The Anti-Infiltration Act (Chinese: 反滲透法) is a law regulating the influence of entities deemed foreign hostile forces on the political processes of the Republic of China (commonly known as Taiwan), including elections and referendums. The act was passed by the Legislative Yuan on 31 December 2019 and promulgated by the Tsai Ing-wen presidential administration on 15 January 2020. The law has been used to prosecute individuals connected to united front organizations in Taiwan.

History

President Tsai Ing-wen said in July 2016, and again in January 2017, that laws against espionage were necessary. Bills to counter espionage were proposed by the Ministry of Justice three times by February 2017, but all were rejected by a minister without portfolio. Democratic Progressive Party legislators Chen Ming-wen, Chuang Jui-hsiung, and Lo Chih-cheng stated that such bills should have included anti-infiltration measures.[1] During the 2019 Democratic Progressive Party presidential primary, William Lai called for an anti-infiltration law to be passed.[2][3] Later that year, the New Power Party was reported to be forming an anti-infiltration bill for consideration during the legislative session starting in September.[4][5]

Proposal and passage

On 25 November 2019, the Democratic Progressive Party caucus formally proposed an anti-infiltration bill for legislative consideration.[6][7] The anti-infiltration bill was moved to a second reading four days later.[8][9] Kuomintang legislators boycotted the vote, and proposed the "Anti-annexation of the Republic of China Act" to replace the DPP's anti-infiltration bill.[10]

Cross-caucus negotiations on the anti-infiltration bill took place in late December 2019, although only two of twelve articles were discussed, and the only agreement reached regarded the title of the act.[11][12] The bill passed its third legislative reading on 31 December 2019, and became the Anti-Infiltration Act.[13][14] The act passed 67–0 due to a Kuomintang boycott of the final reading,[15][16] as the Democratic Progressive Party held a majority in the Ninth Legislative Yuan.[17] Prior to its promulgation, Kuomintang and People First Party legislators petitioned the Council of Grand Justices for a ruling on the law.[18] The Anti-infiltration Act took effect on 15 January 2020.[19]

Proposed amendments

Legislator Kuo Kuo-wen proposed an amendment to Article 6 of the act in May 2020, linking the Anti-infiltration Act to provisions of the Criminal Code covering cybersecurity, murder, intimidation and harm to others.[20] An amendment drafted by Chiu Chih-wei in April 2022 proposed permitting the dissolution of political parties found by the Constitutional Court to have colluded with an enemy state to affect the outcome of an election in Taiwan.[21]

Content

The Anti-Infiltration Act contains twelve articles.[22][23] It bars people from accepting money or acting on instructions from foreign hostile forces to lobby for political causes, make political donations, or disrupt assemblies, social order, elections, and referendums.[24][25] Foreign hostile forces are defined by the act as countries or political entities at war or engaging in a military standoff with Taiwan.[26] The act also includes provisions on disinformation.[27][28] Violations of the act are punishable by a maximum fine not to exceed NT$10 million or five years imprisonment.[29][30] Acts of infiltration were defined by considering applicable provisions of other laws, among them the Presidential and Vice Presidential Election and Recall Act, the Civil Servants Election and Recall Act, the Referendum Act, the Assembly and Parade Act and the Social Order Maintenance Act.[31]

Reception

Support

In addition to the Democratic Progressive Party caucus and majority in the Ninth Legislative Yuan, support for the Anti-Infiltration Act came from former defense minister Michael Tsai.[32][33]

The New Power Party offered measured support, stating that the law could be further strengthened.[34]

Taipei mayor Ko Wen-je supported the purpose of the bill but called for its wording to be clearly defined and for its contents to be discussed.[35][36]

The bill/law has been cited by researchers as an important means for Taiwan to combat Mainland China’s propaganda and disinformation campaigns.[37][38][39] Prior to its passage, Sung Cheng-en of the Taiwan Democracy Watch stated that the Anti-Infiltration Act should have included regulations on political propaganda.[40]

Opposition

Taiwanese businesses and industry organizations located in China expressed opposition to the act,[41][42] as did Terry Gou.[43]

