中华人民共和国国家安全法实施细则 RULES FOR IMPLEMENTATION OF THE STATE SECURITY LAW OF THE PEOPLES REPUBLIC OF CHINA

les pertaining to that State secret.

　　Article 20 The term “special equipment or devices for espionage activities” as referred to in Article 21 of the State Security Law means the following equipment or devices specially for espionage activities：

　　（1） Hidden eavesdropping device or camera；

　　（2） Burst transceiver， one-shot pad for cipher code， or secret writing devices；

　　（3） Electronic surveillance and intercepting devices specially used for acquiring intelligence；

　　（4） Other special espionage equipment or devices.

　　The Ministry of State Security shall be in charge of the identification of any special espionage equipment and devices.

　　Chapter IV Legal Liability

　　Article 21 The State security organs may seal up， withhold or freeze the instruments and other properties used for committing acts endangering the State security， as well as the funds， sites and materials as referred to in Article 6 of these Rules； the instruments and other properties thus sealed up， withheld or frozen shall， upon different circumstances， be either confiscated by the State security organs or transferred to judicial organs for disposal according to law.

　　The properties confiscated by the State security organs shall all be turned over to the State Treasury.

　　The properties acquired through divulging State secrets shall be treated in accordance with the provisions of Article 34 of the Measures for Implementation of Law on Guarding State Secrets of the People's Republic of China.

　　Article 22 Where an act endangering the State security constitutes a crime， criminal responsibility shall be investigated according to law； where the offence does not constitute a crime， the offender shall be given administrative sanctions by his or her unit or by the competent department at a higher level； the State security organs may also give him or her a warning or reprimand， or order him or her to write a statement of repentance.

　　Article 23 The following shall fall into the “meritorious service” as referred to in Article 24 of the State Security Law：

　　（1） Exposing and c

harging against other criminals endangering the State security， and the exposure and charge prove true；

　　（2） Providing important clues or evidences so that acts endangering the State security are discovered and checked；

　　（3） Giving assistance to the State security organs or judicial organs to capture other criminals endangering the State security；

　　（4） Other acts of great help for the State security organs to safeguard the State security.

　　“Significant meritorious service” means a service within the above-enumerated scopes that is of especially great help to the State security work.

　　Article 24 In case there is evidence to show that a person knows some others to have committed acts endangering the State security， or after he or she is informed explicitly by the State security organs that some others have committed acts endangering the State security， he or she shall be punished in accordance with the provisions of Article 26 of the State Security Law if he or she refuses to provide relevant circumstances and evidences at the request of the State security organ when the latter is engaged in investigating relevant circumstances and collecting relevant evidences.

　　Article 25 Citizens and organizations have the duty， according to law， to provide convenience or other assistance to any State security organ that is carrying out according to law tasks for State security； any person or organization that refuses to provide such convenience or assistance and thereby commits an offence of obstructing on purpose the State security organ to carry out according to law tasks for State security shall be punished in accordance with the provisions of Paragraph 2， Article 27 of the State Security Law.

　　Article 26 Whoever obstructs on purpose the State security organ to carry out according to law tasks for State security and thereby causes personal injuries or property damages or losses to the functionary of the State security organ， shall be responsible for compensation according to law， and shall also be punished by the judicial organ or the State security organ in accordance with the provisions of Paragraph 2， Article 27 of the State Security Law.

　　Article 27 Any functionary of the State security organ who neglects his or her duty， engages in malpractice for personal interest， unlawfully detains any person（s） or extorts a confession by torture， if his or her acts constitute a crime， shall be investigated for criminal responsibility according to law.

　　Chapter V Supplementary Provisions

　　Article 28 These Rules shall enter into force as of the date of promulgation

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