[NEWS IN FOCUS] Gov't on alert over China's expanded anti-espionage act

A pro-democracy group, League of Social Democrats, protest outside the headquarters of The Hong Kong and Shanghai Banking Corporation Limited in Hong Kong on June 6. [YONHAP]

An updated anti-espionage act in China has the Korean government on edge, as the law’s expanded application to Koreans living in China could have unforeseen consequences.

Effective from July 1, the amendment to the act in China, originally legislated in 2014 to prevent and punish acts of spying on the Chinese government, has expanded the law’s application to include even acts of a tourist's whim to take photos of certain sites in China.

“Even acts of researching on the internet any data related to the Chinese national security or interests, such as maps, photos or statistics, and saving them on one’s smartphone, laptop or any electronic device, may be questioned,” the Korean Embassy in China said in a statement issued in late June.

The embassy also cautioned against taking photos of any protests in China or taking part in any evangelizing activities targeting Chinese citizens.

“In the case of an arrest, make an active request to meet with a consular official of the Korean government,” its statement added.

The amendment to the anti-espionage act in China gives Chinese authorities the right to arrest any suspect before they are charged guilty, according to the embassy. Based on the amendment, a foreign citizen suspected of engaging in any activity “that threatens the national security” of China can be barred from entering the country.

Any foreign citizen who has been expatriated or deported based on the law may be barred from entering China for up to 10 years, according to the act’s amendment.

The amendment to the anti-espionage act in China can particularly pose a problem for researchers based in China collecting information on North Korea.

“The law can be applied to any organization that uses a Chinese resource to spy on a third country if it is deemed that this action poses a risk to the Chinese national security,” the Korean Embassy said in its statement.

Korean citizens have yet to be arrested or investigated in China due to the anti-espionage act as of last month, according to the Foreign Ministry in Seoul.

There is a growing concern within the government, however, that if Beijing were to subject any Korean national to investigations for alleged acts of espionage, it can quickly evolve into a diplomatic spat between the two countries.

Soccer player Son Jun-ho was arrested by Chinese authorities last month for his alleged involvement in a case of bribery. The Foreign Ministry has requested the Chinese government be fair in its investigation and has not been able to otherwise intervene in the process.

The American and Japanese governments have also issued statements to caution their citizens on the amendment to the anti-espionage act in China.

“These laws provide the PRC government with expanded legal grounds for accessing and controlling data held by U.S. firms in China. U.S. companies and individuals in China could also face penalties for traditional business activities that Beijing deems acts of espionage or for actions that Beijing believes assist foreign sanctions against China,” the U.S. National Counterintelligence and Security Center said in a statement on June 20.

Nicholas Burns, the American ambassador to China, also cautioned businesses, academics and journalists in China to “be aware of this troubling amendment."

“We will continue to communicate our strong concerns directly to the government here,” he wrote on his Twitter account on July 2.

Over a dozen Japanese citizens have reportedly been arrested or investigated in China for alleged acts of espionage.

Earlier this year, a Japanese citizen in his 50s was arrested by Chinese authorities for spying.

BY ESTHER CHUNG [chung.juhee@joongang.co.kr]