Ex-colonel acquitted in final China spy case ruling

Taipei, July 23 (CNA) Former Air Defense Artillery colonel Hsin Peng-sheng (辛澎生) was acquitted Wednesday of charges that he tried to establish a spy network for China, after a retrial by the Taiwan High Court found insufficient evidence.

The not-guilty verdict, handed down in a third retrial, is final and cannot be appealed under Taiwan's speedy trial law.

Prosecutors alleged that Hsin arranged two all-expenses-paid overseas trips in 2009 and 2010 for Air Force Brigade Commander Hsieh Chia-kang (謝嘉康) and his family. They claimed the trips were intended to facilitate meetings with a Chinese military officer as part of efforts to build an intelligence network for Beijing.

However, the court found no evidence that Hsin had invited Hsieh to Thailand or Malaysia, revealed the identity of the Chinese official, Zhao Ming (趙明), or offered free travel.

Investigators also found no evidence that Hsin received travel benefits or compensation, or that he had any documented contact with Zhao or involvement in espionage.

Co-defendant Yang Yun-ting (楊昀庭) was also acquitted on Wednesday. She arranged travel for Hsieh's family but said she only interacted with a Chinese acquaintance surnamed Chang (張) and was unaware of Zhao's real identity.

Hsin and Yang were initially convicted by Kaohsiung's Ciaotou District Court and sentenced to six months in prison, convertible to fines.

A second trial in 2020 overturned their convictions due to insufficient evidence, but prosecutors appealed. The Supreme Court twice sent the case back for retrial.

In the second retrial in 2024, the court ruled that Zhao was likely a Chinese military officer and found Hsin and Yang had shown poor judgment regarding national security. It sentenced them to six months in prison, but stopped short of confirming espionage intent.

On appeal, the Supreme Court ruled that the lower court had not fully examined the credibility of key testimony and returned the case for further review.

The latest retrial concluded that there was insufficient evidence to prove any intent or acts of espionage, leading to a final acquittal.