The written verdict in Chinese Nationalist Party (KMT) presidential candidate Ma Ying-jeou's (
Since the reasons for the innocent verdict are both conflicted and forced, Ma should face a second test in court. Even if he is found innocent in the second trial, the nation will have a hard time forgiving him for using his special mayoral allowance for his own personal use.
Since the red-clad anti-President Chen Shui-bian (
The verdict gives two main reasons for Ma's innocence: That the special mayoral allowance is a substantial subsidy, and that Ma had no criminal intent. The principal charge under which prosecutor Hou Kuan-jen (
One important criteria for establishing if Ma was guilty of embezzlement was whether he had criminal intent while attempting to defraud public funds. Of course, Ma's defense tried to demonstrate that this was not the case.
Therefore, Ma unfortunately lied after he was indicted, forcefully saying that he had never said the allowance was public funds. Rather, he repeatedly emphasized that he had always seen it as part of his salary. If the judges accept that the allowance was not public funds, and believe Ma's assertion that it was a substantial subsidy, then the foundations constituting embezzlement vanish.
The verdict described in great detail the history and evolution of the allowance. It even referred to public funds during the Song dynasty, as if the Taipei mayoral allowance originated from it. As it says, from 1952 until 1973, all the receipts had to be verified and written off. From 1973 until last year, only half of them had to be. Since the scandal broke this year, all the receipts must once again be inspected.
The ruling explains at great length that the allowance is a substantial subsidy for government heads. But it also says that since 1952, no matter what the verification rules were, the allowance had to be spent on public causes. The allowance was not established as a subsidy for government heads, but to assist them with their public expenses. As to the manner of inspection of receipts, the only difference was how strictly the oversight was managed, not whether it took place.
But a large portion of the verdict is dedicated to defending Ma. It is a one-sided exoneration, and a most strangely written judgment. It says that officials have the right to use half of the subsidy as they like without receipts. When officials produce the receipts, in fact they have already completed the verification process because the accounting and auditing departments won't determine the use of the funds out of respect for governmental authority.
But to conform to the original intent of the allowance, officials should, in practice, use them for public expenses. Even worse, the verdict goes on to say that "the person who collects the allowance must occupy the position of mayor, but does not need to have already actually made the expenditure."
It also says that Ma can pre-spend the allowance, but that it must be used for public affairs.
Even more enraging is that the judges adopted Ma's "reservoir theory," advocating that with all the money donated out, it's impossible to differentiate the allowance from other sources.
The judges have completely ignored that Ma has openly explained that the NT$70 million (US$2.11 million) in donations that he made were all election contributions and not related to his mayoral allowance. The donations from the allowance were the NT$10 million that Ma hurriedly donated only once the case had broken.
The key point is that no matter how the verdict twists the case, and even if the allowance is a substantial subsidy, it should still be used only for public purposes and not privately. The verdict's attempt to defend Ma by saying that the allowance was his private property because it is a substantial subsidy does not pass the test of logic.
I believe Hou should indict Ma under Article 4 of the Statute for the Punishment of Corruption (
Now that I've written this, I suddenly feel very saddened. Could it be that Hou and judge Tsai Shou-hsun (
Allen Houng is convener of the Constitution Reform Alliance.
Translated by Marc Langer
China badly misread Japan. It sought to intimidate Tokyo into silence on Taiwan. Instead, it has achieved the opposite by hardening Japanese resolve. By trying to bludgeon a major power like Japan into accepting its “red lines” — above all on Taiwan — China laid bare the raw coercive logic of compellence now driving its foreign policy toward Asian states. From the Taiwan Strait and the East and South China Seas to the Himalayan frontier, Beijing has increasingly relied on economic warfare, diplomatic intimidation and military pressure to bend neighbors to its will. Confident in its growing power, China appeared to believe
After more than three weeks since the Honduran elections took place, its National Electoral Council finally certified the new president of Honduras. During the campaign, the two leading contenders, Nasry Asfura and Salvador Nasralla, who according to the council were separated by 27,026 votes in the final tally, promised to restore diplomatic ties with Taiwan if elected. Nasralla refused to accept the result and said that he would challenge all the irregularities in court. However, with formal recognition from the US and rapid acknowledgment from key regional governments, including Argentina and Panama, a reversal of the results appears institutionally and politically
In 2009, Taiwan Semiconductor Manufacturing Co (TSMC) made a welcome move to offer in-house contracts to all outsourced employees. It was a step forward for labor relations and the enterprise facing long-standing issues around outsourcing. TSMC founder Morris Chang (張忠謀) once said: “Anything that goes against basic values and principles must be reformed regardless of the cost — on this, there can be no compromise.” The quote is a testament to a core belief of the company’s culture: Injustices must be faced head-on and set right. If TSMC can be clear on its convictions, then should the Ministry of Education
The Chinese People’s Liberation Army (PLA) provided several reasons for military drills it conducted in five zones around Taiwan on Monday and yesterday. The first was as a warning to “Taiwanese independence forces” to cease and desist. This is a consistent line from the Chinese authorities. The second was that the drills were aimed at “deterrence” of outside military intervention. Monday’s announcement of the drills was the first time that Beijing has publicly used the second reason for conducting such drills. The Chinese Communist Party (CCP) leadership is clearly rattled by “external forces” apparently consolidating around an intention to intervene. The targets of
RSS