Chou Hung-hsu espionage case

Chou Hung-hsu espionage case
Date9 March 2017 – 21 March 2019
Location
  • Taiwan
ParticipantsChou Hung-hsu
OutcomeConvicted of attempting to develop an organization for mainland Chinese authorities

The Chou Hung-hsu espionage case, also known as the Chou Hung-hsu Chinese spy case, was the first alleged Chinese mainland student espionage case investigated by the Taipei District Prosecutors Office in Taiwan. Chou Hung-hsu was accused of attempting to recruit an official of the Ministry of Foreign Affairs (Taiwan)of the Republic of China (Taiwan) to provide intelligence, but the official instead reported the approach to authorities.[1]Chou was arrested by the National Security Maintenance Division of the Ministry of Justice Investigation Bureau on 9 March 2017 and was placed in incommunicado detention beginning the following day.[2]In May, the court approved a two-month extension of his detention and communication restrictions.[3]

In January 2018, the Taipei District Prosecutors Office announced that its investigation had obtained twelve files of evidence, including materials related to the "Spark T Project," and additionally brought charges in what became known as the Wang Ping-chung case.[4]All parties implicated in the contents denied the prosecution's allegations.[5]

In the case concerning Chou's attempt to recruit Taiwanese diplomatic personnel and establish an intelligence organization in Taiwan, the Supreme Court（Taiwan） found him guilty and sentenced him to one year and two months in prison. In a separate case involving his alleged attempts to recruit Wang Ping-chung and other members of the New Party Youth Corps for intelligence activities, the court acquitted the defendants due to insufficient evidence.

Chou initially denied the charges. After four months of incommunicado detention, he confessed and pleaded guilty on 6 July 2017. Upon concluding its investigation, the Taipei District Prosecutors Office indicted him for violating the National Security Act and requested a reduced sentence based on his confession.[6]

On the afternoon of 6 July 2017, Chou was transferred to the Taipei District Court on charges of "attempting to develop organizations for political or other official institutions in the Mainland Area" under the National Security Act. During court proceedings, Chou stated that "I feel that personnel from the Investigation Bureau took advantage of my desire for freedom to make me plead guilty."[7][8] The judge rejected his argument, ruling that Chou had no family members in Taiwan and remained at risk of colluding with accomplices or witnesses or fleeing. He was ordered detained for three more months[9] and prohibited from receiving visitors or communicating with others.[10]

On 15 September 2017, the Taipei District Court declined to admit his courtroom confession, relying instead on statements made during his incommunicado detention, and sentenced him to one year and two months' imprisonment without suspension under the National Security Act. After sentencing, the presiding judge ordered the lifting of the communication restrictions imposed on Chou.[11] Both Chou and the Taipei District Prosecutors Office appealed, and the case was transferred to the Taiwan High Court.[12]

In March 2019, the Supreme Court（Taiwan）upheld the second-instance sentence of one year and two months. The prosecutors' request to consolidate the case with allegations involving the recruitment of members of the New Party（Taiwan） Youth Corps was rejected because the court considered the two cases to involve different patterns of conduct, leaving the latter to be investigated separately by the Taipei District Prosecutors Office. The Supreme Court （Taiwan）also dismissed the appeals filed by both Chou and the prosecutors on the grounds that they merely disputed factual findings rather than raising legal issues. Because the time Chou had already spent in detention was equivalent to his sentence, the High Court released him under the supervision of his lawyer, subject to restrictions on leaving the country and changing residence, and required him to report to a police station daily.[13][14]

On 28 April 2021, the Taiwan Taipei District Courtacquitted Chou Hung-hsu and five others, includingWang pingcun, although Chou remained subject to an exit ban.[15] The verdict was appealable.[16] On 13 May 2022, the Taiwan High Court upheld the acquittals of all five defendants at the second instance but extended Chou's travel restriction until 22 November 2022.[17]

