Captain Sued After Receiving Major Demerit for Bringing Phone into War Room on Warship, Loses Appeal

(CNA) - A Navy captain, identified by the surname Hsieh, has been given a major demerit for bringing his personal smartphone into the restricted war room of a warship while on duty at sea. Captain Hsieh's administrative lawsuit challenging the penalty was dismissed, with the Supreme Administrative Court recently rejecting his appeal, making the decision final.

The ruling stated that Captain Hsieh, formerly the supply officer of the USS Yueh Fei, part of the Navy's 146th Fleet, illegally brought a civilian smartphone into the ship's restricted area, the "war room," and used it on the morning of January 3, 2024. Following an investigation, the fleet imposed a major demerit penalty on Captain Hsieh in April of the same year, in accordance with the Act Governing the Punishment of Military Personnel and regulations on cybersecurity for the armed forces.

Captain Hsieh argued that he did not bring his phone into the restricted area and that his phone had no signal at sea, thus posing no cybersecurity risk. He claimed he needed to use the war room's telephone to urgently contact the finance and payroll officer regarding cross-fiscal-year financial and salary matters. He stated he entered the war room, used the telephone, and left immediately, emphasizing that it was his first time in the war room and he was unaware of the regulations.

The fleet countered that Captain Hsieh took out his phone while in the war room to contact someone for official business, was immediately discovered by a corporal, and corrected by the watch officer, after which Captain Hsieh put his phone back into his uniform.

The fleet emphasized that a month prior to the incident, a directive strictly prohibiting mobile phones in restricted areas like the war room had been disseminated. Furthermore, Captain Hsieh had signed a notice regarding mobile phone usage upon reporting to the ship, indicating he was well aware of the regulations.

The first instance court, the Kaohsiung High Administrative Court, found that the entrance to the USS Yueh Fei's war room had signs prohibiting mobile phones and a locker for storage. The cybersecurity officer had indeed disseminated related prohibitions in the official group chat a month before the incident.

The first instance judge reasoned that Captain Hsieh had served for over 13 years, and cybersecurity regulations are a key focus of military dissemination. His defense of being a "non-combat department officer and unaware of the regulations" was clearly an attempt to shirk responsibility.

The first instance collegiate bench considered that Captain Hsieh had signed the "Reminder Notice for Military Personnel on the Use of Civilian Communication and Information Devices within Barracks" upon his transfer to the USS Yueh Fei, yet still brought his phone into the restricted area without permission. The fleet's disciplinary review meeting was conducted legally, and its discretion was not improper, leading to the dismissal of his lawsuit. Captain Hsieh appealed, but the Supreme Administrative Court rejected his appeal on June 18, making the case final. (Editor: Li Hsi-chang) 06201150

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