Statement | Zero Tolerance for Sovereignty Aggression: JRF's Statement on the China Taiwan Affairs Office's Infringement upon Taiwan's Judicial Sovereignty

On January 7, China's Taiwan Affairs Office (TAO) announced that Minister of the Interior Liu Shyh-fang and Minister of Education Cheng Ying-yao had been placed on its list of "diehard Taiwan independence advocates," while Chen Shu-yi, a prosecutor at the Taiwan High Prosecutors Office, was designated an "enforcer and accomplice of Taiwan independence." The Judicial Reform Foundation (JRF) believes that this action by the Chinese government constitutes not merely intimidation and harassment targeting individual Taiwanese government officials, but also political interference with Taiwan's judicial sovereignty. Based on international human rights norms and the principles of a free and democratic society governed by the rule of law, the JRF strongly condemns China's judicial intimidation and puts forward the following two demands to safeguard Taiwan's judicial sovereignty:

1. Strongly condemn China's use of judicial intimidation against Taiwan and safeguard Taiwan's free and democratic constitutional order.

2. Call on the government to establish effective prevention and response mechanisms consistent with human rights standards to safeguard judicial independence and human rights.

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1. Strongly condemn China's use of judicial intimidation against Taiwan and safeguard Taiwan's free and democratic constitutional order

China's Taiwan Affairs Office recently designated Taiwanese government officials as "diehard Taiwan independence advocates" and "enforcers and accomplices of Taiwan independence," while claiming that they would be "held accountable for life in accordance with the law." This egregious conduct is not unprecedented.

In March 2025, Prosecutor Lin Ta, a spokesperson for the Jianqing Prosecutorial Reform Group who has investigated the Chinese Unification Promotion Party and advocated reforms to national security legislation, as well as Prosecutors Lin Chun-yen and Lin Chun-ting, who handled the Ko Wen-je Core Pacific City case, were similarly named by China's Taiwan Affairs Office as "enforcers and accomplices of Taiwan independence." To date, four prosecutors have been publicly named, intimidated, and harassed by China.

The JRF believes that such actions not only interfere with Taiwan's judicial sovereignty, but may also create a chilling effect among Taiwan's judicial personnel and affect the lawful performance of their duties. The Taipei Bar Association likewise issued a statement on January 12, calling on all sectors of society to recognize the importance of judicial independence and the rule of law and to stand together in support of judicial personnel performing their duties in accordance with the law, free from any form of external political pressure.

Against this background, the JRF maintains that government agencies and society as a whole must recognize the nature of such interference in another jurisdiction's judicial and political affairs. By employing long-arm jurisdiction to restrict the political freedoms of people beyond its borders, attempting to create an extraterritorial chilling effect, or interfering with judicial independence and political activities outside its territory, China engages in conduct that the JRF believes not only contravenes relevant norms of international law, but also constitutes an open challenge to and infringement upon Taiwan's sovereignty.

Moreover, China's interference with Taiwan's sovereignty is not an isolated occurrence. Rather, it has taken the form of long-term and systematic measures intended to diminish and suppress Taiwan's sovereign status and its legal personality under international law.

The Ministry of Foreign Affairs (MOFA) and the Mainland Affairs Council (MAC) have pointed out that China has repeatedly used state institutions or their agents to plan, direct, and carry out various forms of interference targeting Taiwan's sovereignty. Such measures seek to intimidate or silence dissenting expression, human rights advocacy, political positions, and judicial activities undertaken by the people of Taiwan.

The forms such interference may take include "directing personnel to conduct cross-border harassment and intelligence gathering," "judicial intimidation, administrative sanctions, or criminal wanted lists," and efforts to expand claimed jurisdiction in the maritime domain.

Accordingly, when China's Taiwan Affairs Office threatens to "severely punish" or "hold accountable for life" specific Taiwanese prosecutors for lawfully performing their official duties, or labels them "enforcers and accomplices of Taiwan independence," such measures constitute a form of interference through judicial intimidation, administrative sanctions, or threatened criminal prosecution.

