Anti-infiltration Act

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, 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.

History
See also: Chinese intelligence activity abroad, Chinese information operations and information warfare, and Political warfare

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]

Legislator Kuo Kuo-wen proposed an amendment to Article 6 of the act in May 2020, linking the Anti-inflitration Act to provisions of the Criminal Code covering cybersecurity, murder, intimidation and harm to others.[20]

Content

The Anti-infiltration Act contains twelve articles.[21][22] 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.[23][24] Within the act, foreign hostile forces are countries or political entities at war or engaging in a military standoff with Taiwan.[25] The act also includes provisions on disinformation.[26][27] Violations of the act are punishable by a maximum fine not to exceed NT$10 million or five years imprisonment.[28][29] 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.[30]

Reception

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.[31][32] The New Power Party offered measured support, stating that the law could be further strengthened.[33] 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.[34] Taipei mayor Ko Wen-je called for the bill's wording to be clearly defined and for its contents to be discussed.[35][36]

Opposition

The passage of the Anti-infiltration Act was criticized as rushed and forced, as it became law 34 days after its formulation as a bill.[37][38][39]

Taiwanese businesses and industry organizations located in China, including the General Chamber of Commerce of the Republic of China, the National Association of Small and Medium Enterprises, and the Association of Taiwan Investment Enterprises on the Mainland expressed opposition to the act,[40][41] as did Terry Gou.[42]

The Anti-infiltration Act was passed two weeks before the 2020 Taiwanese presidential election, and was debated extensively during the campaign.[43][44][45] James Soong, presidential candidate of the People First Party, was critical of the act,[46] stating that the law passed despite the absence of "coordination among government agencies, establishing enforcement rules or designating an administrative agency to oversee the act’s enforcement."[47] Kuomintang presidential candidate Han Kuo-yu promised to review the Anti-infiltration Act if elected to the presidency.[48] Former president Ma Ying-jeou compared the Anti-infiltration Act to martial law in Taiwan and said that his successor Tsai Ing-wen was "a dishonest, autocratic" leader.[49][50] Kuomintang caucus whip William Tseng described the Anti-infiltration Act as "green terror," a reference to the Pan-Green Coalition and Taiwan's White Terror, a period within the martial law era.[51] He also raised concerns regarding the language of the bill, arguing that certain words and phrases were not adequately defined.[52] Kuomintang chairman Wu Den-yih compared the act to the Eastern Depot, active during the Ming dynasty.[53]

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.[54]

Effects

Tsai Ing-wen responded to criticisms of the Anti-infiltration Act in a speech on 1 January 2020.[55][56][57] 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.[58][59]

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.[60]

Master Chain, a pro-China media outlet, withdrew from the Taiwan market following the passage of the Anti-infiltration Act.[61]

See also

References
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