Mainland Affairs Council Minister Chiu Tai-san (邱太三) recently told reporters that in the post-COVID-19 pandemic period, a range of cross-strait exchanges would slowly be restored, and that prioritizing a return to normality and order to the exchanges was an opportunity for Taiwan to “right the ship.”
For example, Chinese businesspeople could be allowed to apply for visas for Taiwan again, and tourist and educational exchanges could be reinstated.
Chiu reiterated that it was an opportunity to increase the number of exchanges, and to examine the situation that led to the breakdown in exchanges.
A increase in exchanges would succeed or fail depending on communication between the two sides, he said, adding that it would be on Taiwan to take the initiative.
The question is: Has Taiwan prepared well enough for the restoration of exchanges?
Senior national security officials two years ago warned that intelligence from within Taiwan and overseas was overwhelmingly telling the nation that “the enemy is already among us,” and that “given the complicated circumstances in which we find ourselves, Taiwan is currently facing some serious challenges.”
Despite the unity among those hoping to resist China, and although pro-China elements retreated to lick their wounds after the presidential election last year, Taiwan has been knocked back by the outbreak of the pandemic.
Even though Taiwan has so far done well in keeping COVID-19 under control, Beijing has continued to increase military pressure.
With wave after wave of threats and intimidation from across the Taiwan Strait, not only is it clear that the crisis the officials warned of two years ago persists, the situation is continuing to deteriorate.
When the officials spoke of “complicated circumstances” and of the enemy already being among us, they were saying that China has for quite some time been infiltrating Taiwan under the cover of the exchanges.
Ever since former president Ma Ying-jeou (馬英九) flung open the doors to China, all manner of forces hostile to Taiwan have been allowed to make headway into the nation. After President Tsai Ing-wen (蔡英文) took office, Beijing started exploiting Taiwan’s open and democratic system to infiltrate the nation.
Earlier this month, China Innovation Investment Ltd (中國創新投資) executive director Xiang Xin (向心) and his wife, Kung Ching (龔青), were charged with setting up an intelligence organization in Hong Kong. The case, related to self-professed Chinese spy William Wang Liqiang (王立強), made headlines just before the presidential election, leading to an investigation by Taiwanese prosecutors.
This investigation brought to the fore potential loopholes in the mechanisms Taiwan has to safeguard its democracy.
Xiang was born in China, but obtained permanent residency in Hong Kong and exploited the special entry conditions for residents of the territory to make frequent visits to Taiwan — in some cases as many as three or four times per month — declaring that he entered the nation as a tourist.
There is nothing new about Beijing exploiting the special treatment given to Hong Kong by other countries to infiltrate them.
However, after the case broke, Taiwan’s security agencies began to fully appreciate that the entry regulations for tourists from Hong Kong can be misused.
Now that Beijing is exerting pressure on the former British colony — while Taiwan is offering support for Hong Kongers’ struggle for democracy — the nation has had its eyes opened to the possibility that its preferential treatment of the territory could be used against Taiwan, and the government should review whether more restrictions should be implemented.
There are also concerns that Taiwan’s mechanisms for safeguarding its democracy are inadequate.
Last year, Lam Wing-kei (林榮基), a former manager of Hong Kong’s Causeway Bay Books, was assaulted by three men who spattered him with paint near the site of the bookstore he was soon to open in New Taipei City.
The original sentences for the men of three to four months in jail were criticized as being too light, showing that Taiwan’s laws have no teeth.
Although the Taiwan High Court later extended the sentences to six to eight months in jail, legal circles remain concerned that sentencing standards in such cases do not allow judges to hand down jail terms that would act as a deterrent.
After all, it is established practice for hostile foreign actors to engage Taiwanese if they wish to stir up trouble in the nation. This form of infiltration should be approached from a national security perspective: It would surely not be too demanding of resources to nip this practice in the bud.
Several legislators have proposed amendments to the Anti-infiltration Act (反滲透法), to expand the Criminal Code and to make sentences for such acts 50 percent heavier.
However, the Anti-infiltration Act is primarily aimed at preventing infiltration at times of major elections or referendums, and concentrates on punishing illegal activity after the damage has been done, and so only has limited preventative effect.
Legal experts are advocating the introduction of foreign agent registration laws, which are in place in democratic countries such as Australia, demanding transparency of registered agents’ movements, funding and personnel, with the aim to shrink the gray area in which they operate.
Taiwan’s diversity and openness has made it something of a military training ground for China.
It is common for Chinese civic organizations, business groups, schools, educational groups, gangs and temples to engage in pro-communist activity, acting as collaborators “on the ground.”
When the idea of a foreign agent registration law was put forward in 2019, the Democratic Progressive Party passed the Anti-infiltration Act instead, with last year’s presidential election in mind.
The two laws would be complementary, and if this can be done elsewhere and as it is beneficial for democracy, Taiwan should finish the job it has started.
Tsai has stressed the need to establish a protective net to safeguard Taiwan’s security, but infiltration remains a problem.
For more than a year, the pandemic has limited cross-strait exchanges, but China’s disinformation campaign and military intimidation have continued to increase.
Local collaborators have said that they are establishing pro-communist teams in Taiwan, speaking of a “frontline uprising” and putting the authorities’ ability to deal with the situation to the test.
It is imperative that Taiwan bolsters its mechanisms to safeguard democracy when cross-strait exchanges resume in the post-pandemic era.
For a long time, there have been discussions concerning how robust Taiwan’s laws are, and the nation should use the pause forced by the pandemic to review and adjust them to the situation.
In this crucial area, the government must redouble its efforts and take responsibility.
Translated by Paul Cooper
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