James Soong, chairman of the People First Party, was critical of the act,[44][45] as were multiple high ranking Kuomintang officials, including Han Kuo-yu,[46] Ma Ying-jeou,[47][48] William Tseng,[49][50] and Wu Den-yih.[51]

Before the bill's passage in December 2019, Taiwan Affairs Office spokeswoman Zhu Fenglian stated that it had "already caused alarm and panic" amongst Taiwanese businesspeople and students in China.[52]

Effects

Tsai Ing-wen responded to criticisms of the Anti-Infiltration Act in a speech on 1 January 2020.[53][54][55] After the act was promulgated on 15 January 2020, Tsai stressed that legal exchanges with China would not be adversely affected, and asked the Executive Yuan and Straits Exchange Foundation to clarify questions about the law.[56][57]

Flags of the People's Republic of China, first flown along Mofan Street in Jincheng, Kinmen, in 2018 to welcome Chinese tourists, were voluntarily taken down days after the Anti-Infiltration Act passed its third legislative reading, as residents feared that the law made flying the PRC flag illegal.[58]

Master Chain (大師鏈), a pro-Chinese government media outlet, withdrew from the Taiwan market following the passage of the Anti-Infiltration Act.[59]

The first warrants and searches under the purview of the act were carried out during the 2022 local election cycle.[60] In August 2023, three individuals connected to united front organizations in Taiwan were indicted for violations of the law.[61] In October 2023, the founder of the Taiwan People's Communist Party, Lin Te-wang, and two other party members were indicted under the Anti-Infiltration Act for undertaking pro-Chinese Communist Party influence operations in coordination with the Taiwan Affairs Office to interfere in elections.[62][63][64] In December 2023, one month before presidential and legislative elections were to be held, seventeen indictments for violations of the Anti-Infiltration Act were issued.[65] The same month, the former deputy chairman of the For Public Good Party and others were arrested on suspicion on contravening the Anti-Infiltration Act for receiving money from China to fabricate political opinion polling.[66] In January 2024, a former Taiwan People's Party candidate was arrested on allegations of receiving campaign funding from China in violation of the Anti-Infiltration Act.[67] Investigative efforts expanded as the 2024 general election drew closer. Over fifty people were questioned by the Yilan District Prosecutors' Office for suspected violations of the Anti-Infiltration Act,[68] and former legislator Chang Hsien-yao was questioned by the Ciaotou District Prosecutors Office.[69]

