Fri, Jan 13, 2023 page3

• Punishments for spying too lenient: lawyers

  • By Jason Pan / Staff reporter
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  Two former military officers indicted on Chinese espionage offenses received sentences that were lighter than a drunk driving charge despite having betrayed the nation, lawyers and a government spokesman said yesterday.

  Attorney Huang Di-ying (黃帝穎), chairman of the Taiwan Forever Association, said the pair were found guilty of espionage, but do not need to serve time in prison.

  “In effect, the judges are encouraging people to spy for China by handing out such lenient terms,” Huang said.

  

  Attorney Huang Di-ying, who is also chairman of the Taiwan Forever Association, speaks at a news conference in Taipei on July 28 last year.

  Photo: CNA

  “The US, Australia and other countries have enacted measures to combat Chinese infiltration and spying. They are taking steps to protect their democratic system, but Taiwanese judges lack comprehension on these cases, so prosecutors must appeal to seek more appropriate punishment,” he said.

  The Taipei District Court on Tuesday found retired army lieutenant colonel Wei Hsien-yi (魏先儀) and retired air force major general Chien Yao-tung (錢耀棟) guilty of contravening the National Security Act (國家安全法), after working with Chinese intelligence operative Xie Xizhang (謝錫璋) to recruit Taiwanese military officials for junket trips and banquets in China.

  Wei and Chien were indicted on espionage-related charges, after an investigation found Xie aimed to recruit military officers to build a spy network and obtain classified material on the Taiwanese military and government leaders.

  Judges ordered the pair to pay fines and handed out suspended sentences, but did not hand them prison sentences.

  Presidential Office spokesman Alex Huang (黃重諺) said it is painful to see persistence of Chinese espionage cases.

  “I find it unbelievable that in these cases, judges hand out sentences that are more lenient than drunk driving offenses,” he said.

  In recent rulings on several espionage cases, most people received suspended terms without prison sentences, Huang said.

  “These cases cause great damage to the military code of honor and allegiance, as the conviction should carry a much stronger punishment,” he said.

  “Betrayal of our nation by military officers results in serious harm for all citizens, putting everyone’s life and property under threat ... our justice system must progress with the times in dealing with these cases,” he said.

  “Many people join the military as a career, putting their lives on the line to defend our nation, but some officers have brought shame to fellow soldiers, so I support harsher sentences,” Huang said.

  Former prosecutor Lien Shih-fan (連思藩), who now works as a lawyer, said such espionage cases should be treated differently from robbery and assault cases.

  “The contraventions are of a very serious nature, having breached national security. This case can have detrimental effects on the morals of our troops and civilians,” Lien said.

  “China has escalated its military activities with war games and ratcheted up intimidation to unilaterally heighten tension across the Taiwan Strait, so it is not a time of peace and stability for our nation,” Lien said.

  “Judges must account for the current threat the nation is under when weighing charges for espionage offenses, and hand out appropriate punishments to effectively deter Chinese espionage activities,” Lien said.

  Lawyer Hung Wei-sheng (洪偉勝) said the court’s lenient sentencing had ignored the huge drain on the judiciary personnel and resources.

  “It is difficult to gather evidence in these espionage cases, to implement surveillance and conduct a preliminary investigation, but then we see the result with suspended terms,” Hung said.

  “The court must not close the case just because the offenders have admitted guilt,” Hung said, adding that “the damage has been done, the offenders did not reach any settlement with the state or the military.”
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