CCP's New Laws on Evidence Collection: Implications for Travelers and Nationals

China has declared new laws that will go into effect in July and greatly increase the ability of law enforcement officers to get evidence. These adjustments will affect both foreign visitors to China and Chinese nationals going home. Critics see this action as a reaction to the regime's unparalleled crisis, which has prompted travel advice for individuals to stay away from China.

According to the Legal Daily, the new rules provide law enforcement the right, with presentation of police or reconnaissance credentials, to physically check electronic devices during emergencies. Nevertheless, the regulations do not provide precise definitions of emergencies or their limitations.

According to U.S.-based China affairs analyst Tang Jingyuan, these actions are in line with a recent initiative by the Chinese Ministry of State Security to reduce the flow of foreign information into China.

Mr. Tang told The Epoch Times' Chinese-language version, "It will push society towards a wartime mechanism and serve as a soft form of isolationist measures."

The Chinese Communist Party's (CCP) top internal training institution, Minister of State Security Chen Yixin, previously underlined the ministry's emphasis on battling subversion, hegemony, separatism, terrorism, and espionage in the April 29 edition of Study Times, the official publication of the institution.

Former lawyer Lai Jianping, a commentator, thinks the CCP is in the throes of an unparalleled crisis that would result in more social control and more limitations on civil rights.

"People's unhappiness will only increase as a result of these rules. People are aware that it violates the UN Human Rights Convention, the regime's own laws and constitution, Mr. Lai told an American media.

He said that even though people may not know how to challenge these choices, their annoyance would grow and the party's credibility as the governing party will continue to erode.

Political analyst Chen Daoyin, who is now based in Chile and was formerly an associate professor at Shanghai University of Political Science and Law, told Voice of America (VOA) that "the stronger the sense of crisis a regime has, the stronger its desire for control."

Mr. Chen pointed out that for the last several years, the regime's customs service has been randomly inspecting people's electronic gadgets as they enter the nation. Through legislation, the current action seeks to harmonize administrative and law enforcement practices.

In order to maintain "physical isolation," he cautioned Chinese tourists visiting other countries to get new phones for local usage. However, he did not wipe the data on deleted WhatsApp communications.

Regarding people who might be targeted by the regime, including members of Falun Gong, active human rights organizations in the free world, and participants in movements for the independence of Xinjiang and Tibet, Mr. Chen stated, "To be honest, if you anticipate investigation upon your return, it is best not to return." This was reported by VOA.

According to a number of stories, authorities have been intercepting people's cell phones on the streets or in subway cars for a number of years in Beijing, Shanghai, and other cities. Homes of citizens were subject to security inspections after the White Paper Movement in 2022.

Police in Shanghai forced Mr. Zhou (a pseudonym) to turn over his cell phone so they could examine it. Because I published posts about people's livelihoods, they wanted me to go to the police station. There were a lot of cops there. "First of all, what you are doing is illegal, and secondly, the procedures are not legal," I firmly warned them.

We recommend that visitors visiting China use care while traveling to Taiwan. Tsai Ming-yan, the head of the Republic of China's National Security Bureau, issued this warning to international journalists, human rights campaigners, and Taiwanese businesses in May 2023.


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