The new national security law enforcement regulations will be implemented in July, and personal mobile phones, computers and other electronic devices can be checked!
01
New regulations on "checking mobile phones when entering China".
The Ministry of State Security announced last Friday (29th) the "Provisions on Administrative Law Enforcement Procedures for Security of State Security Organs" and the "Provisions on Procedures for Handling Criminal Cases by State Security Organs" prohibit law enforcement procedures, which mention that local law enforcement personnel will be equipped with the right to inspect electronic equipment, which will be implemented on July 1.
According to Article 40 of the Provisions on Administrative Law Enforcement Procedures for State Security Organs, after receiving the approval and inspection notice from the responsible person of a state security organ at or above the municipal level, the state security organ may inspect the electronic equipment and related applications, tools, and content of relevant individuals and organizations in accordance with the law.
In an emergency, law enforcement personnel only need to present their people's police ID or reconnaissance permit after approval by the person in charge of national security at or above the municipal level, and then they can directly inspect on the spot.
Explain in detail the normative requirements of the "three clear inspections".
The Provisions on Administrative Law Enforcement Procedures for State Security Organs and the Provisions on Procedures for Handling Criminal Cases by State Security Organs recently released by the Ministry of State Security will come into effect on July 1, 2024. All sectors of society have paid extensive attention to and given positive comments on the rules of these two departments, believing that they are an important embodiment of deepening the construction of the rule of law for national security.
What are the scope and specifications for the inspection of electronic equipment and facilities by state security organs? Cadres and police officers of state security organs said that espionage is an activity that seriously endangers national security, and all countries have passed legislation to crack down on it. In order to effectively prevent, stop, and punish the illegal and criminal activities of espionage, the newly revised "Counter-espionage Law of the People's Republic of China" makes specific regulations on the lawful inspection of electronic equipment and facilities by state security organs in accordance with the relevant provisions of the Constitution.
The cadres and police officers of the state security organs gave a detailed introduction to the normative requirements for the "three clear inspections". First, the premise of the inspection is clear. Counter-espionage tasks must be carried out in accordance with law. In circumstances unrelated to counter-espionage efforts, state security organ personnel must not conduct inspections without permission. Second, the object of inspection is clear. They must be individuals and organizations "related" to counter-espionage efforts, such as suspected espionage personnel who secretly photograph military restricted areas, secret-related units, and so forth. The object of inspection cannot be an unrelated person, let alone an "ordinary entry person".
"Third, the inspection process is clear. It must be approved by the responsible person of a state security organ at or above the districted-city level; Law enforcement identification shall be presented; the presence of the person being examined or witnesses; Where it is discovered that there is a danger to potential national security hazards, corrections shall be ordered, and where the harm cannot be eliminated or corrections are refused, it may be sealed and seized in accordance with law. "In particular, it is clearly stipulated that those who must be inspected immediately in an emergency situation should also be approved by the person in charge of the state security organ at or above the districted city level, which is stricter than the general requirement of 'first implementation and then approval' in emergency situations stipulated in the Administrative Compulsion Law of the People's Republic of China, and embodies the rule of law concept of handling matters in accordance with the law and prudently using power." ”
02
The promulgation of the "two departmental regulations" is well-founded
On April 18, 2024, the National Immigration Administration of China held a regular press conference to report the main data of immigration management in the first quarter of 2024.
This data shows that in 2024, the scale of China's entry and exit will be relatively large, and with the relevant measures such as visa-free opening, the scale of entry and exit will also show an increasing trend - a total of 466,000 foreigners have been issued visa documents, an increase of 118.8% year-on-year, and 1.988 million visa-free foreigners have entered the country, an increase of 266.1% year-on-year.
In the first quarter of 2024, China's immigration authorities investigated and handled more than 10,000 cases of crimes that obstructed national (border) border management, and arrested more than 14,000 criminal suspects, of which more than 12,000 were subject to criminal coercive measures and 1,785 were administratively investigated and punished in accordance with the law.
In fact, not only China, but also the United States has similar regulations in terms of entry inspection. As early as 2017, the Chinese Consulate General in Los Angeles reminded arrivals of the relevant regulations in the United States.
China is a country governed by the rule of law and strictly protects citizens' freedom and confidentiality of correspondence. China's constitution and laws clearly stipulate that no organization or individual may infringe upon citizens' freedom and privacy of correspondence for any reason except for legal reasons and procedures, fully demonstrating the balance between safeguarding national security and safeguarding individual rights.
And China's protection is completely out of protection, for better security.