Democratic Progressive Party (DPP) legislators on Friday criticized prosecutors for not proceeding with a case against a Hong Kong couple who allegedly conspired with Chinese intelligence, saying that the outcome did not conform to public expectations.
China Innovation Investment CEO Xiang Xin (向心) and his wife, Kung Ching (龔青), were detained at Taoyuan International Airport ahead of a flight to Hong Kong on Nov. 24, 2019, on suspicion that they breached Taiwan’s National Security Act (國家安全法).
The Taipei District Prosecutors’ Office on Friday said that it would not indict the couple, citing a lack of evidence.
Prosecutors said that the records did not show sufficient evidence of collaboration with Chinese intelligence, and that requests made to Chinese authorities for more information went unanswered.
However, money laundering allegations against the couple are still being investigated, and they remain barred from leaving the country, the office said.
DPP legislators Wang Ting-yu (王定宇) and Lo Chih-cheng (羅致政) on Friday said the decision by prosecutors was “unacceptable,” and they questioned whether prosecutors were capable of handling cases related to national security.
The legislators said that the government should establish a division of prosecutors and judges to specifically handle such cases.
Lo said that prosecutors demonstrated a lack of professional judgement in requesting information from China on a case related to Chinese intelligence activity.
“We need to completely rethink the prosecutorial system and judiciary. These cases are not typical criminal cases,” Lo said. “Prosecutors do not have the background in intelligence matters needed to investigate these cases properly.”
Wang said that despite efforts by lawmakers to amend laws related to China and national security, prosecutors were “not on guard against Chinese infiltration,” and were being lenient in cases involving alleged cooperation with Chinese authorities in activities that could harm Taiwan.
“I would like to see the Ministry of Justice and the Judicial Yuan improve the way national security cases are handled,” Wang said. “Otherwise they will lose the trust of the taxpayers.”
New Power Party Legislator Chiu Hsien-chih (邱顯智) took a different perspective, saying the outcome highlighted the fundamental differences between China and a rule-of-law country like Taiwan.
“In Taiwan, the judiciary puts emphasis on evidence and testimony. It is not like China where someone came be framed for a crime they did not commit,” Chiu said. “We do not detain people and force them into false confessions.”
However, Taiwanese investigators lack an ability to gather evidence and information, he said.
The judiciary should improve investigation processes for cases involving national security, science and technology, he added.
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