Case developments

Incident

While studying in Taiwan, Chou Hung-hsu became acquainted with a young official from the Ministry of Foreign Affairs（Taiwan） of the Republic of China (Taiwan). Through WeChat, Chou repeatedly inquired whether the official was willing to join an "organization" and attempted to recruit him to deliver classified diplomatic information in Japan. In return, Chou allegedly offered a free trip to Japan and an unspecified amount of U.S. dollars. In February 2017, Chou entered Taiwan under the identity of a director of "Taiwan Yongming International Company" and met with the official in person, but the official reported the approach to the authorities.[18]

Arrest

Taiwan Taipei District Court and Taiwan Taipei District Prosecutors Office

On 9 March 2017, the Taipei District Prosecutors Office directed the National Security Division of the Ministry of Justice Investigation Bureau to search Chou's rented residence in Taipei. Investigators seized his mobile phone and laptop to examine communication records and arrested him. On 10 March, a judge ordered that he be held incommunicado.[19]

On the same day Chou was detained, prosecutors notified the authorities in mainland China in accordance with the Cross-Strait Joint Crime-Fighting and Judicial Mutual Assistance Agreement. Chou was permitted to meet with legal counsel during his detention and was protected under Taiwanese law.[20]Taiwanese media reported that Chou had "voluntarily declined legal representation" and described him as "very calm and composed" and "somewhat familiar with Taiwan's legal system."[21]

On 11 April, Mainland Affairs Council Minister Katharine Chang held an international press conference and stated that the Taiwanese government had informed mainland Chinese authorities within 24 hours, but that Chou's family had not requested permission to visit him in Taiwan.[22][23]

Indictment

The Taipei District Prosecutors Office indicted Chou for violating the National Security Act on charges of "attempting to develop organizations for political or other official institutions in the Mainland Area."[24]

The maximum penalty under the National Security Act was five years' imprisonment.[1]Considering that Chou had confessed during the investigation, prosecutors requested that the court reduce his sentence in accordance with relevant provisions.[25]

Retraction of confession

On the afternoon of 6 July 2017, Chou and the case files were transferred to the Taipei District Court, where the case was assigned to Judge Lin Yen-cheng. After reviewing the files, the judge held a hearing at 4:30 p.m. Following more than an hour of proceedings, the judge concluded that there was strong suspicion of criminal conduct and that inconsistencies remained in Chou's statements. Since Chou had no household registration in Taiwan and posed a flight risk, the court ordered that he remain in incommunicado detention.[26]

On 2 January 2018, the Taipei District Prosecutors Office filed additional charges against Chou based on the results of its investigation into the "Spark T Project," which prosecutors alleged had been directed by Chou.[27][28][29]

Judgment and additional indictment

On 14 March 2019, after the Supreme Court（Taiwan）dismissed Chou's appeal, the conviction from the first and second instances concerning his failed attempt to recruit a diplomatic official became final. He was sentenced to one year and two months' imprisonment for attempted organizational development under the National Security Act.[30]However, because the time he had already spent in detention was equivalent to his sentence, he was not required to return to prison.[31]

In April 2019, the Taipei District Prosecutors Office additionally indicted Chou in connection with allegations that he had attempted to recruit Wang Ping-chung.[32]

On 28 April 2021, the Taipei District Court acquitted Chou Hung-hsu and five others, including Wang Ping-chung. The ruling remained subject to appeal.[16] On 13 May 2022, the Taiwan High Court upheld the acquittal on second appeal.[17]

Exit restrictions

Despite being acquitted in April 2021, Chou remained subject to restrictions on leaving Taiwan by air or sea. The restrictions were extended for two months until 22 July 2021,[15][33] and in July the High Court ordered a further eight-month extension.

