Those convicted of engaging in acts of terrorism could face the death penalty, according to the draft bill of the anti-terrorism act (
They could, however, have their sentence reduced or revoked if they turn themselves in and provide information leading to the stoppage of the acts of terrorism.
If approved by the legislature, the draft will also empower the National Security Bureau to intercept wire, oral and electronic communications. The bureau could authorize the installation and use of trap and trace devices anywhere in the country in the course of a criminal investigation.
According to a Cabinet official who asked not to be named, the draft was drawn up to keep in line with the global ethos of anti-terrorism, especially after the Sept. 11 terrorist attack in the US.
"Although we're not a member of the United Nations, we, as a part of the global community, have been making tremendous efforts to abide by the UN conventions and safeguard international peace," the official said. "In addition to taking all effective measures, including enacting a new law, to prevent and punish acts of terrorism, we'd also like to cooperate with other countries in this regard."
Under the Cabinet's draft, an anti-terrorism action team should be established under the Cabinet to coordinate the nation's anti-terrorism efforts.
"Acts of terrorism" are defined as activities committed to cause death or serious bodily injury relating to arson, bombing, kidnapping, hijacking or controlling public or private transportation vehicles, vessels and aircraft; interfering and sabotaging electronic, energy or computer systems; or emitting nuclear energy, radioactivity, biological agent or toxin.
A "terrorist organization" is defined as a group of two or more individuals engaging in terrorist activities or providing material or financial support to further a terrorist activity.
A "terrorist" is an individual partaking in terrorist activities or funding a terrorist organization.
Terrorists convicted of engaging in terrorist activities and causing the death of other persons would be subject to an imprisonment for a term greater than 10 years, a life sentence or a death penalty.
Those turning themselves in and providing information leading to the breaking up of terrorist organizations, arrest of terrorists or stoppage of terrorist activities could have their sentences reduced or annulled.
Those confessing during the investigation or trial process and providing information leading to the breaking up of terrorist organizations, arrest of terrorists or stoppage of terrorist activities could have their sentences lessened.
A jail term of up to five years and a fine of up to NT$100 million could be imposed on those convicted of conspiring in terrorist activities. Those providing or soliciting funds to further a terrorist activity would be subject to a jail term of between one and seven years and a fine of up to NT$10 million.
The draft would also empower the director of the NSB to issue a warrant to intercept wire, oral, and electronic communications. The bureau has to obtain the consent of the Supreme Court to authorize the installation and use of trap and trace devices in the course of a criminal investigation if the person under surveillance has a domestic household registry record.
To combat money laundering, government agencies concerned could freeze or seize the chattel, real estate and other property of value of the suspected terrorist when authorities have reasonable grounds to believe that such a measure could prevent or impede the occurrence of a terrorist activity. The period could not, however, exceed one month and could be extended for another month if necessary.
Authorities could also freeze all transactions of the suspected terrorist's bank account. The maximum period was six months.
Telecommunication companies would be required to disclose communication information relating to a terrorist activity to intelligence agencies. The communication records should be kept for 90 days and could be extended for another 90 days if necessary.
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