CROSS-STRAIT CRIMES

URGENT NEED FOR Joint Campaign Against Crimes ACross the Taiwan Straits

March 1999

BACKGROUND ON CROSS-STRAIT CRIME

A.Drug Trafficking

Law enforcement information indicates that the total volume of drugs smuggled from Mainland to Taiwan amounts to 3300 kilograms, while narcotic drugs totals to 25 metric ton during 1990-1998. The smuggled heroin and amphetamine in the year of 1998 is about 70 kilos and 600 kilos respectively, each of which accounts for more than 50 percent and nearly 70 percent of the total seizures of that year. The figures manifest how serious problems are.

Heroin is smuggled mainly through transportation containers, while amphetamine by Mainland fishing vessels (Table 1).

B. Statement on Allegations that Taiwan is a Drug Transport Hub

Due to the fact that Taiwan is not a member of the United Nations, Taiwan is not eligible for the status as a signatory to the UN Convention on anti-drug campaign of 1988. Nevertheless, Taiwan has achieved remarkable progress in its efforts to promulgate and execute relevant anti-drug laws and to cooperate with the international society. In fact, not only has Taiwan’s efforts met the standards set forth in the above-mentioned Convention, but it has also been deleted from the list of the major drug transfer hubs by the United Nations in 1996. This offers a strong rebuttal to the U.S. allegation that Taiwan is a drug transport hub under its Strategic Report for International Drug Control.

 

Table 1 Seized Drugs in ROC

sourceInvestigation Bureau, Ministry of Justice, ROC

unitkilogram

Item

Year

Heroin

Amphetamine

Total seized volume

Volume seized from Mainland

Percentage

Total seized volume

Volume seized from Mainland

Percentage

1996

150.37

52.27

34.76%

1906.17

1281.01

67.20%

1997

187.72

26.30

14.01%

2540.25

1843.45

72.57

1998

133.36

69.29

51.96%

886.63

595.44

67.16

Total

471.45

147.86

31.36

5333.05

3719.90

69.75

 

C. Gun-running

Statistics provided by the Criminal Police Office show that local law enforcement officers have confiscated more than 2,400 mainland-made system-mode guns during 1988 to 1998, accounting for 20% of all seized system-mode guns of that same period. The above figure does not include those made by countries other than the PRC and sold to Taiwan through the Mainland, and those series number and country of origins are not identifiable.

Though seizures of smuggled guns have slightly dropped in recent years, the ROC government has maintained tight control over gun smuggling, for such activities constitute serious threats to the public security (Table 2).

 

Table 2 Seized Firearms in ROC

sourceCriminal Police Office

unitpiece

Category

Year

System Mode Firearms

Indigenous Mode Firearms

Others

Total

Total

Mainland Mode Firearms

1988

431

57

590

1398

2419

1989

1450

687

680

7722

9852

1990

1972

701

760

513

3245

1991

794

280

304

374

1472

1992

1004

145

1066

4307

6377

1993

1028

115

653

1375

3056

1994

1286

126

287

1288

2861

1995

1147

95

165

1153

2465

1996

1397

123

297

1830

3524

1997

1359

60

293

2533

4205

1998

732

20

447

2035

3214

Total

12600

2409

5542

24548

42690

 

D. Other Mainland Contrabands

According to statistics provided by the Directorate General of Customs, Ministry of Finance, the total value of the seizures from the Mainland is worth 25billion NT dollars. Though the figure in the year of 1998 has declined a bit, the total value of that year is still as high as 2.37 billion NT dollars, and the impact of smuggling itself with respect to market order, public security and tax revenues of a country is significant (Table 3).

Table 3

Smuggled Mainland Products Seized by ROC Directorate General of Customs 1991-1998

Time

 

Category

1991(Jul-Dec) 1992 1993 1994 1995 1996 1997 1998 Ratio changes compared with the same period of the previous year
Cigarette or cigar

