A controversy involving retired Navy Captain and Major Lyu Li-shi has sparked a push for legislative reform after the former officer praised the strength of the Chinese military during a recent visit to warships in China. The incident has highlighted a significant legal loophole that currently prevents the government from penalizing retired officers below the rank of Major General for conduct that damages national dignity.
Controversial Ship Visit and “Fatherland” Comments
On April 23, coinciding with the 77th anniversary of the People’s Liberation Army Navy, Lyu Li-shi participated in a “Ship Open Day” event at a naval port in China’s Northern Theater Command. During the visit, Lyu toured the “Urumqi” and “Weifang” warships.
Although being interviewed, Lyu stated that seeing the development of the PLA allowed him to feel the “strength of the fatherland.” He further claimed that “we are one family” and that “the strength of the fatherland also represents the safety of Taiwan,” comments that have since been criticized as aligning with “united front” tactics.
The Legal Loophole: Rank Requirements
Despite the public outcry, current regulations under Article 9-3 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area only apply restrictions to retired personnel with the rank of Major General or above. Because Lyu retired as a Major, he does not fall under the current scope of the law.
This distinction means the government is currently unable to legally suspend Lyu’s pension or impose other official sanctions for his remarks. The Veterans Affairs Council has issued a statement strongly condemning the comments and expressing support for legislative changes to strengthen these regulations.
Government Push for Legislative Reform
Defense Minister Wellington Koo expressed that it is “painful and unacceptable” for retired military personnel to become targets of CCP united front operations. During a report to the Legislative Yuan’s Foreign Affairs and National Defense Committee on April 27, Koo urged the legislature to expedite the passage of an amendment.
The proposed amendment, coordinated between the Ministry of National Defense and the Mainland Affairs Council, would expand the scope of regulated personnel from “Major General and above” to include those at the rank of “Major and above” who receive a monthly pension. Koo emphasized that those receiving pensions still owe a duty of loyalty to the state.
The draft amendment was submitted to the Legislative Yuan in December of last year. If passed, the new mechanism could allow the government to stop retirement payments to individuals determined to have violated their obligations and damaged national interests.
Frequently Asked Questions
Why can’t the government currently stop Lyu Li-shi’s pension?
Under the current Act Governing Relations between the People of the Taiwan Area and the Mainland Area, restrictions and penalties for damaging national dignity only apply to retired officers of the rank of Major General or above. As a retired Major, Lyu does not meet this rank requirement.
What changes are being proposed in the new legislation?
The proposed amendment seeks to expand the range of affected officers, lowering the threshold from Major General to include all retired personnel of the rank of Major and above who receive a monthly pension.
When was the amendment draft submitted for review?
Defense Minister Wellington Koo stated that the Mainland Affairs Council submitted the draft amendment to the Legislative Yuan in December of last year.
Should the government be able to tie pension eligibility to a statutory duty of loyalty for all officer ranks?
