HK agents risk losing Taiwan status
CALL FOR NEW MEASURES: Transnational repression should not just be treated as violation of individual rights, but as offenses against national interests, an official said
By Chen Yu-fu and Fion Khan / Staff reporter, with staff writer
Any Hong Kongers who collaborate with China to carry out transnational repression in Taiwan would have their Taiwanese citizenship or residency revoked, an official familiar with the matter said yesterday.
The comment came after the Taipei District Prosecutors’ Office on Oct. 7 issued arrest warrants for two Hong Kongers, who allegedly in 2024 hired a Taiwanese private investigation agency to surveil Democratic Progressive Party (DPP) Legislator Puma Shen (沈伯洋).
Two Taiwanese private investigators, Cheng Yung-chin (鄭永津) and Hsieh Yi-chen (謝乙辰), were indicted on charges of illegally collecting and using personal data under the Personal Data Protection Act (個人資料保護法), alongside two employees, Chiang Wen-hsin (江文鑫) and Hou Kai-han (侯凱瀚), over the surveillance of Shen, the DPP’s Taipei mayoral candidate in next month’s local elections.
A Hong Kong flag flutters on a vessel at Victoria Harbour in Hong Kong on Aug. 30 last year.
Photo: Reuters
Cheng was allegedly hired by Hong Kongers Kuk Kok-yin (鞠覺賢) and Lam Hing (林慶) on Sept. 5, 2024.
The suspects allegedly recorded Shen’s and his family’s movements from Oct. 1 to Nov. 8, 2024, and sent the footage via Telegram to Cheng, who forwarded it to Kuk, prosecutors said.
The suspects ran into difficulties tailing Shen because of his bodyguards, investigators found, adding that Kuk and Lam, flew to Taiwan to allegedly oversee the operation, and discuss surveillance tactics with the investigators.
Kuk and Lam entered Taiwan multiple times starting in September 2024, but are not currently in the country, prosecutors added.
The official, speaking on condition of anonymity, said the two Hong Kongers were not residing in Taiwan, but they allegedly committed a crime in the nation, which appeared to have been directed as part of a systematic campaign of transnational repression.
While arrest warrants have been issued for the two suspects, judicial cooperation between Taiwan and Hong Kong has almost frozen, making the case difficult to prosecute, they said, adding that the Hong Kong government is unlikely to extradite the suspects.
The priority is to quickly apprehend the suspects, they said, adding that securing arrests was crucial in cases of Chinese transnational repression.
The government aims to establish a system that would ensure swift arrest and severe sentences as a countermeasure, they said.
That would require rapid communication and coordination among government agencies to ensure a timely response to transnational repression, they said.
Close cooperation among police, prosecutors and judicial authorities is also required to quickly investigate crimes, track suspects and arrest them before they leave Taiwan, they added.
The Ministry of Justice is considering amendments to the Anti-Infiltration Act (反滲透法) to increase penalties, they said.
If acts of transnational repression orchestrated by the Chinese Communist Party continued to be prosecuted under ordinary laws, the penalties would be too lenient, the official said.
Citing the attack on Japanese political commentator Akio Yaita in July as an example, the official said the assailant, who allegedly punched Yaita in the face, was also a Hong Konger.
Prosecutors on Oct. 6 indicted Liao Gangfa (廖港發), 33, on charges of assault, public insult and participation in a criminal organization, seeking a five-year prison sentence.
The official also cited a case in which China allegedly dispatched a female real-estate agent to follow and collect information about President William Lai’s (賴清德) family members in the US.
While such offenses carry severe penalties in the US, Taiwan lacks a dedicated law targeting transnational repression, making legislative amendments necessary to deter such acts, the official said.
Transnational repression crimes should no longer be treated solely as contraventions of individual rights, but as offenses against national interests that warrant heavy sentences, they said.
Otherwise, suspects would face relatively minor charges, such as violations of the Personal Data Protection Act, they said.
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