6,088,049

988,079

11,998,593

16,151

1,170,045

82,297

3,706,359

2,603,995

-29%

Alcoholic drinks

975,810

188,271

3,532,221

33,669,379

64,140,003

49,411,055

41,991,332

3,680,899

-91%

Agricultural products

3,646,219

74,234,106

46,426,358

52,688,023

65,338,865

61,412,584

38,914,844

49,863,755

28%

Electric or electron appliances

635,396

19,757,602

84,932,880

26,293,379

22,657,879

17,428,845

12,685,559

15,251,291

20%

Aquatic products

3,514,796

7,101,658

8,671,861

15,632,426

18,368,652

11,310,914

24,025,787

12,416,103

-48%

Conserved animal and its products

160,200

41,261

59,588

12,848

210,016

11,377

82,086

452,456

451.20%

Non-conserved animal and its products

1,543,702

24,843,844

964,663

13,774,593

13,998,069

21,850,308

3,762,205

27,503,702

631.05%

Drugs and narcotic products

413,500

1,150,000

2,440,042

4,618,272

32,186,935

47,553,714

28,875,689

14,469,393

-49.89%

Chemical products

7,295,730

8,726,388

18,341,298

10,113,195

15,026,158

15,026,158

18,706

13,617,659

72698.35%

Transportation means

244,135

1,571,201

321,180

489,934

0

13,171,514

1,928

502,017

25938.23%

Weaponry and ammunition

5,109

38,263

1,000

556,072

188,190

730,192

6,030

0

-100.00%

Golden and silver currencies

0

0

2,577,719

2,577,719

800

0

600

0

-100.00%

Used vessels and vehicles’ parts

0

9,612,183

1,170,415

668,491

24,200

2,229,099

103,808

583,185

461.79%

Cosmetic products

1,255

465,076

213,542

678,813

609,851

554,899

302,425

500,024

65.34%

Jewelry and antique containers

366,278

3,973,510

18,751,720

23,429,144

6,056,139

5,495,712

1,954,480

601,174

-69.24%

Optic instruments

0

0

2,339,562

2,425,217

2,452,217

216,023

69,247

1,957,762

2727.22%

Medicinal materials

666,432

1,621,726

2,189,416

992,279

2,170,953

1,743,072

8,750,338

1,697,439

-80.60%

Others

24,631,910

161,652,184

251,526,146

168,916,566

187,966,805

121,866,940

244,961,999

91,795,487

-62.53%

Total

50,215,521

315,965,352

456,458,204

357,552,501

432,538,777

370,094,703

410,213,422

237,496,341

-42.10%

E. Trespassing by Mainland Fishing Boats

Mainland fishing boats have been prevented 53,000 times from attempts to trespass Taiwan waters over the past three years, including 15,000 times in 1998 (Table 5). There were 28 events of disputes with Taiwan fishing boats due to entangled nets, harassment, robbery, and collisions entailed by these trespassing ships (Table 4). Such trespassing affected Taiwan fishermen's livelihood, and more than often, these mainland fishing boats have engaged in electric fishing, poisoning, dynamite fishing, smuggling, and transporting stowaways. These acts have caused a serious depletion of fishing resources and have also affected the security of the Republic of China.

 

Table 4 Fishing Disputes of Fishing Vessels at Sea in the Year of 1998

Category

Case Amount

Cases on Taiwanese vessels encountering checking and disturbance by Mainland vessels on public functions

7

Cases on pure fishing disputes between the two sides of the strait

10

Cases on criminal crimes derived from fishing disputes between the two sides of the strait

5

Cases on Taiwanese vessels encountering robbery by the Mainland vessels

2

Cases on vessel crashes on the sea between the two sides of the strait

4

Total

28

 

Table 5 Enforcement against Trespassing Fishing Boats

of the Past Three Years

Name of Agencies Number of Ships Expelled

Smuggling Cases Uncovered

Illegal Fishing by Using Dynamite, Poison

Smuggling Cases

Number of Assistance for Arranging Arrested Fishing Boats Cases Related to Destroying Seized Fishing Tools
MOND

42,792

25 persons

756 persons

92 persons

   
Coast Police

10,643

12 ships

172 person

5 ships

21 persons

6 ships

33 persons

   
DGC

330

0

109 ships

     
COA        

75 cases

75 cases

Ministry of National Defense (MOND), Coast Police under the Ministry of the Interior,

Directorate General of Customs under Ministry of Finance (DGC), Fishery Administration under the Council of Agriculture (COA).

ROC GOVERNMENTS POSITION

A. To Provide Assistance on Individual Cases of Civil

Distress in Cross-strait Interactions

One of the four items of consensus reached during the October 1998 Koo-Wang meeting was to provide more assistance on individual cases of cross-strait civil distress. It has been our government’s consistent policy that all issues arising from cross-strait exchanges which are of great concern and close bearing on people's interests shall be dealt with first. In criminal cases involving the two sides, mutual assistance has been rendered in information exchange, criminal record verification, investigation cooperation, repatriation, and exchange of judicial paper only with a limited effect. In 1998, the Koo-Wang meeting reached several consensuses on active cooperation on cases related to exchanges and early resumption of institutionalized talks. A cooperative campaign against crime is one of the major issues. However, a further action in joint crime control requires a more open attitude and active support from the mainland side in order to prevent people's interests from being damaged by criminal acts.

 

B. To Reach Agreements on Institutionalized Solutions

The SEF-ARATS joint agreement, signed into effect in 1993, already identified issues related to joint combat of maritime crime and robbery and mutual assistance on judicial branches of the two sides. It is hoped that through consultations on these issues that the formal channel for joint crime control can be established.

However, the mainland side has dragged on the institutionalized talks since 1995, forestalling any arrangement on this issue. Given the nature of criminal investigations, its efficacy, timeliness, and efficiency relies on a formal agreement in order to reach for a total solution. The government has prepared a draft to be presented in talks in future cross-strait exchanges to swiftly reach an agreement with the mainland side. It is undesirable to use political differences to drag down the protection for the interests of the peoples on the two sides. The government urges once again that the two sides shelve for the time being ideological conflicts and enter into pragmatic negotiations on crime control. Only by doing so can the well-being of the people of the two sides be protected, win-win relations achieved, and the security of the Asia Pacific region actually be secured.