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中华人民共和国保守国家秘密法 Law of the Peoples Republic of China on Guarding State Secrets

2009-03-24 法律英语 来源:互联网 作者:
o meetings and other activities that involve state secrets, the sponsor units shall take security measures, explain to the participants the need to guard secrets and set specific requirements for the purpose.

  Article 23 Military forbidden zones and places and locations that are state secrets not open to the public shall be protected by security measures; no one may decide to open them to the public or enlarge the area that is open to the public without approval obtained in accordance with the relevant state regulations.

  Article 24 No state secrets shall be divulged in private contacts or correspondence.

  When carrying documents and other material and objects classified as state secrets on official tours, no one shall go against the relevant security regulations.

  No state secrets shall be discussed in public places.

  Article 25 Transmission of state secrets through wire or wireless communications shall be protected by security measures.

  No state secrets shall be transmitted by plain code or by a secret code that has not been examined and approved by the central organs concerned.

  No documents or other material and objects classified as state secrets shall be transmitted by ordinary mail.

  Article 26 Without approval by competent departments, no documents or any other material or objects classified as state secrets shall be carried, transmitted, posted or transported out of the country's territory.

  Article 27 State secrets shall, depending on the circumstances, be accessible only to a certain number of people. The most confidential state secrets shall be accessible only to people who have obtained approval.

  Article 28 Personnel to be placed specially in charge of state secrets shall be examined and approved in accordance with the provisions of the state secret-guarding department and the competent personnel department.

  Exit from the country's territory by personnel specially in charge of state secrets shall be approved by the organ that approved their appointment. If the competent department under the State Council holds that the exit of any one of t

hem from the country's territory will endanger state security or cause serious damage to national interests, no approval shall be granted for his exit.

  Article 29 State organs and units shall conduct education among their personnel in the need to guard secrets and check up on secret-guarding work regularly.

  Article 30 State functionaries and other citizens should, upon discovering that state secrets have been divulged or are in danger of being divulged, take remedial measures immediately and promptly report the matter to the state organs and units concerned, which shall, upon receiving such reports, deal with the matter without delay.

  Chapter IV

  Legal Responsibility

  Article 31 Persons who, in violation of the provisions of this Law, divulge state secrets intentionally or through negligence, if the consequences are serious, shall be investigated for criminal responsibility in accordance with the provisions of Article 186 of the Criminal Law.

  Persons who, in violation of the provisions of this Law, divulge state secrets, if the consequences are not serious enough for criminal punishment, may be given disciplinary sanction in the light of the specific circumstances of each case.

  Article 32 Persons who steal, spy on, buy or illegally provide state secrets for institutions, organizations and people outside the country shall be investigated for criminal responsibility in accordance with law.

  Chapter V

  Supplementary Provisions

  Article 33 The state secret-guarding department shall, in accordance with this Law, formulate measures for its implementation, which shall come into force after being submitted to and approved by the State Council.

  Article 34 The Central Military Commission shall, in accordance with this Law, formulate the Regulations of the Chinese People's Liberation Army on the Guarding of Secrets.

  Article 35 This Law shall come into force as of May 1, 1989. The Provisional Regulations on Guarding State Secrets promulgated in June 1951 shall be annulled as of the same date

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