Posted to the China Law Discussion list this morning..
Simon Xi Zhang writes….
I’d like to share one observation with members of the list, some of you may have noted it already though I haven’t seen this being brought up to broad attention.? (Actually, we’re going to speak on something which is supposed to be unspeakable!)
The amended PRC Law on Guarding State Secrets was passed on Apr. 29, 2010.? (http://www.npc.gov.cn/npc/xinwen/2010-04/29/content_1571588.htm)
Under the old law, article 26 prescribed that “state secrets shall not be disclosed in personal communications and contact” (Old law, para.1 of art. 26: http://news.xinhuanet.com/legal/2003-01/21/content_699624.htm).? The amended para. 3 of article 26 now provides that “personal communications and contact shall not relate to state secrets”.?
This enlargement of prohibition, and the difficulties in term of enforcement (or compliance thereof), was picked up by Chinese media when the draft amendment was discussed by the legislators (http://business.sohu.com/20100301/n270481008.shtml)(http://policy.caing.com/2010-04-26/100139005.html .? According to the news, legal scholars (not clear whether they are external scholars or those who themselves are members of the NPCSC) expressed concern to such change of “disclosure” into “relate to”.
Almost every year on this list, the number of DP is being enquired upon, raised up, and discussed ( i.e., relate to), but the exact amount has never been implied or confirmed (thus no “disclosure”).? Will the same get people into trouble this year?? Will any foreign journalist dare to ask about (oh no, merely “mention”) the DP number on the next Foreign Affairs Ministry regular press conference?
DISCLAIMER: the amendment will only become effective from Oct. 1 in this year, therefore legally speaking, the preceding paragraph is still legal.? 🙂
