What is happening?
On May 13, a Chinese court sentenced a Japanese man in his 50s to 12 years in prison for espionage. He was taken into custody in Shanghai in December 2021, and his trial began in October 2023. Japanese officials from the Consulate-General in Shanghai were not permitted to attend the first hearing of the trial. Although they were allowed to observe the trial last Tuesday, they were unable to disclose any details due to privacy protections. This case is hardly unique. Ever since China adopted its Counter-Espionage Law (中華人民共和國反間諜法) in 2014, at least 17 Japanese nationals have been detained, and this man is already the 11th individual to receive a prison sentence. Adding to the complexity of the situation is the Japanese government’s consistent denial of involvement in espionage activities, emphasizing the absence of a centralized foreign intelligence agency.
What is the broader picture?
China’s Counter-Espionage Law was first enacted in 2014 and further revised in 2023. It reflects President Xi Jinping’s (習近平) broad view of national security and grants extensive powers to the Ministry of State Security to investigate alleged acts of espionage. The law aims to prevent, frustrate, and punish espionage, while maintaining national security (Article 1). It applies not only within China but also to foreign territories, based on the protective principle of international law that allows China to apply its domestic laws to crimes abroad if they are deemed harmful to its existence or other important national interests. Even Japan applies the protective principle through Japanese laws such as the Act on the Protection of Specially Designated Secrets. However, the issue with China’s Anti-Espionage Law lies in its vague definitions, such as what constitutes an act of espionage or what activities would be considered harmful to national security and interests. For example, even collecting publicly available information could be interpreted as espionage if it were deemed to infringe upon Chinese national interests.
A case from 2015 illustrates this well. A Japanese woman was detained in Shanghai during a business trip for allegedly engaging in espionage by conveying a Chinese diplomat’s views on the Tokyo-controlled, Beijing-claimed Senkaku Islands to two Japanese government officials. This was the first known case in which actions taken in Japan served as the basis for Chinese criminal prosecution. In 2018, she was sentenced to six years in prison, despite the High People’s Court in Shanghai ruling that the information did not pertain to national security. It is essential to note that while her prosecution in China was lawful under Chinese domestic law, gathering evidence on Japanese territory would constitute an infringement on Japan’s sovereignty and a violation of international law.
Another known case concerns an employee of the Japanese drugmaker Astellas Pharma, who was detained in Beijing in March 2023, just before his scheduled return to Japan. However, few details are available, as China generally holds trials for cases involving national security behind closed doors. In a separate incident in 2019, China detained a Japanese professor specializing in modern Chinese history on suspicion of espionage, but he was released after two months.
Why does it matter?
Since November 2014, when China’s Counter-Espionage Law came into force, at least 17 Japanese citizens have been detained for alleged involvement in espionage activities, with five still imprisoned. The law’s vague definitions have raised concerns about arbitrary enforcement, further straining Japan-China relations. In response, Japanese companies have curtailed business trips to China, and Japanese scholars specializing in Chinese affairs have begun limiting their visits, instead participating in online symposia. The Japanese government continues to advocate for the release of its detained nationals and has urged China to ensure transparency in its judicial processes.
Notably, the law does not apply solely to Japanese nationals but extends to all foreign institutions, organizations, and individuals (Article 10). Therefore, anyone traveling to or through China should exercise caution and consider consulting Safeguard Defenders’ detailed guide about detention in the People’s Republic.
