Lawyer Lai Zhongqiang (right), the convener of the Minlian think tank, pointed out that Ma Ying-jeou’s visit to the Bank of China has a red line of foreign invasion and treason that he should never cross;
[Reporter Chen Yufu/Taipei Report] Former President Ma Ying-jeou visited China, but some former prosecutors believed that because the territory of our country’s constitution still includes mainland China, but the jurisdiction is limited to Taiwan, Penghu, Jinma, and Ma Ruo talked about "one country, two systems" with Chinese people Institutional issues will not cause changes in the field in the Constitution, and it is difficult to constitute a crime under Article 104 of the "Criminal Law".
In this regard, Lai Zhongqiang, the convener of the Economic and Democratic United and a lawyer, criticized "outdated fallacies". If Ma Ying-jeou talked about "one country, two systems" with Xi Jinping, is it treason?
Former prosecutor, you are so stupid!
Lai Zhongqiang emphasized that if Ma Ying-jeou participates in this kind of negotiation, he is "colluding with the Chinese mainland government or its dispatched persons, intending to make the Taiwan territory of the Republic of China subordinate to the Chinese mainland government's rulers." Article 1 and Article 104 constitute the "crime of colluding to lose territory", and the High Prosecutor's Office should immediately investigate and arrest him after returning to China.
Lai Zhongqiang pointed out that in 2014, the investigation bureau planned to report the former vice chairman of the Mainland Affairs Council Zhang Xianyao to the Taiwan High Prosecutors Office to direct the investigation on suspicion of foreign invasion, which sparked controversy over whether China is a foreign country and whether the crime of foreign invasion can be applied.
In order to put an end to this controversy, in 2019, the Legislative Yuan passed a proposal by legislator Wang Dingyu to amend the Chapter on Offenses of Criminal Law and add Article 115-1. The person dispatched, the perpetrator who violates the provisions of each article, shall be punished according to the provisions of each article."
Lai Zhongqiang explained that, after the revision of the law, "colluding with the Chinese mainland government or its dispatched persons with the intention of subordinating the Taiwan territory of the Republic of China to the Chinese mainland government's rulers" constitutes Article 104 "colluding to lose territory".
Lai Zhongqiang criticized that Article 104 "the crime of colluding to lose territory" is not a consequential crime. As long as the perpetrator subjectively intends to make the territory of the Republic of China belong to this country or other countries, and objectively conspires with foreign countries or their dispatched persons, it is a crime. The elements of this crime do not need to result in the loss of territory.
"If you really want to lose the result of the field, will you prosecutors' offices and prosecutors still be there? Is it possible to exercise the right of prosecution?"
Lai Zhongqiang directly pointed out that Ma Ying-jeou, as the democratically elected president elected by the people of Taiwan, although he has resigned from office, his duty of loyalty to the country and the people of the community will not end when he resigns from office.
The "one country, two systems, Taiwan plan" democratic consultation between Xi Jinping and Song Tao is to eliminate the sovereignty of Taiwan, the Republic of China, and make the Taiwan territory of the Republic of China subordinate to the rule of the mainland Chinese government.