Congress urged to amend decades-old espionage law

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NATIONAL Security Adviser Eduardo Año yesterday said the arrest of an alleged Chinese spy and his two Filipino cohorts in Makati City last Friday serves as a “stark reminder” of the threats to the country, as he urged lawmakers to amend the Espionage Act and to pass the Countering Foreign Interference and Malign Influence bill.

At the Senate, deputy minority leader Risa Hontiveros said it is high time that the chamber “enhance” the decades-old anti-espionage law.

The three suspects – Chinese Yuanqing Deng and Filipinos Jayson Amado Fernandez and Ronel Jojo Balundo Besa — were apprehended at a condominium in operations conducted by the NBI in cooperation with the military.

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Año said the three were “actively engaged in sophisticated surveillance, espionage, and intelligence gathering activities in the country.”

He commended the Armed Forces, the NBI and the intelligence community for their “vigilance and effective operations” that led to the arrest.

“The arrest of these individuals is a stark reminder of the persistent threats posed by foreign interference and malign influence to the country,” said Año.

“In light of these developments, we urge Congress to prioritize the passage of the amendments to the Espionage Act as well as the Countering Foreign Interference and Malign Influence bill,” said Año.

The espionage law or the Commonwealth Act No. 616 (An Act to punish espionage and other offenses against the national security) is effective only in times of war.

In July last year, Defense Secretary Gilberto Teodoro Jr appealed to Congress to amend the law to make it effective even in times of peace amid reports of Chinese espionage in the country.

Año said strengthening the country’s legal framework is needed to effectively address evolving security threats and “to ensure that those who seek to compromise our national security will face the full force of the law.”

He asked the public to remain vigilant and report to the police or intelligence agencies “suspicious activities” that may compromise security.

‘ORCHESTRATED MOVE’

In Camp Aguinaldo, Navy spokesman for the West Philippine Sea Rear Admiral Roy Vincent Trinidad said “there seems to be an orchestrated move by a foreign power to gather critical information in the maritime domain and on critical government infrastructures.”

Apart from the arrest of the Chinese, Trinidad noted the recovery of a suspected Chinese underwater drone in Masbate last month, and arrest of Chinese nationals with fake Philippine identification cards and birth certificates, and a local chief executive with “dubious character,” referring to former Bamban, Tarlac mayor Alice Guo.

“If we look at the entire expanse of the country, covering the different instruments of national power and start connecting the dots, there seems now to be a deliberate and calculated move to map out the country by a foreign power,” he said.

Trinidad said the military is looking into this “and we are taking appropriate action.”

Asked if the military believes China’s espionage in the country is continuing, Trinidad said, “Efforts to collect information by a foreign power, these are ongoing activities among different countries.”

“If you want to take advantage to advance your national interest, you need information about the other country, whether political information, economic information or military information. So those are continuing,” he said.

“If you cannot get it through open source or diplomatic channels, you do it discretely,” he added.

On whether the arrest of the Chinese national was just the tip of the iceberg, Trinidad said, “Definitely. That’s why it’s important for our countrymen to be vigilant because the enemy here is not our fellow Filipinos, NPA (New People’s Army) who have lost their way. The enemy here is already a foreign power.

DECADES-OLD LAW

Hontiveros, in a statement, said she has long warned about the possible presence of Chinese spies in the country amid escalating tension between Manila and Beijing at the West Philippine Sea.

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“While the Chinese Coast Guard’s ‘monster ship’ keeps on coming back to our territorial waters in the West Philippine Sea, the government must make sure that we will not be surrounded by spies,” she said in Filipino.

She said foreigners, especially Chinese, have taken advantaged for their seamless entry to the country through the Visa Upon Arrival program of the Bureau of Immigration, which has also led to corruption via the “Pastillas scam.”

“A lot of Chinese nationals have entered the country without proper immigration check through this scheme,” she added.

Hontiveros had led Senate investigations on the Pastillas Scam, wherein Chinese nationals give “grease money” to corrupt immigration officers for their unchecked entry to the country via the Visa Upon Arrival Scheme.

Hontiveros’ investigations also led to the discovery of the anomalies in the Philippine Offshore Gaming Operators (POGO) industry such as irregularities in late birth registration of Chinese nationals to become Filipino citizens, like in the case of dismissed Bamban, Tarlac Mayor Alice Guo whose Chinese name is Guo Hua Ping.

The investigation of the Committee on Women chaired by Hontiveros found out that Guo was an “agent of influence,” according to the National Intelligence Coordinating Agency.

“Allegations of self-confessed Chinese spy She Zhijiang that Guo is a fellow spy have also not been put to rest. Government must continue to exhaust all efforts to reach out to She and obtain information so crucial for our security,” Hontiveros said.

The NBI said the Chinese arrested in Makati last Friday with his two alleged cohorts is affiliated with the People’s Liberation Army (PLA) of China and the University of Technology which is controlled by the PLA.

The arrest stemmed from information provided by the Armed Forces last month, detailing a naval intelligence report about Chinese spies surveying sensitive military sites and commercial establishments in the country.

The suspects were in possession of maps and electronic devices capable of creating third image of a target structure during their arrest. – With Raymond Africa

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