The Legislative Yuan yesterday approved punitive sentences of up to seven years in prison for people convicted of intentionally damaging undersea cables or pipelines, while the vessels involved could be confiscated.
Earlier this year, the captain of the Chinese-crewed freighter Hong Tai 58 (宏泰58) was sentenced to three years in prison under the Telecommunications Management Act (電信管理法) for intentionally damaging the Taiwan-Penghu No. 3 undersea cable.
Prosecutors said the law should be amended to increase the severity of the punishment for the crime.
Photo: Lo Pei-de, Taipei Times
The Executive Yuan on Sept. 18 put forth amendments to seven laws to protect critical underwater infrastructure: the Telecommunications Management Act, the Water Supply Act (自來水法), the Electricity Act (電業法), the Natural Gas Enterprise Act (天然氣事業法), the Meteorological Act (氣象法), the Commercial Port Law (商港法) and the Law of Ships (船舶法).
The penalties would apply to damage to water and natural gas pipelines, and submarine cables.
They also include provisions for confiscating vessels used in such crimes, and requiring all ships to keep their automatic identification systems on or face penalties.
The legislature approved part of the Executive Yuan’s proposed amendments to the Electricity Act, the Natural Gas Enterprise Act and the Water Supply Act.
The amendments stipulate that unlawfully damaging undersea water pipes or power cables that ensure normal water supply and electricity is punishable by one to seven years in prison and a fine of up to NT$10 million (US$320,359).
Negligent offenses would be handled according to the Telecommunications Management Act, and are punishable by up to six months in prison, detention or a fine of up to NT$2 million.
In addition, any tools, vessels or equipment used in committing an offense could be confiscated and disposed of, regardless of ownership, to prevent repeat offenses.
The legislature also passed a resolution requiring the Ministry of the Interior to publish maps of undersea pipes and cables before changes to the seven laws take effect.
This is to ensure information transparency to avoid offenders from claiming they were not aware of cable and pipeline locations, clarify intent or negligence, improve public understanding to avoid contraventions, and support law-enforcement and investigative efforts, legislators said.
In other news, opposition lawmakers yesterday again blocked the Executive Yuan’s proposed special defense budget and amendments to the Act Governing the Allocation of Government Revenues and Expenditures (財政收支劃分法) from moving forward.
The Cabinet on Nov. 27 proposed a NT$1.25 trillion special defense budget, but Chinese Nationalist Party (KMT) and Taiwan People’s Party lawmakers at a meeting of the Procedure Committee on Tuesday last week prevented it from being sent to committees for review.
The Democratic Progressive Party (DPP) caucus suggested including the bills on the Legislative Yuan’s agenda on Friday.
The opposition is blocking the funding allocation bill simply to “grab funds” and weaken national governance, DPP Legislator Fan Yun (范雲) said, adding that the proposed changes had been discussed with local governments.
Moreover, contrary to the opposition’s claims of overspending, the proposed NT$1.25 trillion defense budget would be spread over eight years, or slightly more than NT$150 billion per year, Fan said..
If the opposition has any serious objections, they should be discussed in committee meetings, instead of effectively denying the bills even a first reading, she said.
The DPP is the one blocking the defense budget, and President William Lai (賴清德) does not even have the courage to report or answer questions in the legislature, KMT caucus secretary-general Lo Chih-chiang (羅智強) said.
Lai has said that he is open to presenting a report in the legislature as long as it conforms with the law.
The DPP has said that the opposition’s demands for an impromptu question-and-answer session are unconstitutional given the separation of powers among the branches of government.
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