Eight Convicted in Guang Da Xing No. 28 Case|廣大興案 我法院3年前判賠菲至今不理

Six years ago, Guang Da Xing No. 28 crew member Hung Shih-cheng was shot and killed by gunfire from the Philippine vessel in the high seas. On Sept. 18, a Philippine court convicted eight Philippine Coast Guard personnel of homicide. Over three years ago, the Pingtung District Prosecutors Office ordered the eight to pay compensation of NT$3.19 million in civil liability. They entrusted foreign affairs agencies to deliver the ruling, but has not gotten any response to date.


On Aug. 7, 2013, the Pingtung District Prosecutors Office and Philippine government released their respective findings in the investigation into the Guang Da Xing No. 28 incident and eight Philippine Coast Guard personnel were indicted. At the time, Philippine officials said they had already reached a restitution agreement with fisherman Hung Shih-cheng's family. In 2015, the Pingtung District Prosecutors Office ordered the eight defendants to pay civil liabilities of NT$3.19 million. There has been no response to date.

We can only ask them to appear. We only have the authority to enforce action on certain assets if they are in Taiwan. With regards to overseas assets, we currently still have to ask for mutual legal assistance to get any compensation.

The Pingtung District Prosecutors Office paid the sum to Hung's family before ordering the defendants to pay the amount. However, it only has jurisdiction in Taiwan and has no way to enforce the payment order. It has asked the Ministry of Foreign Affairs for help.

We will continue to maintain close contact with Philippine prosecutors and monitor future developments and progress in this case. As the judicial process is still pending, we have no further comment on other details.

The office also indicted the eight defendants on homicide charges even though it had no way to subpoena them or make them appear in court in Taiwan. On Feb. 27, 2014, the office issued warrants with a statute of limitations of 37.5 years. Unfortunately, there is little chance of the warrants resulting in anything.



2013年8月7日，屏東地檢署和菲律賓政府，同一天宣佈廣大興案調查結果，起訴8名海防隊員，當時菲方也說，已經和家屬達成賠償協議，不過之後屏東地檢署再對8名被告提出民事損害賠償，屏東法院也在2015年判決，但至今沒拿到賠償金。

屏東地院發言人表示：「就只能通知他們來履行，然後除非他們在國內法治權裡面有一些財產，我們才可以執行，國外的財產的話，我們目前還是要請求司法互助，才能夠有求償。」

屏東地院當時判賠319萬元，是屏東地檢署已經先給付洪家的犯罪被害遺屬補償金，再向被告求償。屏東地檢署拿不到賠償金，也可以依此申請強制執行，但法權只限國內，仍需外交部協助。

外交部發言人 歐江安表示：「我們會持續跟這個菲國檢方保持密切聯繫，掌握本案後續的案情發展，跟相關的進程，至於其他的細節，牽扯到後續的司法，我們就基本上不予評論。」

此外，屏東地檢署就殺人罪的刑事起訴，因法院無法傳喚8名被告到台灣出庭，在2014年2月27日發布通緝，追訴期限為37年半，但最後恐怕只能以通緝作結。