《TAIPEI TIMES》 Stiffer collusion law needed: legislator

BILL PROPOSED: Regulations are lacking to prevent collusion with China during peacetime, a DPP lawmaker said, urging up to 12 years in prison for aiding an enemy

By Hsieh Chun-lin and Jonathan Chin / Staff reporter, with staff writer

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Democratic Progressive Party （DPP） Legislator Wang Ting-yu （王定宇） yesterday called for a legal amendment to punish military personnel who harm the nation’s non-military interests, saying the measure is necessary to deter political collusion with China.

Wang’s comments came after prosecutors on Nov. 22 charged army Colonel Hsiang Te-en （向德恩） with corruption for allegedly accepting NT$560,000 from China in exchange for signing a “surrender agreement.”

Amendments to the Criminal Code of the Armed Forces （陸海空軍刑法） could close a loophole in the law, which does not define collaborating with Beijing in “united front” work or promoting propaganda as a crime, said Wang, convener of the legislature’s Foreign Affairs and National Defense Committee.

Signatures are being gathered in the legislature for a bill that he sponsored to make the necessary amendments, Wang said.

The bill stipulates a sentence of three to 10 years in prison for aiding an enemy in a non-military capacity during peacetime, Wang said.

The penalty for aiding an enemy in a non-military capacity during wartime should be a sentence of five to 12 years in prison, he said.

Military law currently states that aiding an enemy militarily, or harming the military interests of the nation or its allies, is punishable by a minimum sentence of 10 years in prison, life imprisonment or death.

A lack of regulation regarding political collusion during peacetime could undermine the loyalty and morale of the armed forces, who are crucial to national security, given that “armed peace” exists between Taiwan and China, he said.

Asked about the Hsiang case, DPP Legislator Huang Shih-chieh （黃世杰）, who is a lawyer, said that the prosecutor’s choice of charging the officer with corruption stemmed from legal strategy and not a lack of laws against treasonous conduct.

The penalty for conspiring to commit treason during a time of peace is a sentence of three to 10 years, which is lighter than the punishments stipulated for breaching the Anti-Corruption Act （貪污治罪條例）, he said.

The authorities were not prevented from charging Hsiang with conspiracy to commit treason during peacetime, he said.

The definition of treason in military law should be updated to take into account the importance of information warfare in modern conflict, he said, adding that Ministry of National Defense employees should face stiffer penalties than civilians for colluding with an enemy.

新聞來源：TAIPEI TIMES