Some of the major proposed amendments include stricter limits on travel for personnel with access to state secrets, additional government funds for keeping information secret and fresh power for authorities to search documents, personnel and electronic devices.

What is a state secret under the law?

The law gives a general description of what is a state secret but Chinese authorities have given few – if any – specific examples.

The law defines state secrets as matters that “have a vital bearing on state security and national interests and, as specified by legal procedure, are entrusted to a limited number of people for a given period of time”.

It defines state secrets as confidential matters concerning the country’s security and interests related to major policy decisions, national defence and armed forces, diplomatic activities, national economic and social development, science and technology, state security and the investigation of criminal cases.

Under the law, state secrets are defined as “top secret”, “classified” or “secret”. The most confidential information comes under “vital state secrets”, which, if divulged, would “cause extremely serious harm to state security and national interests”.

Classified information that falls into these three categories is subject to different classification periods, with top secret information to be retained for up to 30 years.

The law lists 12 ways it can be violated, including illegally obtaining or holding carriers of state secrets, and illegally copying, recording or storing of state secrets. Disclosing state secrets can include passing them to any unauthorised parties.

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What personnel are affected?

The definition of “personnel involved with state secrets” is believed to cover a swathe of employees in various government bodies, Communist Party organisations, state-owned enterprises and the military. But there has never been an official list of those groups and the law does not give a clear definition.

Under the law, individuals with access to classified information also fall into one of three categories – “core”, “important” or “general”, depending on their position and the level of the secrets they are exposed to.

According to a 2018 statement from the National Administration of State Secrets Protection, employees in positions that “generate, manage or have regular contact with, or are aware of top-secret state secrets” in their daily work are considered as having “core secret-related positions”.

The existing law stipulates that such individuals are required to obtain approval before travelling overseas. It also places restrictions on their employment during a confidentiality period after they leave their initial position.

The latest draft revision adds that they would also be banned from travelling overseas during the confidentiality period. And they should also continue to protect state secrets that they had access to when the confidentiality period ends.

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What are the criminal penalties for disclosing state secrets?

Under China’s Criminal Law, individuals who “steal, spy on, buy or unlawfully supply state secrets or intelligence for an overseas body, organisation or individual” can face life in prison.

According to a judicial interpretation issued by the Supreme People’s Court, intelligence is defined as “matters that concern state security and interests, which are either not yet public or should not be made public”.

The heaviest penalties can be given when the case is considered “particularly serious” – when offenders provide “top secret” information or more than three items of “classified” information, according to a judicial interpretation from China’s top court that came into effect in 2001.

The Criminal Law also stipulates that state employees can be charged with dereliction of duty and sentenced to up to seven years in prison for “intentionally or negligently divulging state secrets”.

People who illegally obtain military secrets can be imprisoned for at least 10 years if the circumstances are deemed “especially serious” while those who supply them to overseas agents or individuals can face the death penalty.