See also

References

  1. ↑ Cheng, Sabine; Wang, Cheng-chung; Wen, Kuei-hsiang; Kuo, Chung-han (14 March 2017). "Anti-espionage draft act raises concerns of curbs to press freedom". Central News Agency. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  2. ↑ Maxon, Ann (26 April 2019). "Lai urges DPP to begin primary talks". Taipei Times. Archived from the original on 31 December 2019. Retrieved 3 January 2020.
  3. ↑ Lin, Sean (9 June 2019). "Lai urges president Tsai to 'pass baton'". Taipei Times. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  4. ↑ Chung, Li-hua; Hsiao, Sherry (12 July 2019). "Bills to defend democracy to be priority". Taipei Times. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  5. ↑ Maxon, Ann (12 September 2019). "NPP eyes Huang Kuo-chang as presidential pick". Taipei Times. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  6. ↑ Chen, Chun-hua; Hsu, Elizabeth (25 November 2019). "DPP introduces anti-infiltration bill ahead of elections". Central News Agency. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  7. ↑ Hsieh, Chun-lin; Xie, Dennis (26 November 2019). "DPP unveils anti-infiltration proposal". Taipei Times. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  8. ↑ Wang, Yang-yu; Ko, Lin (29 November 2019). "Anti-infiltration bill forwarded to second reading at Legislature". Central News Agency. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  9. ↑ Lin, Sean (30 November 2019). "DPP anti-infiltration proposal advances". Taipei Times. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  10. ↑ Wang, Yang-yu; Ko, Lin (29 November 2019). "Anti-infiltration bill sent to second reading at Legislature (update)". Central News Agency. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  11. ↑ Lin, Sean (28 December 2019). "Cross-caucus talks on 'infiltration' bill achieve little". Taipei Times. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  12. ↑ Lee, Hsin-fang (29 December 2019). "DPP to push passage of controversial bill as planned". Taipei Times. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  13. ↑ Chen, Chun-hau; Yeh, Joseph (31 December 2019). "Anti-infiltration bill passes legislature amid protests". Central News Agency. Archived from the original on 31 December 2019. Retrieved 3 January 2020.
  14. ↑ Lin, Sean (1 January 2020). "Legislature passes Anti-Infiltration Act". Taipei Times. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  15. ↑ Lee, Yimou; Hamacher, Fabian (31 December 2019). "Taiwan passes law to combat Chinese influence on politics". Reuters. Archived from the original on 4 January 2020. Retrieved 4 January 2020.
  16. ↑ Aspinwall, Nick (3 January 2020). "Lee Hsin-fang and Chiu Chih-jo". The Diplomat. Archived from the original on 2 January 2020. Retrieved 3 January 2020.
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  20. ↑ Wu, Su-wei; Xie, Dennis (16 May 2020). "Anti-infiltration Act must cover more attacks: lawmaker". Taipei Times. Archived from the original on 21 May 2020. Retrieved 16 May 2020.
  21. ↑ Chung, Li-hua; Lee, Hsin-fang (5 April 2022). "Lawmakers target traitorous parties". Taipei Times. Archived from the original on 5 April 2022. Retrieved 5 April 2022.
  22. ↑ Lin, Sean (18 December 2019). "Lawmakers plan review of anti-infiltration bill". Taipei Times. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  23. ↑ Lin, Liang-sheng; Hetherington, William (31 December 2019). "Vote on anti-infiltration bill expected today". Taipei Times. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  24. ↑ Wang, Yang-yu; Chen, Chun-hua; Chiang, Yi-ching (25 November 2019). "NPP urging harsher penalty for accepting political donations from China". Central News Agency. Archived from the original on 29 December 2019. Retrieved 3 January 2020.
  25. ↑ Chung, Li-hua (25 November 2019). "DPP to introduce anti-infiltration bill". Taipei Times. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  26. ↑ "Anti-Infiltration Act passed by Taiwan's Legislature". Taiwan Today. 2 January 2020. Archived from the original on 4 January 2020. Retrieved 6 January 2020.
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  28. ↑ "Taiwan Passes Law Targeting Chinese Political Interference". New York Times. Associated Press. 31 December 2019. Archived from the original on 4 January 2020. Retrieved 4 January 2020.
  29. ↑ Lim, Emerson (8 January 2020). "Anti-infiltration Act won't impede cross-Strait interactions: MAC". Central News Agency. Archived from the original on 8 January 2020. Retrieved 8 January 2020.
