Overview

In the period following May 2010, the PRC Government had become increasingly concerned about non-public Chinese macroeconomic data being published by Chinese and foreign media agencies. Accordingly, on 24 October 2011, the Supreme People's Procuratorate and the State Secrecy Bureau jointly held a press conference to notify that they had successfully prosecuted two cases involving PRC government officials disclosing State secrets. The two officials were sentenced to 5 and 6 years imprisonment respectively.

This is an important case in the area of State secrets in China because it reflects an increasingly intensive enforcement in this area by PRC authorities. It also emphasises the fact that the PRC Law on Guarding State Secrets prohibits the unlawful disclosure of secrets involving China's "national economic and social development" - a particular category of information which foreign investors need to understand is considered sensitive in the PRC.

In this briefing, Herbert Smith give the full background to the case and the individuals involved, the law used to prosecute them and finally, implications and tips for foreigners doing business in China.

To read on, click 'View Briefing'.