Take the Advice: Don't Let the National Security Authorities Invite You to These "Ten Cups of Tea"

2024-01-30 1291 0人评论

The internet buzzword "invitation to tea" has been given by netizens the meaning of "being summoned for a talk or placed under investigation on suspicion of illegal or criminal activity." Laws and regulations such as the Criminal Procedure Law and the Counter-Espionage Law grant state security organs criminal law enforcement powers and administrative law enforcement powers. So under what circumstances would one be "invited to tea" by a state security organ? We have sorted out the following 10 main situations.

 **First cup of "tea": Suspected of committing a crime endangering national security

  In handling criminal cases endangering national security, state security organs exercise, in accordance with the law, the powers of investigation, detention, preliminary examination and execution of arrest, as well as other functions and powers provided by law. If a person is suspected of a crime endangering national security, the state security organ will file a case and conduct investigation against the criminal suspect, take criminal compulsory measures such as summons for interrogation and detention in accordance with the law, and employ investigative measures such as interrogation, to collect and obtain evidence materials proving the suspect's guilt or innocence, or the lightness or seriousness of the crime.

  Second cup of "tea": Committing espionage acts or acts of assistance

  Where a person commits espionage acts or acts of assistance (that is, knowing that another person is committing espionage acts, yet providing information, funds, materials, labor services, technology, venues or other support or assistance, or harboring or shielding that person) that do not yet constitute a crime, the state security organ shall, in accordance with the law, impose a warning or administrative detention, and a fine, either alone or in combination, and the relevant departments may impose sanctions in accordance with the law. Where a unit commits the above two types of acts, penalties such as warnings and fines shall be imposed on the unit and the relevant responsible persons. In addition, based on the circumstances and consequences of the violation, it may also be recommended that the competent department make administrative decisions against the relevant unit and personnel in accordance with the law, such as ordering suspension of production or business and revoking relevant licenses and permits.

  Third cup of "tea": Failure to implement the primary responsibility for counter-espionage security precautions

  The Counter-Espionage Law has a dedicated chapter stipulating the primary responsibility and related obligations for security precautions. Where statutory obligations are not performed as required, the state security organ may order correction; where correction is not made as required, it may summon the relevant responsible persons for a talk, and when necessary, may notify the unit's superior competent department of the talk; where harmful consequences or adverse effects are caused, it may also issue a warning or circulate a notice of criticism; where the circumstances are serious, the relevant departments shall impose sanctions in accordance with the law.

  Fourth cup of "tea": Violating the permit for construction projects involving national security matters

  The "permit for construction projects involving national security matters" is an administrative licensing function implemented by state security organs in accordance with the Counter-Espionage Law. Its main responsibility is to exercise approval and supervision over construction projects within the security control areas around key and vital units, so as to promptly discover and prevent foreign espionage and intelligence agencies from using relevant construction projects to carry out espionage activities. For illegal new construction, reconstruction or expansion of construction projects within security control areas, state security organs have the power to order correction and issue a warning; where correction is refused or the circumstances are serious, they may order suspension of construction or use, temporarily withhold or revoke licenses and permits, or recommend that the competent department handle the matter in accordance with the law.

  Fifth cup of "tea": Refusing to cooperate with investigation of espionage acts

  All citizens and organizations shall support and assist counter-espionage work in accordance with the law. When state security organs investigate and seek to understand situations related to espionage acts and collect relevant evidence, the relevant individuals and organizations shall truthfully provide it and may not refuse; where a person, knowing that another person has committed espionage crimes, still refuses to provide information, the state security organ has the power to impose a warning or administrative detention, and may concurrently impose a fine. Where a crime is constituted, criminal liability shall be pursued in accordance with the law.

  Sixth cup of "tea": Illegally obtaining or holding state secrets

  State secrets refer to matters that concern the security and interests of the state, are determined in accordance with statutory procedures, and are known only to a limited scope of persons within a certain period of time. Their creation, transmission, use, reproduction and preservation are all subject to strict rules, and safeguarding state secrets is a statutory obligation of citizens. For illegally obtaining or holding documents, data, materials or articles that are state secrets, where a crime is not yet constituted, the state security organ shall impose a warning or administrative detention. Where a crime is constituted, criminal liability shall be pursued in accordance with the law.

  Seventh cup of "tea": Illegally producing, selling, holding or using espionage equipment

  No individual or organization may illegally produce, sell, hold or use special espionage equipment required for the special needs of espionage activities. Special espionage equipment shall be confirmed by the national security competent department of the State Council in accordance with relevant state provisions. Special espionage equipment refers to the following equipment required for the special needs of espionage activities: concealed eavesdropping and covert photography equipment; burst-type transceivers, one-time codebooks, and secret writing tools; electronic listening and interception equipment used to obtain intelligence; and other special espionage equipment. For illegally producing, selling, holding or using special espionage equipment, where a crime is not yet constituted, the state security organ has the power to impose a warning or administrative detention. Where a crime is constituted, criminal liability shall be pursued in accordance with the law.

 Eighth cup of "tea": Leaking state secrets related to counter-espionage and intelligence work

  State security organs are the competent authorities for counter-espionage work and are also important state intelligence work organs. According to the provisions of the Counter-Espionage Law and the National Intelligence Law, when citizens and organizations support and assist state security organs in accordance with the law, they shall keep confidential the state secrets and work secrets they have learned. For leaking state secrets related to counter-espionage work and state intelligence work, the state security organ has the power to impose a warning or administrative detention. Where a crime is constituted, criminal liability shall be pursued in accordance with the law.

  Ninth cup of "tea": Violating decisions such as orders to leave the country within a time limit

  Where overseas personnel violate the Counter-Espionage Law, the national security competent department of the State Council may decide to order them to leave the country within a time limit and decide the period during which they are not allowed to enter the country. Those who fail to leave the country within the prescribed time limit may be repatriated. At the same time, in accordance with the relevant provisions of the Exit and Entry Administration Law, and based on the need to safeguard national security, state security organs may restrict foreign nationals and foreign institutions from establishing residences or office premises in certain areas; for those already established, they may order relocation within a time limit; for those refusing to comply with the relocation order, a warning shall be given and forced relocation carried out; where the circumstances are serious, administrative detention shall be imposed on the relevant responsible persons.

 Tenth cup of "tea": Committing acts endangering national security other than espionage acts

  The Counter-Espionage Law provides that state security organs, in accordance with laws, administrative regulations and relevant state provisions, perform the duties of preventing, stopping and punishing acts endangering national security other than espionage acts. Article 8 of the Implementing Rules of the Counter-Espionage Law stipulates eight other types of acts endangering national security besides espionage acts, and state security organs have the power to pursue legal liability in accordance with the law.

  Reminder from state security organs

  In addition to the above 10 common situations, any other act endangering national security will also be subject to legal sanctions. State security organs strictly exercise their powers and perform their duties in accordance with laws and regulations such as the National Security Law, the Counter-Espionage Law, the National Intelligence Law and the Criminal Procedure Law.

  National security is everyone's responsibility. The whole society should firmly establish the overall national security concept, enhance the rule-of-law awareness of national security, consciously respect the law, learn the law, abide by the law and use the law, observe laws and regulations concerning national security, and fulfill the statutory obligation to safeguard national security. Any individual or organization that commits illegal or criminal acts endangering national security will surely be severely punished by law. Let us join hands to build a solid barrier for safeguarding national security!

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