CROSS-STRAIT CRIMES
URGENT NEED FOR Joint Campaign Against Crimes ACross the Taiwan Straits
March 1999
BACKGROUND ON CROSS-STRAIT CRIME
A.
Drug TraffickingLaw 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 ROCsource
:Investigation Bureau, Ministry of Justice, ROCunit
:kilogramItem 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 ROCsource
:Criminal Police Officeunit
:pieceCategory 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 1998Category |
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 Boatsof 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 GOVERNMENT
’S POSITIONA. 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.