Taiwan planning harsher penalties for collaborators

DANGER: Authorities have investigated nine cases of transnational repression, including the surveillance of a legislator and a staged car accident targeting a performer

• By Chen Yu-fu and William Hetherington / Staff reporter, with staff writer

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The government is planning to amend the Anti-Infiltration Act (反滲透法) to impose harsher penalties on people who assist China in carrying out transnational repression, an official familiar with the matter said yesterday.

The Ministry of Justice is drafting amendments targeting people who, at the direction, request or funding of “foreign hostile forces,” engage in surveillance, harassment, intimidation or violent attacks that threaten personal freedom and physical safety, the official said.

According to a report submitted by the National Security Bureau to the Legislative Yuan, China’s transnational repression targeting Taiwan takes two main forms: public political warnings and transnational intimidation and threats.

Figurines with computers are pictured in front of Taiwanese and Chinese flags in an illustration created on Aug. 6, 2022.

Photo: Reuters

Under the first approach, Beijing unilaterally issues so-called laws and regulations aimed at “punishing Taiwanese independence” and “promoting unification,” accusing Taiwanese of “inciting secession” and warning they could face arrest and imprisonment. It also encourages people to report alleged Taiwanese independence supporters and publishes lists of people subject to sanctions to create the impression that it can pursue suspects beyond its borders.

Under the second approach, China uses inducements and directs overseas or Taiwan-based collaborators to gather intelligence on, monitor, pressure, intimidate and physically harm people who oppose authoritarianism or advocate for democracy, the report said, adding that it also uses digital means to harass targets and spread defamatory content while threatening to use Interpol mechanisms to have third-party countries arrest and extradite individuals.

The Executive Yuan has established an interagency platform to coordinate responses to transnational repression, integrating national security intelligence, digital evidence and investigative leads, the report said.

Cases involving foreign hostile forces are referred to national security prosecutors for investigation, it added.

Ministry of the Interior data showed that authorities have investigated nine cases of transnational repression, four of which have resulted in indictments. Those include an incident in which paint and feces were thrown at the Comedy Club; an attack on media personality Akio Yaita; the surveillance and filming of Democratic Progressive Party Legislator Puma Shen (沈伯洋) by a private investigation firm; and a staged car accident targeting performer Huang Yi-hao (黃逸豪).

National security agencies have also traced the identities of some of the people behind the operations abroad, cross-border financial channels and criminal networks operating in Taiwan.

An official familiar with Chinese infiltration operations said that ideally, Taiwan should enact a separate law specifically targeting transnational repression. However, given the urgency of the situation, the government plans to first amend the Anti-Infiltration Act.

A draft amendment is expected soon, they added.

The government would pursue separate legislation if the ruling party secures a legislative majority, they said, adding that a comprehensive response requires more than harsher prison sentences.

It must also establish how the authorities can protect victims, create public awareness campaigns and coordinate efforts across ministries and agencies, they said.

Although government agencies are already cooperating, efforts must also extend to the judicial system, the official said, adding that a comprehensive legal framework would provide the basis for allocating government budgets and coordinating the necessary resources.