On Oct. 29, China confirmed the arrest of a South Korean citizen on suspicion of violating the country’s anti-espionage law. During a regular briefing, Chinese Foreign Ministry spokesperson Lin Jian stated, “A South Korean citizen has been detained on espionage charges by the relevant authorities. China, as a nation under the rule of law, has identified criminal activity in accordance with its legal framework.”
Diplomatic sources indicate that this is the first instance of a South Korean being detained under the anti-espionage law, enacted in 2014 and revised last year. The detainee, a former Samsung Electronics employee in his 50s, had been living in Hefei while working at a Chinese semiconductor company. He was taken from his residence in December and formally arrested in May. Since then, he has been held in a detention center in Hefei.
The incident is fueling speculation that China may be using espionage allegations as a diplomatic lever, possibly targeting South Korea due to its recent alignment with the U.S. and Japan. Historically, China has applied this law more frequently to Japanese nationals, often using their detention as leverage during times of strained Sino-Japanese relations, such as disputes over the East China Sea and Taiwan. Since the anti-espionage law’s introduction in 2014, China has prosecuted at least 17 Japanese individuals, mainly scholars and businesspeople, under the statute.
Foreigners detained under China’s anti-espionage law are rarely acquitted or released. Japan’s Nikkei reported that Japanese nationals charged under the law have consistently been convicted and were only released after extensive diplomatic negotiations. A Japanese diplomatic source in Beijing said, “One of the Japanese ambassador’s primary duties is regular visitation with Japanese nationals detained on espionage charges.”
One prominent case involved a senior executive from Astellas Pharma’s Chinese branch, who was detained last year after over two decades in China. The executive, a well-connected figure who served as a vice chair at the Japanese Chamber of Commerce and Industry in China, was taken into custody in March 2023. The following month, Japan’s Foreign Minister Yoshimasa Hayashi visited Beijing to request his release in a meeting with then-Chinese Foreign Minister Qin Gang. However, Chinese authorities only reiterated that the case would be “handled according to the law.” High-level Chinese officials reportedly pressed Hayashi to focus on building “a new era of Sino-Japanese relations” amid ongoing tensions in the East China Sea over the Senkaku Islands, known in China as Diaoyu Islands.
Even foreign diplomats are not immune to China’s anti-espionage law. In February last year, a Japanese diplomat dining with a Chinese journalist under suspicion of espionage was forcibly taken to a hotel room for questioning.
Although official figures are not disclosed, reports indicate that the anti-espionage law has also been applied to citizens from other Western countries. Earlier this year, China’s Ministry of State Security announced that British businessman Ian J. Stones, who had worked in China for 45 years, was sentenced to five years in prison on espionage charges for allegedly selling information overseas. This news was made public months after his trial concluded, with some speculating it was intended to divert attention from a simultaneous Chinese spy scandal in the U.K., where British authorities were investigating a parliamentary researcher for espionage. Additionally, Chinese-Australian journalist Cheng Lei, detained on espionage charges for three years, was released in June as relations between China and Australia improved.
Observers suggest that China could leverage the growing complexity of Sino-South Korean relations, including issues over North Korea and recent trilateral cooperation with the U.S. and Japan, by detaining South Korean citizens as “diplomatic hostages” to influence policy shifts or extract favorable concessions. Some analysts note that this incident suggests a break from China’s previous reluctance to detain South Korean technical experts or highly skilled personnel, reflecting a broader shift toward reducing its dependence on South Korean advanced technology. An industry expert in Beijing commented, “South Korean tech professionals may consider a boycott of China, but Chinese authorities’ application of the anti-espionage law shows they’re willing to risk it.”
China’s anti-espionage law also has the side effect of expanding surveillance and control over Chinese citizens working with foreign firms. For example, in December last year, Emily Chen, a Chinese national in her 50s with prior employment at a U.S. company, was detained on espionage charges. Chen disappeared while passing through Nanjing Lukou International Airport en route to China from Doha, Qatar. Her husband, American citizen Mark Lent, said Chen had messaged her family upon landing but failed to emerge from the airport.
