Are national security rules secure?

Shortly after his retirement from the National Security Bureau (NSB), Major General Pan Hsi-hsien (潘希賢), the bureau's former personnel chief, left Taiwan to take up a position in China with the subsidiary of a Taiwanese firm. Initially, the incident merely exposed the flaws in implementing Taiwan's national security measures. However, Pan's detainment by Beijing authorities has highlighted the safety problems facing Taiwanese businessmen in China.

Over time, the Chinese government has gotten into the practice of labeling Taiwan businessmen as "Taiwanese spies" to justify its invasion of these individuals' personal liberty and safety. The return of Pan appears especially urgent, in view of this emerging practice.

Reportedly, Pan told the media that he had "erroneously entered the bandit-region" (誤入匪區) because he was unfamiliar with Taiwan's relevant laws and restrictions. How is it possible that a senior NSB official, in particular a personnel supervisor, could be ignorant of the legal prohibition against administrative and intelligence officials going to China within three years of their leaving such sensitive jobs?

Pan's account is hardly believable. In reality, the restrictions are virtually unenforceable and have become nothing more than a basis for appeals to an indivi-dual's conscience.

Article 9 of the "Statute Governing Relations Between The People On The Two Sides of The Taiwan Strait" (兩岸人民關係條例) stipulates that Taiwanese should apply to the relevant Taiwan authorities for permission to enter China. The Ministry of the Interior (MOI) is in charge of drafting the regulations governing the issuance of permission.

Article 15 of the "Regulation For Citizens In The Taiwan Area To Apply For Permission To Enter The Mainland Area" (台灣地區人民進入大陸地區許可辦法) stipulates that applications from administrative, intelligence and national defense officials must be reviewed by a committee of officials from the MOI, NSB, Ministry of Justice and Mainland Affairs Council.

Since those who violate the regulation might lose their government positions, the rule naturally has a lot more force with incumbent civil servants than with retirees or those who have left their sensitive jobs. Those who have already left their government jobs face little risk of detection by the relevant security authorities if they enter China via a third country. Should they be caught, they merely face a fine of between NT$20,000 and NT$100,000. As the fines are an ineffective deterrent, the restriction is virtually unenforceable.

According to the regulations, an administrative or intelligence official has two weeks after his or her departure from a government position to notify the Bureau of Immigration (境管局) of an intended departure from Taiwan, leaving a two-week gap before the bureau learns about the trip.

Pan retired from military service on June 1 and left for China on June 4 via Hong Kong. Obviously, he entered the "bandit region," not because he was ignorant of the regulations, but because he knew enough to enter China before the Bureau of Immigration learned about his retirement. The ineffectiveness of fines and the time lag make it hard to stop those who intentionally plan to violate the rules. Under the circumstances, it seems quite clear how existing regulations and law should be amended to address these problems.