  30. ↑ Lee, Hsin-fang; Chiu, Chih-jo (8 December 2019). "DPP to pass anti-infiltration bill: source". Taipei Times. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  31. ↑ Lin, Sean (27 December 2019). "'Infiltration' bill aimed at actions: MAC". Taipei Times. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  32. ↑ Maxon, Ann (3 December 2019). "Ex-MND boss warns of infiltration bids". Taipei Times. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  33. ↑ Fang, Cheng-hsiang; Yeh, Joseph (2 December 2019). "Ex-defense chief calls for swift passage of anti-infiltration law". Central News Agency. Archived from the original on 5 January 2020. Retrieved 3 January 2020.
  34. ↑ Maxon, Ann (1 January 2020). "Anti-infiltration Act correct step, NPP says". Taipei Times. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  35. ↑ Lee, I-chia; Hsu, Cho-hsun (29 December 2019). "2020 Elections: Anti-infiltration bill 'bombs' worry Ko". Taipei Times. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  36. ↑ Lee, I-chia (23 December 2019). "2020 Elections: Ko clarifies stance on infiltration bill". Taipei Times. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  37. ↑ "Country Reports: Taiwan". Freedom House. Archived from the original on 2022-11-14. Retrieved 2022-11-14.
  38. ↑ Huang, Aaron. "Combatting and Defeating Chinese Propaganda and Disinformation: A Case Study of Taiwan's 2020 Election" (PDF). Belfer Center for Science and International Affairs. Harvard Kennedy School. Archived (PDF) from the original on 2022-07-28. Retrieved 2022-11-14.
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  40. ↑ Chung, Li-hua (19 December 2019). "Beijing ratchets up infiltration of media: watchdog". Taipei Times. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  41. ↑ Chou, Hui-ying; Wang, Cheng-chung; Miao, Zong-han; Wen, Kuei-hsiang; Yeh, Joseph (31 December 2019). "Business group, opposition blast DPP over anti-infiltration bill". Central News Agency. Archived from the original on 1 January 2020. Retrieved 3 January 2020.
  42. ↑ Tsai, Peng-min; Yeh, Joe; Huang, Frances (1 January 2020). "Business groups fear chilling effect from anti-infiltration act". Central News Agency. Archived from the original on 1 January 2020. Retrieved 3 January 2020.
  43. ↑ Chen, Yun; Chen, Ching-min (26 December 2019). "Gou wants new 'Sunflower movement'". Taipei Times. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  44. ↑ Hsu, Elizabeth (25 December 2019). "PFP presidential candidate criticizes DPP on anti-infiltration bill". Central News Agency. Archived from the original on 26 December 2019. Retrieved 3 January 2020.
  45. ↑ Shan, Shelley (2 January 2019). "Anti-Infiltration Act: Soong slams law's passage, 'tyranny of the majority'". Taipei Times. Archived from the original on 2 January 2020. Retrieved 3 January 2020.
  46. ↑ Maxon, Ann (2 January 2020). "Anti-Infiltration Act: Han vows to review Act if he wins vote". Taipei Times. Archived from the original on 2 January 2020. Retrieved 3 January 2020.
  47. ↑ Pan, Jason (2 January 2020). "Anti-Infiltration Act: DPP slams Ma for comparing act with Martial Law era". Taipei Times. Archived from the original on 2 January 2020. Retrieved 3 January 2020.
  48. ↑ Yang, Hsin-hui; Chung, Jake (29 December 2019). "2020 Elections: Tsai a 'dishonest' and 'autocratic' president, Ma says". Taipei Times. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  49. ↑ Lin, Sean (25 December 2019). "Bar 'infiltration' bill review: KMT". Taipei Times. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  50. ↑ Chung, Lawrence (31 December 2019). "Taiwan's anti-infiltration bill is passed as opposition lawmakers protest". South China Morning Post. Archived from the original on 7 January 2020. Retrieved 7 January 2020.
  51. ↑ Maxon, Ann (28 November 2019). "Spy Allegations: KMT slams anti-infiltration bill". Taipei Times. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  52. ↑ "China says Taiwan anti-infiltration bill causes 'alarm' for investors". Reuters. 10 December 2019. Archived from the original on 30 December 2021. Retrieved 4 January 2020. Republished as: "China says anti-infiltration bill causing 'alarm, panic'". Taipei Times. 12 December 2019. Archived from the original on 3 January 2020. Retrieved 3 January 2020.
  53. ↑ "Full text of President Tsai's New Year's Day speech". Central News Agency. 1 January 2020. Archived from the original on 1 January 2020. Retrieved 3 January 2020.
  54. ↑ Wen, Kuei-hsiang; Ku, Chuan; Yeh, Joseph (1 January 2020). "President defends Anti-infiltration Act in New Year's Day speech". Central News Agency. Archived from the original on 1 January 2020. Retrieved 3 January 2020.
  55. ↑ Su, Yung-yao; Hetherington, William (2 January 2020). "Anti-Infiltration Act: Tsai defends new law, lists 4 points". Taipei Times. Archived from the original on 2 January 2020. Retrieved 3 January 2020.
