The Taiwan High Court yesterday upheld a ruling by a lower court that sentenced a former Chinese People’s Liberation Army (PLA) officer last year to four years in prison for alleged violation of the National Security Act (國家安全法).
In September last year, the Taipei District Court found Zhen Xiaojiang (鎮小江), a retired PLA captain, guilty of setting up a spy ring in Taiwan.
Zhen, based in Xiamen, China, was found to have traveled to Taiwan frequently after he acquired Hong Kong residency in 2005.
Traveling on a tourist visa, Zhen set up the espionage ring by recruiting retired and active Taiwanese military officers to collect secret military intelligence, according to the district court.
Retired Republic of China Army major-general Hsu Nai-chuan (許乃權) who once ran unsuccessfully for the post of Kinmen county commissioner, was also given a three-year jail term at the district court in relation to the case.
Hsu is the highest-ranking army officer in Taiwan to be prosecuted for an offense against national security.
The Taiwan High Court yesterday reduced the sentence for Hsu to two years and 10 months.
Teng Chen-chiu (鄧振球), the presiding High Court judge, said that although Hsu was found guilty of helping Zhen expand his spy network by introducing other retired and serving military officers, his conduct could only be determined as an “attempt” — an offense that occurs when a person comes dangerously close to carrying out a criminal act and intends to commit the act, but does not commit it.
As for Zhen, the court found that the number of criminal acts involving the Chinese national was higher than those unearthed in the first trial, Teng said.
However, thanks to Zhen’s confession and cooperation with the trial proceedings, the court decided to retain the original sentence, he said.
The ruling can be appealed.
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