Chou subsequently petitioned for a constitutional interpretation, arguing that the restrictions violated his right to freedom of residence and movement. On 10 September, the Justices of the Constitutional Court declined to hear the case, ruling that the petition failed to satisfy procedural requirements.[34]

On 13 May 2022, the Supreme Court（Taiwan）again extended Chou's exit ban until 22 November 2022.[35]

Protection and Security Act

After six months of drafting by the Ministry of Justice and the Investigation Bureau, the Republic of China's first proposed Protection and Security Work Act was completed on 9 January 2017.[35] On 8 March 2017, provisions of the draft law were leaked ahead of its formal introduction.[36][37][38]

Mainland Chinese education authorities urging caution over studying in Taiwan

Main article:Mainland Chinese students in Taiwan

Education bureaus in some counties and districts in mainland China instructed schools to individually notify students admitted to Taiwanese universities that "the current cross-strait situation is severe, complicated, and sensitive, and we hope that you will carefully reconsider your decision to study at Taiwanese institutions." Pi Tzu-an, Director-General of the Department of International and Cross-Strait Education of Taiwan's Ministry of Education, stated that the information mainly originated from provinces such as Fujian and Jiangsu, but said that the measures appeared to be actions taken by individual provinces, municipalities, or schools rather than directives issued by the central government of mainland China.[39]

Lee Ming-che case

Main article: Lee Ming-che

One week after Chou Hung-hsu was placed in incommunicado detention, the Lee Ming-che case occurred.[40] Some commentators viewed the incident as a strong response by the mainland Chinese government to the Chou Hung-hsu case.[41] On 30 March 2017, Taiwanese political commentator Tang Hsiang-lung wrote in an opinion piece for NOWnews that "Lee Ming-che will probably remain in mainland China for some time. How long? That depends first on how long Chou Hung-hsu is kept in detention in Taiwan."[42]

