Intelligence agents found leaking national secrets, compromising intelligence sources or the identity of fellow agents would face a sentence of between one and seven years in jail, if the draft bill of the National Intelligence Services Act (國家情報工作法) becomes law.
The bill, approved by the Executive Yuan yesterday, will proceed to the Legislative Yuan for further review and final approval.
According to Cabinet Spokesman Lin Chia-lung (林佳龍), the law is designed to protect intelligence services, safeguard national security and interests, and protect the rights and interests of the people.
"Intelligence services can help the government prevent and combat crimes, especially during the post-Cold War era and in a time of globalization, where national security is threatened by terrorism and intercontinental crime syndicates," Lin said.
Lin said the draft is in response to the leaks of classified information by former National Security Bureau (NSB) chief cashier Liu Kuan-chun (
Liu, who fled the country in September 2000, allegedly embezzled NT$190 million from a secret NSB fund he had been assigned to handle. He reportedly leaked the information to Next magazine and the China Times.
Under the draft, those found leaking national secrets, the source of intelligence or the identity of intelligence agents would face a sentence of between one and seven years.
Those who leak national secrets and cause the death or captivity of other people would face a sentence of between three and 10 years.
Those unintentionally leaking national secrets and causing death or captivity of other people involved would face a sentence of up to three years and a fine of up to NT$500,000.
Intelligent agents would be required to remain politically neutral and would be banned from assuming positions in political parties or groups.
They would be allowed to use electronic devices, satellites, video cameras and bugging devices to gather information.
Intelligence agencies, if necessary, could establish institutions to act as fronts or forge fake identification for the special agent.
According to the draft, the government should try its best to help special agents who have lost their liberty in the line of duty. The government should also provide compensation should the agent be injured, lose his or her life or become engaged in a lawsuit.
The bill states that the results of intelligence-gathering activities would be presented to the National Security Council on an annual basis. The annual report could also be submitted to the presidents of the Executive Yuan, Legislative Yuan, Judicial Yuan, Control Yuan and Examination Yuan.
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