns over the ambiguity of China's new law.
Kang Joon-young, a professor of Chinese studies at Hankuk University of Foreign Studies, voiced concerns that that Beijing might deliberately take advantage of this ambiguity.
“The law is too vague. Since there is no specific definition of what constitutes espionage, individuals can be investigated just for taking pictures of military facilities or sharing articles criticizing the Chinese government,” he told The Korea Times.
“Foreigners who are unfamiliar with China's laws can be accused of spying for being at the wrong place at the wrong time,” Kang added.
A police car passes by the entrance of Tianjin Binhai No. 1 Hotel in Tianjin, China, in this July 2021 photo. AP-Yonhap
As to why the communist state has decided to bolster its counter-espionage law, Kang said, “The Xi Jinping regime cites the need to better protect national security against increasingly sophisticated cyberattacks. But I think this comes with the underlying intention to more closely scrutinize rival states.”
Amid growing tensions between Washington and Beijing, China could try to flex its muscle on the United States and its allies using the strengthened law, Kang said.
Considering that Korea's relations with China have soured recently, Kang urged Korean nationals staying or travelling in China to exercise caution so they will not become the first foreign victims of the new law.
“If a Korean national gets arrested or detained under the new law, it would certainly become a major diplomatic issue between the two countries,” he said.
Against this backdrop, the Korean Embassy in Beijing warned Korean residents in China, June 26, not to search or download on their smartphones or laptops data related to China's national security, such as maps, photos or statistics. The embassy also said taking photos of local protests or engaging in religious activities prohibited by the Chinese government could also be viewed as espionage.
Lee Sang-man, a professor at the Institute for Far Eastern Studies at Kyungnam University, said the new law will have a negative impact on Korean businesses in China, as well as people-to-people exchanges between the neighboring countries.
“It all depends on how the Chinese authorities interpret and enforce the law,” Lee said. “It is very worrisome that normal activities of Korean business people, such as networking with Chinese officials, that were previously considered legal, may now constitute illegal information gathering.”
Lee also said the new bill would be another reason that makes Koreans reluctant to travel to China.
In fact, China is already becoming a less attractive tourist destination for Koreans due to multiple reasons, including complicated visa procedures as well as growing anti-Chinese sentiment especially among young Koreans.
A board shows the departure times of flights to Chinese cities from Gimpo International Airport, June 23. Yonhap
According to data from the Ministry of Land, Infrastructure and Transport, about 1.2 million travelers flew between the two countries between January and May this year. The figure is only 16 percent of the 7.21 million seen during the same period in 2019, before the COVID-19 pandemic started. The plunging number of travelers has led Korean carriers to suspend flights on major routes to China from August to October.
Lee also voiced concerns that the tightened state control would have chilling effects on Korean scholars and journalists in China.
“Foreign correspondents' activities in China could now be more closely monitored by the state. And it seems risky for people like me, who have been critical of China's policies at some point, to travel to the country at this point of time to attend seminars,” he said.