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School of Law

China to tighten its state secrets law in biggest revision in a decade

Dr Matthieu Burnay was interviewed by the South China Morning Post about the revision.

Red flags flying in the Tiananmen Square, Beijing.

A dozen new clauses have been added to the Law on Guarding State Secrets in the revision, including banning all state employees with access to classified information will be banned from travelling overseas without prior approval.

Dr Matthieu Burnay, Reader in Global Law at Queen Mary University of London, said the amendment would increase the risk of foreign firms having to face conflicting legal obligations in China and their home jurisdiction. Dr Burnay said the amendment restricting people from leaving China for a period after leaving jobs that “involved secrets” introduced a “very high level of uncertainty” because of vaguely defined terms such as “state secrets”, “national security” and “national interests”.

Read the full article on the South China Morning Post (subscription required).



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