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 Executive Yuan recently revised a page of its Web site on ethnic groups in Taiwan, replacing the term “Han” (漢族) with “the rest of the population.” The page, which was updated on March 24, describes the composition of Taiwan’s registered households as indigenous (2.5 percent), foreign origin (1.2 percent) and the rest of the population (96.2 percent). The change was picked up by a social media user and amplified by local media, sparking heated discussion over the weekend. The pan-blue and pro-China camp called it a politically motivated desinicization attempt to obscure the Han Chinese ethnicity of most Taiwanese.
On Wednesday last week, the Rossiyskaya Gazeta published an article by Chinese President Xi Jinping (習近平) asserting the People’s Republic of China’s (PRC) territorial claim over Taiwan effective 1945, predicated upon instruments such as the 1943 Cairo Declaration and the 1945 Potsdam Proclamation. The article further contended that this de jure and de facto status was subsequently reaffirmed by UN General Assembly Resolution 2758 of 1971. The Ministry of Foreign Affairs promptly issued a statement categorically repudiating these assertions. In addition to the reasons put forward by the ministry, I believe that China’s assertions are open to questions in international
The Legislative Yuan passed an amendment on Friday last week to add four national holidays and make Workers’ Day a national holiday for all sectors — a move referred to as “four plus one.” The Chinese Nationalist Party (KMT) and the Taiwan People’s Party (TPP), who used their combined legislative majority to push the bill through its third reading, claim the holidays were chosen based on their inherent significance and social relevance. However, in passing the amendment, they have stuck to the traditional mindset of taking a holiday just for the sake of it, failing to make good use of
As strategic tensions escalate across the vast Indo-Pacific region, Taiwan has emerged as more than a potential flashpoint. It is the fulcrum upon which the credibility of the evolving American-led strategy of integrated deterrence now rests. How the US and regional powers like Japan respond to Taiwan’s defense, and how credible the deterrent against Chinese aggression proves to be, will profoundly shape the Indo-Pacific security architecture for years to come. A successful defense of Taiwan through strengthened deterrence in the Indo-Pacific would enhance the credibility of the US-led alliance system and underpin America’s global preeminence, while a failure of integrated deterrence would
RSS