References

  1. 1 2 Wu, Zheng-feng. "中諜案多獲輕判 學者籲修《國安法》" [Most espionage cases result in lenient sentences; scholars call for amendments to the National Security Law.].
  2. ↑ "共諜案疑空中串證 被收押的周泓旭改為「收押禁見」" [Suspected of colluding on testimony while in custody, Zhou Hongxu—implicated in a PRC espionage case—has been placed under "detention with no visitation" (incommunicado detention).]. Archived from the original on 2018-03-28. Retrieved 2026-06-19.
  3. ↑ "陸生共諜案 周泓旭延押兩個月" [Mainland Student Espionage Case: Zhou Hongxu's Detention Extended by Two Months]. 中時新聞網 (in Chinese (Taiwan)). 2017-05-08. Retrieved 2026-06-19.
  4. ↑ 楊佩琪 (2018-01-02). "共諜案「星火T計畫」揭密　硬碟藏12檔案扯進王炳忠3人" [Details Revealed on "Project Spark T" Espionage Case: 12 Files Found on Hard Drive Implicate Wang Bing-chung and Two Others]. www.ettoday.net (in Traditional Chinese). Retrieved 2026-06-19.
  5. ↑ "檢：周泓旭吸收王炳忠3人 涉違國安法" [Prosecutors: Zhou Hongxu recruited Wang Bing-chung and two others; case involves alleged violation of National Security Act.]. 中央社 CNA (in Chinese). 2018-01-02. Retrieved 2026-06-19.
  6. ↑ "【陸生共諜案】周泓旭自白認罪今偵結　檢請法院減輕處刑" [[Mainland Student Espionage Case] Zhou Hongxu Confesses; Investigation Concludes Today; Prosecutors Request Leniency]. www.upmedia.mg (in Chinese). Retrieved 2026-06-19.
  7. ↑ "陸生共諜案！周泓旭收買外交官失敗　北院判1年2月" [Mainland Student Espionage Case: Zhou Hongxu Sentenced to 1 Year and 2 Months After Failed Attempt to Bribe Diplomat]. www.setn.com (in Chinese). 2017-09-15. Retrieved 2026-06-19.
  8. ↑ "首宗中國學生共諜案 北院一審判刑1年2月" [First Espionage Case Involving a Chinese Student: Taipei District Court Hands Down 14-Month Sentence in First Trial]. 世界民報 (in Traditional Chinese). 2017-09-15. Retrieved 2026-06-19.
  9. ↑ 陳曉 (2017-07-07). "【共諜案】陸生周泓旭遭起訴 法官裁定續押禁見三個月" [[Mainland Spy Case] Mainland Student Zhou Hongxu Indicted; Judge Orders Continued Detention and Incommunicado Status for Three Months]. 香港01 (in Chinese (Hong Kong)). Retrieved 2026-06-19.
  10. ↑ 自由時報電子報 (2017-07-06). "中生共諜周泓旭翻供 「潛逃可能性高」續押" [Mainland student and alleged spy Zhou Hongxu retracts confession; detention extended due to "high risk of flight."]. 自由時報電子報 (in Chinese (Taiwan)). Archived from the original on 2025-04-24. Retrieved 2026-06-19.
  11. ↑ 自由時報電子報 (2017-09-15). "首宗中國學生共諜案 周泓旭判刑1年2月" [Zhou Hongxu sentenced to 1 year and 2 months in prison in first espionage case involving a Chinese student.]. 自由時報電子報 (in Chinese (Taiwan)). Archived from the original on 2025-07-08. Retrieved 2026-06-19.
  12. ↑ "共谍案遭判刑　周泓旭及北检提上诉" [Zhou Hongxu and the Taipei District Prosecutors Office file appeals following sentencing in Communist spy case.]. news.stnn.cc (in Chinese (China)). Archived from the original on 2017-09-30. Retrieved 2026-06-19.
  13. ↑ 自由時報電子報 (2019-03-21). "中生共諜周泓旭前案判決定讞 吸收王炳忠案再遭限制出境" [Final ruling issued in the case of mainland Chinese student and alleged spy Zhou Hongxu; he faces renewed travel restrictions due to the Wang Bing-chung recruitment case.]. 自由時報電子報 (in Chinese (Taiwan)). Archived from the original on 2025-04-24. Retrieved 2026-06-19.
  14. ↑ 中央通訊社 (2019-03-14). "周泓旭共諜案 判刑1年2月定讞" [Zhou Hongxu Spy Case: 14-Month Prison Sentence Upheld]. 中央社 CNA (in Chinese). Retrieved 2026-06-19.
