Taiwanese judge Hsu Kai-chieh pointed out at a think tank forum in Washington, D.C. on the 10th that in the past 10 years, the Chinese Communist Party’s espionage activities towards Taiwan have seen three significant changes: comprehensive expansion, establishment of connections, and actions in the judicial grey zone. Taiwan’s existing laws can identify some risks, but dealing with arrests and gradual crises is not easy.
During the “Taiwan’s Institutional Defense: Combating CCP Infiltration and Transnational Repression” seminar held at the Hudson Institute in Washington, D.C., Judge Hsu Kai-chieh of the Taipei District Court’s National Security Division engaged in a dialogue with Hudson China Center Director Yu Maochun.
Hsu Kai-chieh pointed out that in the past decade, there have been at least three changes in the Chinese Communist Party’s main espionage activities towards Taiwan.
First, the shift from targeting the most valuable objectives to the least valuable information. In the past, it was believed that spies mainly targeted high-ranking military personnel and sensitive information such as locations of weapons and radar stations. Now, everyone is a target, including details like military rations and training plans. Chinese intelligence operatives use online platforms to contact professionals.
Second, the expansion from individual recruitment to the establishment of community connections. Most cases in the past involved only 1 to 3 defendants, but now they can exceed 10 people, reaching even 15 or 20 individuals.
Third, the extension from criminal cases to actions in the judicial grey zone, including events in alumni associations, hometown clubs, and research institutions. The Chinese Communist Party, through legal means, extensively tests the systems of democratic countries.
He analyzed that even in Taiwan, although some risks can be identified, it is not easy to immediately arrest or handle gradual crises, which is a weakness in the law. Despite Taiwan having a complete judicial system, it is challenging to identify and prevent these risks.
He used the example of the attack on the president of the Indo-Pacific Strategic Think Tank, Akio Yaita, to illustrate that there were no specific judicial tools applicable, and the case had to be handled as a general harassment or assault matter.
Yu Maochun raised the question of whether Taiwan has sufficient laws to handle foreign espionage and infiltration into Taiwan, like the United States’ Foreign Agents Registration Act and Foreign Intelligence Surveillance Act.
Hsu Kai-chieh explained that the U.S.’s Foreign Intelligence Surveillance Act applies during the investigation process, and Taiwan has similar procedures where a judge can issue search warrants. However, there are no search warrants based on national security reasons, like those under the Foreign Intelligence Surveillance Act.
Furthermore, Hsu Kai-chieh mentioned that Taiwan established a National Security Division within the criminal system in 2024 to handle espionage cases.