‘10 cups of tea’: for first time China’s top intelligence agency spells out reasons for questioning by authorities

Ministry of State Security details 10 actions – including spying and endangering national security – that trigger an ‘invitation to tea’
Foreigners found violating the anti-espionage law could be ordered to leave the country within a designated period

Human rights in China

Vanessa Caiin Shanghai

Published: 4:14pm, 31 Jan 2024

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For the first time, Beijing’s top intelligence agency has laid out 10 conditions subject to scrutiny by its agencies – mainly concerning national security, state secrets and violating the country’s updated anti-espionage law – that could lead to questioning, known in slang as “an invitation to tea”.

In an article posted to its WeChat account on Tuesday, the Ministry of State Security acknowledged the euphemism by referring to the“10 cups of tea” that could lead to a summons.

These include endangering national security, illegally acquiring or holding state secrets and committing or assisting espionage. It warned against refusing to cooperate in an espionage investigation, leaking state secrets related to counter-espionage and intelligence works and failing to take precautions against spying.

The emphasis comes as authorities in mainland China and Hong Kong plug legal loopholes to tackle potential threats to national security.

Also on Tuesday, Hong Kong Chief Executive John Lee Ka-chiu unveiled plans to enact sweeping domestic national security legislation targeting offences including treason, theft of state secrets and espionage.

Beijing ramped up its anti-espionage efforts last year, and the ministry has called for tip-offs from the public about suspected foreign spy activity.

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The updated counter-espionage law that came into effect in July expanded both the definition of spying and the investigative powers of national security law enforcement agencies.

Late last year, the country’s Law on Guarding State Secrets also had its first major proposed update in a decade to expand the depth and reach of its coverage amid rising geopolitical tensions.

The tightened national security scrutiny saw several foreign consulting companies targeted in raids. In April, local police questioned staff at US consultancy Bain & Company’s Shanghai office and in May authorities raided international consulting firm Capvision.

The Ministry of State Security’s WeChat article acknowledged that the phrase “invitation to tea” had become an internet buzzword to mean “being summoned or investigated for suspected offences”.

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It warned individuals and organisations against illegally producing, selling, holding or using spy devices such as wiretapping and interception devices.

The ministry also drew attention to an aspect of the anti-espionage law regarding construction projects in security control areas surrounding important units and facilities.

The ministry said the legal provision aimed to “detect and prevent in a timely manner” the use of construction projects by foreign spy agencies.

Foreigners found violating the anti-espionage law could be ordered to leave the country within a designated period and violating the official decision could trigger a summons.

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While listing the conditions that could trigger a summons, the ministry added a warning that other acts that endanger national security could also lead to legal consequences.

“The whole society should firmly establish the concept of national security,” the ministry said in the article.

It called on “joint hands to build a solid barrier to safeguard national security”.