Restoring military trials
When former president Ma Ying-jeou (馬英九) and former legislative speaker Wang Jin-pyng (王金平) were engaged in political feuds, Ma coined his famous catchphrase: “If you haven’t done anything wrong, why fear being monitored?”
Today, this phrase can be redirected for even more impact: “If you haven’t done anything wrong, why fear a military trial?”
According to a report published by the Chinese-language Liberty Times (sister paper of the Taipei Times) on Thursday, many retired military personnel have been infiltrated and even bribed by the Chinese Communist Party (CCP), causing significant public concern.
The air force has found itself involved in scandals, including a shocking recent espionage case in which two current and former air force personnel allegedly provided confidential information about the use of Hsiung Feng III (Brave Wind III) missiles to China.
Three former soldiers from the 211th Military Police Battalion were charged with selling state secrets to China just months ago.
Such acts would directly jeopardize the president’s safety.
At a high-level national security meeting on Thursday, President William Lai (賴清德) announced a review and legal amendments “to reinstate the military trial system,” saying: “Military judges will return to the front line.”
The announcement should serve as a serious warning to retired military personnel involved in leaking military secrets.
According to Article 14 of the Criminal Code of the Armed Forces (陸海空軍刑法) — which was amended in December 2023 — “a person who commits an overt act with intent to destroy the organization of the state, seize state territory, change the Constitution, or overthrow the government by strong-arm means or threatening with force shall be punished with imprisonment for not less than ten years.”
Soldiers should be careful.
Article 24 of the Act of Military Service for Officers and Non-commissioned Officers of the Armed Forces (陸海空軍軍官士官服役條例) was amended to stipulate that active-duty and retired military personnel who commit any “chapter of offenses of malfeasance in office” outlined by laws such the National Security Act (國家安全法) and the Classified National Security Information Protection Act (國家機密保護法), or commit related offenses such as rebellion or treason, “are not entitled to retirement severance pay.”
This is meant to deter military personnel from breaking the law. So why has it proven ineffective?
Why is Taiwan’s military not as strict or as disciplined as those in foreign countries?
The reason can be traced back to the death of army corporal Hung Chung-chiu (洪仲丘) in 2013. Bending under the pressure of 250,000 white-clad protesters who took to the streets in support of Hung, Ma hastily transferred the jurisdiction of military criminal cases from the military to civilian courts, laying the foundation for the erosion of military discipline.
Lai is now cleaning up Ma’s mess.
Ever since that point, generals no longer resemble generals and soldiers no longer resemble soldiers.
For young people, military service is more like going to summer camp.
Article 89 of the Military Trial Act (軍事審判法), which was amended in April 2019, stipulates that if someone is strongly suspected of having committed an offense and “has no fixed domicile or residence” — like a suspect who usually resides in China — then they “may be arrested with a warrant without first being served with a summons.”
To quote Strategies of the Warring States (戰國策), “it is not too late to mend the fold even after the sheep has been lost.”
Taiwan is experiencing a national security crisis and a weakening of military discipline. If successful, restoring the military trial system might be a blessing in disguise.
Chiu Shih-chang
Taipei
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