The JRF expresses its strongest condemnation of and protest against such conduct in order to safeguard Taiwan's free and democratic constitutional order and judicial sovereignty.

2. Call on the government to establish effective prevention and response mechanisms consistent with human rights standards to safeguard judicial independence and human rights

On January 7, MOFA issued a statement condemning the actions of China's Taiwan Affairs Office. MOFA stated that the Chinese government has repeatedly employed heavy-handed tactics of "transnational repression" and "long-arm jurisdiction" to intimidate, harass, or interfere with people from Taiwan and other countries, harming human rights, crossing the basic boundaries of the rule of law and civilized conduct, and seriously contravening the spirit of international law and international human rights norms.

The JRF believes that, although there remains room for discussion as to whether "transnational repression" is the most appropriate characterization in the Taiwan context, MOFA's statement clearly identifies China's use of state power to interfere with Taiwan's sovereignty. Such conduct not only undermines Taiwan's sovereignty and the international legal order, but may also result in violations of human rights.

Similar forms of unlawful interference by China against other countries have become an issue of significant international concern. Although the international community generally discusses the issue under the term "transnational repression," the underlying conduct involves unlawful interference in the sovereignty and domestic affairs of other countries, accompanied by infringements of individuals' fundamental rights.

Relevant international organizations and bodies—including the Group of Seven (G7), the European Parliament, the Council of Europe, and the Office of the United Nations High Commissioner for Human Rights (OHCHR)—have issued statements and reports examining the effects of such conduct on human rights and the international order and proposing measures that governments may adopt in response.

Experience from various countries indicates that such forms of foreign interference may include surveillance, intimidation, harassment, and coercion. Because these unlawful practices can be difficult to detect and investigate, governments have an even greater need to develop effective mechanisms to prevent and respond to them.

Furthermore, China's unlawful interference with Taiwan's sovereignty and domestic affairs may also involve violations of the human rights of people in Taiwan. The JRF maintains that, insofar as China's interference with Taiwan's sovereignty gives rise to human rights concerns, the state has a positive obligation to protect people within its jurisdiction from unlawful persecution by the Chinese government. Taiwan's response strategies should therefore also be developed from the perspective of human rights protection.

In this regard, the JRF believes that, in order to fulfill its human rights obligations, the Taiwanese government urgently needs to adopt institutionalized and systematic measures addressing foreign interference with Taiwan's sovereignty. Drawing on the statements and reports of the international organizations discussed above, the government should consider the following principles:

1. Establish clear legal definitions and a regulatory framework governing unlawful foreign interference with Taiwan's sovereignty.
   
2. Strengthen the ability of government agencies to recognize and identify such forms of foreign interference.
   
3. Establish a centralized reporting and monitoring mechanism for relevant cases.
   
4. Pursue accountability, in accordance with the law, for responsible states and individuals.
   
5. Provide necessary protection and support to persons targeted by intimidation or repression.
   
6. Cooperate with other countries to jointly prevent foreign interference with Taiwan's sovereignty and related human rights violations.
   

In summary, the political pressure exerted by China's Taiwan Affairs Office against Taiwanese government officials and prosecutors who are lawfully performing their duties—through public naming, intimidation, and threats of lifelong accountability—constitutes, in the JRF's view, unlawful interference with Taiwan's sovereignty. Such conduct not only contravenes international law and infringes individual fundamental rights, but also directly affects Taiwan's judicial independence and free and democratic constitutional order.

Neither the government nor society should underestimate this systematic and politicized form of judicial intimidation. Its significance extends beyond an isolated diplomatic dispute; it presents a broader challenge concerning sovereignty, human rights, the rule of law, and democratic governance.

The JRF maintains that only by adopting human rights standards, establishing institutionalized prevention and protection mechanisms, and coordinating with the international community can Taiwan effectively resist unlawful foreign interference and safeguard its free and democratic constitutional order.

Press Contacts

Lin Cheng-Ching, Legislative Research Specialist, Legal Policy Department, Judicial Reform Foundation

Phone: 02-2523-1178#14

Email: kacan@jrf.org.tw