It may not rank among the most substantial news stories of the year, but yesterday’s decision by the Kaohsiung District Court to refuse an adoption request by an American couple for a developmentally disabled Taiwanese girl was a stunning example of how Taiwanese justice can resemble a drunken crap shoot.
The would-be parents, whose excellent educational credentials proved to be their downfall, can appeal, but for the rest of us the real question is what caliber of people are being appointed to serve as arbiters of the law.
The court effectively said that the couple, both Harvard graduates and doctorate holders, were at risk of abandoning or otherwise mistreating the child because she was likely to fail to live up to their expectations.
If a court, with such astonishingly disconnected reasoning, alienates people of goodwill who would embrace the disadvantaged, and in so doing condemn a child to a life in institutional “care” instead of a life of caring, what possible confidence can be had in verdicts that turn on genuine legal expertise and that receive tremendous media and political pressure?
Certainly, the Special Investigation Panel (SIP) probing former president Chen Shui-bian (陳水扁) has little confidence in the Taiwan District Court, whose decision confirming Chen’s release, pending trial, may go to yet another appeal.
The SIP would appear to be eager to exploit a loophole that allows apparently indefinite appeals based on new evidence or on the details of a separate “case” involving the same suspect. What this means is that the SIP could appeal Chen’s release indefinitely, which, even absent a court verdict, makes a mockery of the spirit of double jeopardy, though we doubt if the prosecutors care.
Meanwhile, the SIP’s colleagues over at the Bureau of Investigation have been hard at work tracking down the profligate and the venal. The latest suspect is Chen Tsung-yi (陳宗逸), news desk head at the defunct New Taiwan Weekly, a pro-independence magazine.
What we cannot understand is how a “corruption investigation” would prompt the bureau’s staff to allegedly probe Chen Tsung-yi’s knowledge of the Formosan Association for Public Affairs (FAPA), a Washington NGO that serves as an advocate for Taiwan, about the North America Taiwanese Professors’ Association or whether Chen had studied overseas.
With these various incidents, the perception that public institutions are prone to incompetence and/or serving partisan interests can only harden. Those with the dreadful, direct experience of harassment by security forces in previous decades will also react to Chen Tsung-yi’s allegations with outrage and fear. This fear — rational or otherwise — can only be compounded by Chen Tsung-yi’s claim that all four of the agents who entered his home were Mainlanders.
The details of the last incident need to be verified, but for now, it appears that Minister of Justice Wang Ching-feng (王清峰) is in danger of seeing yet another discrediting incident call both her leadership and the conduct of her investigative staff into question.
Professor Jerome Cohen, President Ma Ying-jeou’s (馬英九) eminent former teacher, has called for an investigation into Taiwanese judicial practices. Each week seems to bring more compelling and urgent reasons for this to happen.
The Chinese Communist Party (CCP) challenges and ignores the international rules-based order by violating Taiwanese airspace using a high-flying drone: This incident is a multi-layered challenge, including a lawfare challenge against the First Island Chain, the US, and the world. The People’s Liberation Army (PLA) defines lawfare as “controlling the enemy through the law or using the law to constrain the enemy.” Chen Yu-cheng (陳育正), an associate professor at the Graduate Institute of China Military Affairs Studies, at Taiwan’s Fu Hsing Kang College (National Defense University), argues the PLA uses lawfare to create a precedent and a new de facto legal
Chile has elected a new government that has the opportunity to take a fresh look at some key aspects of foreign economic policy, mainly a greater focus on Asia, including Taiwan. Still, in the great scheme of things, Chile is a small nation in Latin America, compared with giants such as Brazil and Mexico, or other major markets such as Colombia and Argentina. So why should Taiwan pay much attention to the new administration? Because the victory of Chilean president-elect Jose Antonio Kast, a right-of-center politician, can be seen as confirming that the continent is undergoing one of its periodic political shifts,
In the first year of his second term, US President Donald Trump continued to shake the foundations of the liberal international order to realize his “America first” policy. However, amid an atmosphere of uncertainty and unpredictability, the Trump administration brought some clarity to its policy toward Taiwan. As expected, bilateral trade emerged as a major priority for the new Trump administration. To secure a favorable trade deal with Taiwan, it adopted a two-pronged strategy: First, Trump accused Taiwan of “stealing” chip business from the US, indicating that if Taipei did not address Washington’s concerns in this strategic sector, it could revisit its Taiwan
Taiwan’s long-term care system has fallen into a structural paradox. Staffing shortages have led to a situation in which almost 20 percent of the about 110,000 beds in the care system are vacant, but new patient admissions remain closed. Although the government’s “Long-term Care 3.0” program has increased subsidies and sought to integrate medical and elderly care systems, strict staff-to-patient ratios, a narrow labor pipeline and rising inflation-driven costs have left many small to medium-sized care centers struggling. With nearly 20,000 beds forced to remain empty as a consequence, the issue is not isolated management failures, but a far more
RSS