- Travel advisory China risk of unjust detentions
- US warning travel to China due to arbitrary law enforcement
- Recent cases of unjust detentions in China
- China Foreign Relations Law impact on foreign journalists
- US-China relations update: travel warnings and disputes
US warning travel to China due to arbitrary law enforcement
The government indicated that there is a risk of unjust detentions at the hands of Xi Jinping’s regime, in view of laws passed that give discretion to local authorities to prohibit departure from the country.
The United States has advised Americans to reconsider travel to China due to arbitrary law enforcement, bans on leaving the country, and the risk of unjust detentions.
Although the warning did not mention specific cases, it was issued after a 78-year-old U.S. citizen was sentenced in May to life imprisonment on espionage charges.
In addition, the Chinese government last week passed a sweeping Foreign Relations Law that threatens countermeasures against countries deemed to harm China’s interests.
Beijing recently passed another broadly worded counter-espionage law that has caused jitters in the foreign business community, with raids on several offices. A law has also been passed to punish foreign critics.
“The government of the People’s Republic of China (PRC) arbitrarily enforces local laws, including issuing exit bans on U.S. citizens and citizens of other countries, without fair and transparent processes under the law,” the U.S. recommendation noted.
“U.S. citizens traveling to or residing in the PRC could be detained without access to U.S. consular services or information about their alleged offense,” it noted.
“PRC authorities appear to have broad discretion to assess a wide range of documents, data, statistics, or materials as state secrets and to detain and prosecute foreign nationals for alleged espionage,” the official message said.
The text listed a long list of possible violations, such as participating in demonstrations, sending messages critical of Chinese policies or simply investigating areas deemed sensitive.
Prohibitions on leaving the country could be used to force people to participate in government investigations, pressure family members to return from abroad, settle civil disputes on behalf of Chinese citizens and “gain bargaining power over foreign governments,” the warning added.
Similar warnings were issued for the Chinese semi-autonomous regions of Hong Kong and Macau. They were dated Friday, although they were sent to journalists on Monday.
What China’s Foreign Affairs Law says
China’s new foreign relations law expands the concept of espionage, which may make it even more difficult for foreign journalists and business people to travel safely around the country.
The law appears to be an effort to provide a legal basis for punishing any individual or organization that threatens China’s interests, which may include any move that suggests “de-espionage” or “disengagement,” at least according to state media rhetoric in recent days.
The law has also been interpreted as a move to provide a legal framework for Chinese President Xi Jinping’s worldview as it adopts two of his flagship foreign policy initiatives: the Global Security Initiative and the Global Civilization Initiative.
Experts agreed that the ambiguous language of the legislation would be open to interpretation on a case-by-case basis and could threaten the activities of foreign journalists and businessmen in China.
The law expands the definition of espionage to include access to “documents, data, materials or articles related to national security and interests,” prompting Cedric Alviani of Reporters Without Borders to comment that it covered “basically any kind of information.”
The law was passed by the Standing Committee of the National People’s Congress last Wednesday, just days before the 102nd anniversary of the founding of the Communist Party, which was to be celebrated on Saturday.
Revisions to China’s counterintelligence law first came to light in late April this year amid raids on foreign companies in Shanghai and Beijing, notably U.S. management consulting firm Bain and Co. and U.S. due diligence firm Mintz.
Mao Ning, Chinese Foreign Ministry spokesman, told a press conference, “There is no need to associate the counter-espionage law with the reporting activities of foreign journalists. China always welcomes media and journalists from all countries to conduct interviews and publish reports in China in accordance with laws and regulations, and we will provide them with facilities and assistance.”
“As long as laws and regulations are respected, there is nothing to worry about,” Mao added.
Worsening relations
China often responds with indignation to what it perceives as U.S. efforts to challenge its Communist Party-led authoritarian system. It has issued its own travel warnings regarding the U.S., which warn of the danger of crime, discrimination against Asian people and the high cost of medical care.
Relations between the two countries are at their lowest point in years due to trade, technology, Taiwan and human rights disputes, although the two sides have taken some steps to improve the situation. U.S. Secretary of State Antony Blinken traveled to Beijing last week on a long-delayed visit, while Treasury Secretary Janet Yellen would make an expected trip to Beijing this week. China also recently appointed a new ambassador to Washington, who presented his credentials at a meeting with President Joe Biden at the White House.