Photo/Illutration Chinese foreign ministry spokesperson Mao Ning speaks during a news conference at the Ministry of Foreign Affairs in Beijing on Aug. 19. (AP Photo)

A Japanese executive of the Chinese unit of major drugmaker Astellas Pharma Inc. who has been detained in China on suspicion of espionage since March last year was indicted in mid-August.

China has not disclosed which Chinese law the employee has violated and his detention is expected to be prolonged even further.

Taken by a major power that claims its commitment to the rule of law, the judicial action is characterized by a total lack of transparency and a blatant disregard for human rights.

This employee was detained in Beijing in March of last year, just before returning home after completing his stint in the country.

He was interrogated under house arrest and formally arrested in October. Even if conducted in accordance with Chinese law, the inordinate length of time leading to the indictment is, in itself, an anomaly.

Moreover, the Chinese government has offered little information about this case, with the foreign ministry only stating that the employee was "suspected of engaging in espionage activities" without providing detailed explanations of the specific legal issues involved.

Even if the case is related to state secrets, this excessive and opaque exercise of power cannot be justified.

This incident has delivered an enormous shock to Japan's business community.

The Chinese government’s claim that those engaged in normal business activities need not worry does little to reassure companies that have been alarmed by the case and are becoming wary of its implications for their businesses.

Companies are seriously concerned because the scope of what can be suspected of espionage has expanded and become increasingly ambiguous.

China's anti-espionage law was amended last year to expand the definition of acts of espionage to include the theft or provision of not only "state secrets" but also "documents and data related to national security and interests.”

However, what constitutes "national security and interests" remains unclear.

In addition, a provision took effect in July allowing "state security agencies to inspect electronic devices" in the implementation of the amended law. Concerns are growing among businesspeople that computers and smartphones could be searched upon entering China.

This incident is by no means unrelated to the Xi Jinping administration's stance of excessively emphasizing "national security."

While laws to prevent espionage may be necessary, it is essential to clearly and explicitly enumerate specific acts that are deemed spying and disclose them to the international community to prevent arbitrary enforcement.

Respecting human rights is also a minimum duty for China as a major power that has achieved development and economic growth in conjunction with the global economy.

Policy actions that intimidate foreign companies will only make it harder for the country to pursue further economic development.

Recently, the relationship between the Japanese and Chinese governments has been at a standstill. The scarcity of high-level diplomatic interactions such as summit and foreign minister meetings may have contributed to the difficulty in resolving the situation.

While the venue of this incident shifts to the courtroom, the Japanese government should carefully consider what type of involvement would secure the employee's early release.

--The Asahi Shimbun, Aug. 23

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