Draft amendments to allow people accused of spying for China to be indicted on foreign aggression charges and to allow political parties to be indicted on organized crime charges was approved yesterday by the legislature’s Judiciary and Organic Laws and Statutes Committee.
Prosecutors have traditionally cited the National Security Act (國家安全法) when indicting alleged Chinese spies because the treason and foreign aggression offenses stipulated in the Criminal Code only apply to crimes committed on behalf of an “enemy state.”
However, convictions under the National Security Act are subject to a maximum sentence of five years in prison, which is seen as too lenient for people working for China.
Democratic Progressive Party (DPP) Legislator Wang Ding-yu (王定宇) proposed amending the Criminal Code to make the foreign aggression charges applicable to crimes committed by an “enemy” in addition to an “enemy state.”
A conviction for treason or foreign aggression would be punishable by life imprisonment or death, while those found guilty of attempted treason or foreign aggression would face a prison sentence of three to 10 years.
The amendment is to undergo cross-caucus negotiations before being reviewed by a plenary session.
The definition of “enemy” was taken from 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.
“Treason and foreign aggression offenses have never been filed ... since they were enacted because of complications involving the nation’s status. The amendment aims to put aside controversies and make the law applicable,” Wang said.
Retired vice admiral Ko Cheng-sheng (柯政盛) was sentenced to just 14 months in prison for helping China set up a spy ring of other navy officers since the Criminal Code does not address Chinese espionage cases, and the amendment would close this loophole, Wang said.
The Ministry of Justice has voiced concern about possible confusion over the terms “enemy” and “enemy state” in the Criminal Code, and said it was working to amend the National Security Act to increase the penalties for treason.
However, the ministry’s plan is for an amendment that would only apply to crimes committed for a state or a terrorist group, thereby sidestepping defining China’s relation to Taiwan, Deputy Minister of Justice Tsai Pi-chung (蔡碧仲) said.
Chinese Nationalist Party (KMT) Legislator John Wu (吳志揚) said Wang’s amendment was basically directed against China, adding that the Mainland Affairs Council said the use of “enemy” and the indictment of Chinese intelligence operatives on foreign aggression charges would affect cross-strait relations.
The committee also approved an amendment proposed by Wang to the Organized Crime Prevention Act (組織犯罪條例) to change the legal definition of organized criminal organizations from “permanent and profit-seeking” groups to “permanent or profit-seeking.”
The proposed amendment follows several violent incidents involving members of the China Unification Promotion Party and its affiliates, which are not profit-oriented groups.
DPP Legislator Tsai Yi-yu (蔡易餘) said that while there has been an increase in fraud cases, there has been a decrease in convictions on organized crime charges, which shows that it is difficult to apply the Organized Crime Prevention Act to such crimes.
The amendment would also require stringent witness protection measures to encourage people to testify, while witnesses who are overseas would be allowed to testify via video interviews.
ROLLER-COASTER RIDE: More than five earthquakes ranging from magnitude 4.4 to 5.5 on the Richter scale shook eastern Taiwan in rapid succession yesterday afternoon Back-to-back weather fronts are forecast to hit Taiwan this week, resulting in rain across the nation in the coming days, the Central Weather Administration said yesterday, as it also warned residents in mountainous regions to be wary of landslides and rockfalls. As the first front approached, sporadic rainfall began in central and northern parts of Taiwan yesterday, the agency said, adding that rain is forecast to intensify in those regions today, while brief showers would also affect other parts of the nation. A second weather system is forecast to arrive on Thursday, bringing additional rain to the whole nation until Sunday, it
LANDSLIDES POSSIBLE: The agency advised the public to avoid visiting mountainous regions due to more expected aftershocks and rainfall from a series of weather fronts A series of earthquakes over the past few days were likely aftershocks of the April 3 earthquake in Hualien County, with further aftershocks to be expected for up to a year, the Central Weather Administration (CWA) said yesterday. Based on the nation’s experience after the quake on Sept. 21, 1999, more aftershocks are possible over the next six months to a year, the agency said. A total of 103 earthquakes of magnitude 4 on the local magnitude scale or higher hit Hualien County from 5:08pm on Monday to 10:27am yesterday, with 27 of them exceeding magnitude 5. They included two, of magnitude
CONDITIONAL: The PRC imposes secret requirements that the funding it provides cannot be spent in states with diplomatic relations with Taiwan, Emma Reilly said China has been bribing UN officials to obtain “special benefits” and to block funding from countries that have diplomatic ties with Taiwan, a former UN employee told the British House of Commons on Tuesday. At a House of Commons Foreign Affairs Committee hearing into “international relations within the multilateral system,” former Office of the UN High Commissioner for Human Rights (OHCHR) employee Emma Reilly said in a written statement that “Beijing paid bribes to the two successive Presidents of the [UN] General Assembly” during the two-year negotiation of the Sustainable Development Goals. Another way China exercises influence within the UN Secretariat is
Taiwan’s first drag queen to compete on the internationally acclaimed RuPaul’s Drag Race, Nymphia Wind (妮妃雅), was on Friday crowned the “Next Drag Superstar.” Dressed in a sparkling banana dress, Nymphia Wind swept onto the stage for the final, and stole the show. “Taiwan this is for you,” she said right after show host RuPaul announced her as the winner. “To those who feel like they don’t belong, just remember to live fearlessly and to live their truth,” she said on stage. One of the frontrunners for the past 15 episodes, the 28-year-old breezed through to the final after weeks of showcasing her unique