Following violence allegedly caused by Chinese Unity Promotion Party (CUPP) members at a music festival in Taipei and lenient punishments given to Chinese intelligence agents, Democratic Progressive Party (DPP) lawmakers yesterday proposed amending the Criminal Code to allow for treason charges against people spying for China and criminal organizations working for Beijing.
Treason charges are rarely brought against suspects due to political reasons.
Despite incriminating evidence, the judiciary usually cites the National Security Act (國家安全法) to charge intelligence operatives and avoids citing offenses against the internal and external security of the state stipulated in the Criminal Code, because the offenses are only applicable to crimes committed for an “enemy state,” DPP Legislator Wang Ding-yu (王定宇) said.
Photo: CNA
While Chinese intelligence activities have been increasing in Taiwan, China does not fall into the category of an “enemy state,” or even a state, as the Constitution recognizes China as “the mainland area,” Wang added.
A person can be sentenced to death or life in prison if convicted of treason and they can be imprisoned from three to 10 years for attempted treason according to the Criminal Code, but the judiciary can only cite the National Security Act, which stipulates a minimum sentence of five years, he said.
The legal complication has led to lenient punishments for people convicted of spying for China, including former Chinese People’s Liberation Army intelligence officer Zhen Xiaojiang (鎮小江), who was sentenced to only four years in prison for organizing the largest Chinese spy ring in Taiwan, he said.
Wang proposed amending the Criminal Code to change the term “enemy state” to “enemy” to circumvent the political implications.
“The amendment does not deal with the issue of unification and independence, because the national identification issue cannot deprive the law of the ability to protect the nation,” Wang said.
The amendment was proposed based on the Criminal Code of the Armed Forces (陸海空軍刑法), which stipulates that any collusion with an “enemy group” can constitute treason, Wang said.
The Chinese Nationalist Party (KMT) has obstructed his proposals seven times, he said, calling on the KMT to endorse the latest draft amendment.
The treason laws, when amended, could also be applied to any “criminal organization disguised as a political party in collusion with China,” DPP Legislator Chen Ming-wen (陳明文) said, pointing to the CUPP.
The violence caused by CUPP members after Sunday’s “Sing! China: Shanghai-Taipei Music Festival” at National Taiwan University was the latest incident in a series of violent act by pro-unification groups with a background in organized crime, which intend to destabilize Taiwanese society to pave the way for a Chinese military intervention, Chen said.
Citing statistics from national security agencies, Chen said that 100,000 Chinese tourists have entered Taiwan with hidden agendas and about 10,000 of them have helped with Beijing’s intelligence operations.
Those operatives have worked with local organized crime groups to smuggle light weapons into Taiwan, he said, calling on law enforcement agencies to crack down on such activities.
“The amendment is not aimed at restarting the White Terror era or an espionage act [with unchecked power],” DPP Legislator Lo Chih-cheng (羅致政) said. “The amendment would build up psychological defenses as the foundation of national defense.”
The US has planned to sell top-grade weapons to Taiwan, but has not done so, because the Pentagon believes that Taiwan’s counterintelligence measures and psychological defenses are insufficient, and the amendment would serve to declare Taiwan’s determination to defend itself, Lo said.
Taiwan is projected to lose a working-age population of about 6.67 million people in two waves of retirement in the coming years, as the nation confronts accelerating demographic decline and a shortage of younger workers to take their place, the Ministry of the Interior said. Taiwan experienced its largest baby boom between 1958 and 1966, when the population grew by 3.78 million, followed by a second surge of 2.89 million between 1976 and 1982, ministry data showed. In 2023, the first of those baby boom generations — those born in the late 1950s and early 1960s — began to enter retirement, triggering
ECONOMIC BOOST: Should the more than 23 million people eligible for the NT$10,000 handouts spend them the same way as in 2023, GDP could rise 0.5 percent, an official said Universal cash handouts of NT$10,000 (US$330) are to be disbursed late next month at the earliest — including to permanent residents and foreign residents married to Taiwanese — pending legislative approval, the Ministry of Finance said yesterday. The Executive Yuan yesterday approved the Special Act for Strengthening Economic, Social and National Security Resilience in Response to International Circumstances (因應國際情勢強化經濟社會及民生國安韌性特別條例). The NT$550 billion special budget includes NT$236 billion for the cash handouts, plus an additional NT$20 billion set aside as reserve funds, expected to be used to support industries. Handouts might begin one month after the bill is promulgated and would be completed within
NO CHANGE: The TRA makes clear that the US does not consider the status of Taiwan to have been determined by WWII-era documents, a former AIT deputy director said The American Institute in Taiwan’s (AIT) comments that World War-II era documents do not determine Taiwan’s political status accurately conveyed the US’ stance, the US Department of State said. An AIT spokesperson on Saturday said that a Chinese official mischaracterized World War II-era documents as stating that Taiwan was ceded to the China. The remarks from the US’ de facto embassy in Taiwan drew criticism from the Ma Ying-jeou Foundation, whose director said the comments put Taiwan in danger. The Chinese-language United Daily News yesterday reported that a US State Department spokesperson confirmed the AIT’s position. They added that the US would continue to
The National Development Council (NDC) yesterday unveiled details of new regulations that ease restrictions on foreigners working or living in Taiwan, as part of a bid to attract skilled workers from abroad. The regulations, which could go into effect in the first quarter of next year, stem from amendments to the Act for the Recruitment and Employment of Foreign Professionals (外國專業人才延攬及僱用法) passed by lawmakers on Aug. 29. Students categorized as “overseas compatriots” would be allowed to stay and work in Taiwan in the two years after their graduation without obtaining additional permits, doing away with the evaluation process that is currently required,
RSS