  15. 1 2 聯合新聞網. "陸生周泓旭涉新黨共諜案一審無罪仍境管 無法打陸疫苗" [Mainland student Zhou Hongxu, acquitted in the first trial of the New Party espionage case, remains under an exit ban and is unable to receive a mainland-made vaccine.]. 聯合新聞網 (in Chinese (Taiwan)). Archived from the original on 2021-12-09. Retrieved 2026-06-19.
  16. 1 2 聯合新聞網. "新黨「共諜案」 王炳忠、侯漢廷5人全獲判無罪" [New Party "CCP Spy Case": Wang Bing-chung, Hou Han-ting, and three others all acquitted.]. 聯合新聞網 (in Chinese (Taiwan)). Archived from the original on 2021-04-30. Retrieved 2026-06-19.
  17. 1 2 中央通訊社 (2022-05-13). "王炳忠侯漢廷等人涉國安法獲無罪 二審：檢方舉證不足" [Wang Bing-chung, Hou Han-ting, and others acquitted of National Security Act charges; appellate court cites insufficient evidence from prosecution.]. 中央社 CNA (in Chinese). Retrieved 2026-06-19.
  18. ↑ "大陆毕业生涉嫌"共谍"罪遭起诉" [Mainland graduate indicted on charges of acting as a "CCP spy"]. dw.com (in Chinese). Retrieved 2026-06-19.
  19. ↑ "陆生共谍案 周泓旭延押禁见两个月" [Mainland Student Espionage Case: Zhou Hongxu’s Detention Extended by Two Months with No Visitation Allowed]. www.zaobao.com.sg (in Simplified Chinese). Retrieved 2026-06-19.
  20. ↑ "一張圖看「周泓旭案與李明哲案之比較」　兩岸處理大不同" [A Comparison of the Zhou Hongxu and Lee Ming-che Cases at a Glance: Vastly Different Approaches Across the Strait]. 蘋果日報 (in Chinese (Taiwan)). Archived from the original on 2017-09-20. Retrieved 2026-06-19.
  21. ↑ 自由時報電子報 (2017-07-06). "中生共諜案偵結 周泓旭涉違國安法起訴" [Investigation into Mainland Student Spy Case Concluded; Zhou Hongxu Indicted for Violating National Security Law]. 自由時報電子報 (in Chinese (Taiwan)). Archived from the original on 2025-04-24. Retrieved 2026-06-19.
  22. ↑ "我方依機制通報周泓旭共諜案 陸委會：陸方至今不依協議通報" [We notified the mainland of the Zhou Hongxu espionage case in accordance with established mechanisms; the Mainland Affairs Council states that the mainland side has yet to provide notifications as stipulated by the agreement.] (in Chinese). Retrieved 2026-06-19.
  23. ↑ "國家安全法 2-1-全國法規資料庫入口網站" [National Security Act 2-1 – Laws & Regulations Database of The Republic of China (Taiwan) Portal Site]. law.moj.gov.tw. Archived from the original on 2017-12-23. Retrieved 2026-06-19. 人民不得為外國或大陸地區行政、軍事、黨務或其他公務機構或其設立、指定機構或委託之民間團體刺探、蒐集、交付或傳遞關於公務上應秘密之文書、圖畫、消息或物品，或發展組織。 [No person shall—for or on behalf of administrative, military, party, or other official agencies of a foreign state or the Mainland Area, or for organizations established, designated, or commissioned by them—spy for, collect, deliver, or transmit documents, drawings, information, or objects that are required to be kept confidential in the course of official duties, nor shall any person develop an organization for such purposes.]
  24. ↑ "陸生涉共諜案／起訴後翻供 周泓旭續押禁見" [Mainland Student Implicated in Espionage Case: Retracts Confession After Indictment; Remains Detained Incommunicado]. LINE TODAY (in Chinese). Retrieved 2026-06-19.
  25. ↑ 中央通訊社 (2017-07-06). "周泓旭涉共諜案 北檢起訴" [Taipei Prosecutors Indict Zhou Hongxu in Alleged Communist Spy Case]. 中央社 CNA (in Chinese). Retrieved 2026-06-19.
  26. ↑ 中时新闻网 (2017-07-07). "自白认罪又翻供 周泓旭续押" [Zhou Hongxu Remanded in Custody After Retracting Confession]. 中时新闻网 (in Chinese (China)). Retrieved 2026-06-19.
  27. ↑ "「共諜」價碼曝光？新黨堅稱王炳忠「只是證人」" [Price tag for "CCP spy" role revealed? New Party insists Wang Bing-chung is "merely a witness."]. BBC News 中文 (in Traditional Chinese). Retrieved 2026-06-19.
