兩岸諜對諜,台商首當其衝

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1999 / 4月

文‧陳妙鈴



相對於在美被控的美籍華人李文和案,旅居大陸的多名台商也在「台諜」的陰影下,有的遭判刑,有的被指控攔檢,不但數以萬計的台商基本人權、財產權受到影響,台商在兩岸情治工作中的角色與地位,也成了社會焦點。

台灣商人王緒添三月怳誘擗W午欲往香港轉機廈門時,在我國海關遭搜身檢查。王緒添對此非常不滿,認為受到誣陷,並在三月怳K日回國,提出幾項聲明。

他說,他是一個關心台灣社會的生意人,只因為愛說話,就出了問題,現在傳出他是間諜,對他的傷害相當大,而且法務部依法不能公開調查過程,但是卻對媒體亂放話。

由於調查局人員並沒有在他身上搜到任何機密文件,此案被視為一件烏龍事件。調查局處長張富雄澄清,這是經過相當時間的搜證偵查之後才決定的行動,如果日後證實王緒添不是間諜,調查局願意道歉。

調查局是否會向王緒添道歉,尚未可知。立委周錫瑋卻認為,調查局在海協會副秘書長李亞飛訪台期間抓人,時機太敏感。同時他也質疑,大陸當局抓的間諜許多是台商,台灣自己也抓台商,為什麼不抓從對岸來的間諜?

張富雄強調,調查局執法不受政治因素影響,同時,吸收台商也可能是中共的作法。到底多少台商已陷入兩岸情治風雲當中,又有多少台商遭到無端構陷?三月間,又有多起案件曝光。

三月初,台商沙明珠的親屬在立委李慶華協助下向海基會陳情指出,沙明珠已在大陸被捕,一年多來音訊全無。經過海基會去函海協會詢問,海協會三月怳@日來函指出,沙明珠是我方軍情局間諜,已在前年底被判有期徒刑怚|年,目前正在服刑中。針對沙案,國防部長唐飛在立法院接受立委質詢時,已否認沙明珠是我國間諜。

台商林信鴻也在去年三月遭中共以間諜罪逮捕,判刑怞~。他的大陸籍妻子李軍三月五日委託民進黨籍立委蔡煌瑯陪同,在台北召開記者會。

另一名去年三月於北京被捕的台商寇健明,則是遭中共判刑四年,曾為寇健明辯護的律師袁台龍指出,中共會對其認為有嫌疑的人盯梢數月以上,如果被認定有我方軍情人員直接涉案,通常會被判怢鮈怳郎~。

目前,海基會共受理過怳賒茈x商間諜案,其中涉及二怳G個人。海基會秘書長許惠祐認為,兩岸交流超過怞~,大陸當局不應該動輒以間諜罪扣人,傷害兩岸人民情感。同時,我國依法留置大陸人士,都會知會對方,但是對岸卻不願意配合知會我方。他希望對岸能尊重法律程序,建立審判和探監制度,不要動不動就扣人。

另一方面,台灣最高法院則是在三月怳@日,根據刑法一百一怳@條,判定台商張鳴龢蒐集國防機密罪。二年前,張鳴龢向朱高正的立院助理潘昇仁利誘收買國防、外交預算書,後來在潘昇仁的勸告下自首。立院助理由於容易取得預算審查的相關資料,因此被中共當成情報來源之一。

一連串台商被扣押,立院助理也被懷疑是大陸當局搜集資料的管道。民進黨立院黨團幹事長蔡明憲認為,國防機密在立院唾手可得,光憑行政命令「軍機種類範圍準則」,不能判定什麼能夠公開,他說,國防預算書是極機密文件,卻連工友都拿得到。

法務部三年多前完成「國家機密保護法草案」,尚未通過立院,是最基本的問題。其次,在兩岸情治火網下的台商,如何自保,台商家屬如何免於恐懼,則是他們最關心的問題。

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EN

Taiwanese Businessmen in the Spotlight as Spies

Marlene Chen /tr. by Jonathan Barnard


Wen Ho Lee, the Taiwan-born US citizen who has been accused of spying in America for mainland China, isn't the only spy in the news. Recently Taiwanese businessmen who live or frequently travel to mainland China have likewise fallen under suspicion for espionage. Some have been sentenced to terms in ROC or PRC prisons, others merely questioned and searched. In addition to raising the question of whether the basic human and property rights of tens of thousands of Taiwan businessmen with operations in mainland China are under threat, these cases have also thrust these businessmen under the spotlight on both sides of the strait for their role in intelligence gathering.