  56. ↑ Yeh, Su-ping; Wen, Kuei-hsiang; Wang, Yang-yu; Yeh, Joseph. "President reassures public after Anti-infiltration Act takes effect". Central News Agency. Archived from the original on 15 January 2020. Retrieved 15 January 2020.
  57. ↑ "Act not to affect legal exchanges: Tsai". Taipei Times. 16 January 2020. Archived from the original on 15 January 2020. Retrieved 16 January 2020.
  58. ↑ Chung, Jake (3 January 2020). "Kinmen street's PRC flags lowered on fear of new law". Taipei Times. Archived from the original on 2 January 2020. Retrieved 3 January 2020.
  59. ↑ Huang, Tzu-ti (1 January 2020). "Pro-China Master Chain quits Taiwan". Taiwan News. Archived from the original on 2 January 2020. Retrieved 4 January 2020.
  60. ↑ Wang, Flor; Hsio, Po-wen (24 November 2022). "Prosecutors raid premises over alleged vote-buying with Chinese funds". Central News Agency. Archived from the original on 24 November 2022. Retrieved 24 November 2022. Taipei prosecutors raided the homes and offices of three people, including one surnamed Pan (潘) based on the provisions of the Anti-Infiltration Act Thursday, searching for evidence of vote-buying using alleged Chinese funds, the first such searches ahead of Saturday's local elections and since the Act took effect on Jan. 15, 2020. Prosecutors and Investigation Bureau agents searched four locations belonging to Pan and two another [sic] people, with the first search warrants ever issued based on the Act, on the grounds the suspects were engaged in buying votes at the behest of Chinese backers.
  61. ↑ "Three indicted for 'united front' work". Taipei Times. 2023-08-10. Archived from the original on 2023-08-11. Retrieved 2023-08-11.
  62. ↑ Wang, Ting-chuan; Chung, Jake (4 October 2023). "Taiwanese communist party trio indicted". Taipei Times. Archived from the original on 10 October 2023. Retrieved 4 October 2023.
  63. ↑ "Taiwan indicts 2 communist party members accused of colluding with China to influence elections". Associated Press News. 2023-10-04. Archived from the original on 2023-10-04. Retrieved 4 October 2023.
  64. ↑ Wang, Flor; Hsieh, Hsing-en (3 October 2023). "Taiwan communist party heads indicted for 'infiltration'". Central News Agency. Archived from the original on 15 December 2023. Retrieved 15 December 2023.
  65. ↑ Chin, Jonathan (15 December 2023). "Forty detained over voting interference". Taipei Times. Archived from the original on 15 December 2023. Retrieved 15 December 2023.
  66. ↑ "Man held for allegedly faking election surveys". Taipei Times. December 24, 2023. Archived from the original on December 24, 2023. Retrieved December 25, 2023.
  67. ↑ "TPP expels independent legislative candidate over alleged China funding". Focus Taiwan. January 6, 2024. Retrieved January 6, 2024.
  68. ↑ Shen, Ru-feng; Yang, Evelyn (10 January 2024). "Over 50 listed as defendants in alleged subsidized China trip case". Central News Agency. Retrieved 10 January 2024. More than 50 people who allegedly traveled to Beijing last year on a trip "disproportionately subsidized" by the Chinese government have been listed as defendants after being questioned by prosecutors, the Yilan District Prosecutors Office said Wednesday. Prosecutors said in a statement that 53 people traveled to Beijing for a five-day trip in December 2023, however, the tour leaders were not tourism professionals, and the schedule was thought to have been arranged by local offices under China's Taiwan Affairs Office (TAO). Prosecutors added that their initial investigation had found the 53 people were part of three tour groups, fewer than the 100 people and five groups initially rumored to have traveled. The people are suspected of violating the Anti-Infiltration Act, Public officials Election and Recall Act, and the Presidential and Vice Presidential Election and Recall Act, and were questioned by agencies including the police and National Immigration Agency on Tuesday, prosecutors said.
  69. ↑ Hung, Hsueh-kuang; Yang, Evelyn (10 January 2024). "Former KMT lawmaker released on bail in alleged Chinese interference case". Central News Agency. Retrieved 10 January 2024. Former Kuomintang (KMT) lawmaker Chang Hsien-yao (張顯耀) was released on NT$1 million (US$32,129) bail Wednesday after being questioned on suspicion of being involved in cases of Chinese interference in the Jan. 13 elections, according to the Ciaotou District Prosecutors Office. The prosecutors said Chang was questioned on Tuesday on suspicion of violating the Anti-Infiltration Act and the Presidential and Vice Presidential Election and Recall Act, however, it was deemed that keeping him in custody was not necessary. Chang was therefore released on bail of NT$1 million Wednesday. Prosecutors said they were still investigating the case and did not provide further details.
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