  28. ↑ "周泓旭「共諜」價目表曝光！加粉友3K、見面1萬、私約談心5萬" ["Communist Spy" Price List for Zhou Hongxu Exposed: 3,000 to Add a Contact, 10,000 for a Meeting, 50,000 for a Private Heart-to-Heart.].
  29. ↑ 楊佩琪 (2018-01-02). "共諜案「挖出來、打進去」　價目曝光！臉友3千談心5萬" [Communist Spy Case: "Digging Up" and "Infiltrating"—Price List Revealed! 3,000 for Social Media Interaction, 50,000 for Deepening the Relationship.]. www.ettoday.net (in Traditional Chinese). Retrieved 2026-06-19.
  30. ↑ 中时新闻网 (2017-07-07). "自白认罪又翻供 周泓旭续押" [Zhou Hongxu Remanded in Custody After Retracting Confession]. 中时新闻网 (in Chinese (China)). Retrieved 2026-06-19.
  31. ↑ 中央通訊社 (2019-03-14). "周泓旭共諜案 判刑1年2月定讞" [Zhou Hongxu Spy Case: 14-Month Prison Sentence Upheld]. 中央社 CNA (in Chinese). Retrieved 2026-06-19.
  32. ↑ 劉昌松 (2019-05-08). "涉共諜案被追加起訴　周泓旭銀聯卡不能領錢也不能回家". www.ettoday.net (in Traditional Chinese). Retrieved 2026-06-19.
  33. ↑ 自由時報電子報 (2021-11-29). "共諜案攻防戰》周泓旭聲請高院合議庭3法官應迴避 高院裁定駁回" [Spy Case Legal Battle: Zhou Hongxu Moves for Recusal of Three High Court Panel Judges; Motion Rejected]. 自由時報電子報 (in Chinese). Archived from the original on 2022-05-30. Retrieved 2026-06-19.
  34. ↑ 中央通訊社 (2021-09-10). "涉共諜案被限制出境 周泓旭聲請釋憲被不受理v" [Zhou Hongxu, barred from leaving Taiwan due to a suspected espionage case involving the CCP, had his petition for a constitutional interpretation dismissed.]. 中央社 CNA (in Chinese). Retrieved 2026-06-19.
  35. 1 2 中央通訊社 (2022-05-13). "王炳忠侯漢廷等人涉國安法獲無罪 二審：檢方舉證不足" [Wang Bing-chung, Hou Han-ting, and others acquitted of National Security Act charges; appellate court cites insufficient evidence from prosecution.]. 中央社 CNA (in Chinese). Retrieved 2026-06-19.
  36. ↑ 自由時報電子報 (2017-03-10). "保防法草案遭批人二復辟 林全：已退回" [Draft Security and Defense Act Criticized as Revival of "Personnel Security Offices"; Lin Chuan: It Has Been Sent Back]. 自由時報電子報 (in Chinese). Archived from the original on 2022-12-08. Retrieved 2026-06-19.
  37. ↑ 阿鴻中醫藥電台 (2017-03-09). 106.03.10阿鴻無所不談。看到「國家保防工作法」草案 法界嚇壞了！. Retrieved 2026-06-19 – via YouTube.
  38. ↑ "保防法踩紅線　府院打臉調查局" [Proposed Security Protection Act Crosses Red Line; Presidential Office and Executive Yuan Rebuke Investigation Bureau]. 蘋果日報 (in Chinese (Taiwan)). Archived from the original on 2017-09-21. Retrieved 2026-06-19.
  39. ↑ "「當前兩岸形勢嚴峻……」網傳中國勸阻陸生來台 教育部：是「提醒」不是「禁止」" ["The current cross-strait situation is grave..." Online rumors claim China is discouraging mainland students from coming to Taiwan; Ministry of Education clarifies: It is a "reminder," not a "ban."]. Yahoo News (in Chinese). 2017-08-05. Retrieved 2026-06-19.
  40. ↑ 莊智勝 (2017-03-30). "想交換共諜？李明哲、周泓旭都「涉國家安全」…2人被逮差10天" [A potential swap of alleged spies? Both Lee Ming-che and Chou Hung-hsu are implicated in national security cases—and were arrested just 10 days apart.]. www.ettoday.net (in Traditional Chinese). Retrieved 2026-06-19.
  41. ↑ 王宗偉. "王宗偉觀點：看見李明哲 想起周泓旭─兩岸互相抓人案背後的對峙格局" [Wang Zongwei’s Perspective: Seeing Lee Ming-che Brings Zhou Hongxu to Mind—The Standoff Underlying the Cross-Strait Tit-for-Tat Detentions]. www.storm.mg (in Chinese). Retrieved 2026-06-19.
  42. ↑ NOWnews今日新聞 (2017-03-30). "名家論壇》唐湘龍／李明哲當然會有事" [Expert Forum | Tang Hsiang-lung: Li Ming-che Will Certainly Face Consequences]. NOWnews今日新聞 (in Chinese). Retrieved 2026-06-19.
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