Chinese moving to set up 'legal gray zones,' expert says - Taipei Times

Taiwan and the US should form an anti-infiltration task force as China shifts influence operations into "legal gray zones," Hsu Kai-hsieh (許凱傑), a judge in the Taipei District Court's National Security Division, said on Friday during a discussion hosted by the Hudson Institute's China Center in Washington.

Chinese espionage has undergone three major changes over the past decade, Hsu said at the event, which was to share Taiwan's experience in handling national security cases and countering infiltration efforts.

The focus has shifted from high-value classified information — such as military officers, weapons systems and radar data — to lower-level intelligence, including military meal arrangements and routine training schedules, he said.

Photo: Screengrab from the Hudson Institute's YouTube channel

Chinese operatives have used platforms such as Facebook and LinkedIn to cheaply "fish" for and recruit military and government personnel, he said, adding that the methods have also evolved from targeting individuals to building infiltration networks.

At the same time, the operations have moved beyond traditional criminal activities into "legal gray zones," using channels such as alumni associations and hometown groups to expand their influence, he said.

China's Law on Promoting Ethnic Unity and Progress, which took effect on July 1, criminalizes acts deemed to undermine "ethnic unity" and extends its jurisdiction to individuals and organizations overseas, effectively allowing Beijing to exert control over Chinese culture and people beyond its borders, Hsu said.

The recent assault on Japanese media personality Akio Yaita in Taichung might have been deliberately chosen as the law's "first case" following its implementation, Hsu said, adding that Taiwan lacks a dedicated legal framework to address transnational repression.

Taiwan and the US should establish an anti-infiltration and legal warfare task force to exchange expertise and develop countermeasures, he said.

He also urged democratic nations to build platforms to report and verify cases of transnational repression, as well as to expose contradictions within China's legal system and the overseas assets of Chinese officials.