Taiwanese lawmakers are advancing stricter rules to enforce Military Loyalty, proposing prison sentences for soldiers pledging allegiance to the enemy. Moreover, Military Loyalty has become a major concern after reports surfaced of soldiers cooperating with Chinese operatives. Consequently, these incidents have fueled debates on national security and the limits of soldiers’ freedoms.
Democratic Progressive Party legislators, led by Wang Ting-yu and Wang Yi-chuan, proposed amending Article 24 of the Criminal Code of the Armed Forces. They want to punish any expression of loyalty to a foreign hostile force with two to seven years in prison. Furthermore, planning such acts would carry one to five years. The legislators stressed that Military Loyalty is absolute, and soldiers cannot justify disloyalty through freedom of speech.
The proposal follows a 2023 case in which army Colonel Hsiang Te-en allegedly pledged allegiance to China and received payment to act as a spy. In addition, retired lieutenant Shao Wei-chiang recruited him. Hsiang signed a pledge to serve China in case of conflict across the Taiwan Strait. Other incidents include soldiers waving Chinese flags while in uniform. As a result, these actions led to convictions under the National Security Act.
Lawmakers emphasized that all soldiers, regardless of rank or wartime status, must remain loyal to Taiwan, defend the nation, and protect citizens. However, surrendering without resistance or expressing disloyalty damages Military Loyalty and undermines public confidence in the military.
Legal experts criticized the Ministry of National Defense’s draft, which requires proof of harm to military interests. Lawyer Yang Chung-ting called this approach a toothless tiger, arguing it leaves loopholes for those who betray Military Loyalty. Similarly, Shen Ming-shih from the Institute for National Defense and Security Research said courts often lack expertise in national security cases. Therefore, he recommended clearer legal definitions and stricter enforcement.
Observers also said Taiwan must explicitly define China as a hostile force to protect Military Loyalty. Moreover, current sentences for spies remain too lenient compared with the potential damage they cause. In conclusion, lawmakers and the ministry need to agree on legislation to prevent further breaches and ensure military personnel uphold national security.