On the morning of March 16, Wang Hsu-tien was bound for Hong Kong, where he would transfer for a plane to Xiamen. In ROC customs, he was questioned and given a thorough body search. Angered by what he claimed were unfair accusations, he returned to Taiwan on March 18 and issued a public statement.

He was just a businessman who cared about Taiwan, he said, and had only gotten into trouble because he loved to talk. The rumors that he is a spy had done him great harm. Furthermore, he pointed out that the Ministry of Justice leaked information to the media, whereas under law they were prohibited from discussing cases under investigation.

Because agents from the Investigation Bureau did not find any secret documents hidden on his person, some observers are calling the incident one big mistake. Yet Investigation Bureau Director Chang Fu-hsiung explained that agents only decided to make the search after collecting extensive evidence, and if it turns out that Wang Hsu-tien is not a spy after all, then the bureau will issue an apology.

We can only wait and see if such an apology is forthcoming. Legislator Chou Hsi-wei has criticized the Investigation Bureau for making an espionage arrest at a sensitive time, when Li Yafei, deputy secretary-general of the PRC's Association for Relations Across the Taiwan Strait (ARATS), was preparing to visit Taiwan. When the mainland is catching Taiwanese businessmen as alleged spies, Chou wonders why the ROC is also going after Taiwan businessmen instead of trying to catch spies from mainland China.

Chang Fu-hsiung stresses that under law the Investigation Bureau cannot be influenced by political factors, and that it is quite plausible that the mainland has recruited Taiwan businessmen to work as spies. But just how many businessmen have fallen under suspicion for spying and how many have been unjustly set up? Meanwhile, there were several cases involving Taiwanese businessmen allegedly spying on the PRC that were in the news in March.

Early in the month, the family of Sha Ming-chu, assisted by legislator Li Chin-hua, informed Taiwan's Straits Exchange Foundation (SEF) that they had not heard from Sha since he was arrested in the mainland over a year before. After SEF delivered their letter of inquiry to ARATS, a response that came on March 11 stated that Sha Ming-chu was spying on mainland China for the Taiwan military. It noted that he had been convicted at the end of 1997, and was currently serving a sentence of 14 years. When questioned about the Sha case by legislators, Minister of Defense Tang Fei denied that Sha was a spy.

Lin Hsin-hung, another Taiwan businessman, was arrested for spying by the Communist authorities in March of last year and was given a sentence of ten years. Accompanied by DPP Legislator Tsai Huang-lang, Lin's wife Li Jun, who has mainland citizenship, held a press conference in Taipei on March 5.

Another Taiwan businessman, Kou Chien-ming, was arrested in Beijing in March of last year and was sentenced to four years. Yuen Tai-lung, formerly Kou's lawyer, believes that the Chinese communists monitor suspects for several months, and then sentence those whom they believe to be directly involved with military spying to 10 to 15 years in jail.

Currently, the SEF has processed 16 espionage cases involving a total of 22 Taiwan businessmen. SEF director Hsu Hui-yu argues that after ten years of travel across the strait, the mainland shouldn't sour cross-strait relations by making poorly founded accusations of espionage. At the same time, he notes that when Taiwan detains PRC citizens, in accordance with law, it always informs the mainland, yet the mainland shows no such willingness to inform Taiwan. He hopes that the mainland will respect legal procedures and establish a system for trials and visiting prisoners, and not just cavalierly detain people.

The High Court of Taiwan ruled on March 11 that in accordance with Article 111 of the ROC Penal Code, Taiwan businessman Chang Ming-ho had been collecting national security secrets and was guilty of espionage. Two years ago, Chang approached Pan Sheng-jen, an assistant to Legislator Chu Kao-cheng, and attempted to bribe him to acquire copies of the budgets for national defense and foreign relations. Then, under Pan's prodding, Chang turned himself in. Because legislative assistants have easy access to budget review materials, the mainland targets them as potential sources of information.

Tsai Ming-hsien, the whip of the DPP legislative caucus, believes that military secrets are easy to obtain in the Legislative Yuan, and that the executive order on "Standards for Military Secrets" is of little help in deciding what information should be kept secret. He notes that the military budget has very secret information, but that even office boys and janitors have access to copies of it.

Three years ago the Ministry of Justice prepared a draft of a "National Secrets Protection Law" that the legislature has yet to pass. The absence of just such a law is at the root of the problem. As for those Taiwan businessmen caught in the cross-strait cross-fire of espionage charges, protecting themselves and keeping their loved ones from living in fear for their safety is at the top of their personal agendas.

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