Two years ago, 14 Taiwanese were arrested in the Philippines in connection with a fraud investigation and were sent to China to stand trial.
This move by the Philippine government caused widespread anger in Taiwan and the government vigorously protested against the actions of its Philippine counterpart, demanding that China return the suspects to Taiwan.
There were a number of flaws in the government’s reasoning when it lodged its protest with the Philippine government.
The alleged crimes were committed on Philippine soil and, although Taiwan could request that the perpetrators be sent back to Taiwan, such a move would have required a transfer of jurisdiction and this would have involved sovereignty issues.
An extradition treaty would have been needed to return the suspects and as the Philippines adheres to the “one China” principle, it only has an extradition treaty with China, and cannot have another one with Taiwan.
President Ma Ying-jeou’s (馬英九) administration has consistently maintained the notion of “one China, with each side having its own interpretation” in its dealings with Beijing.
In 2009 Taiwan signed a cross-strait crime-fighting and judicial mutual assistance agreement that was regarded as an inter-regional, as opposed to an international, agreement.
In light of this agreement, Taiwan’s status was effectively downgraded to parity with that of Hong Kong and Macau, which was tantamount to relinquishing sovereignty.
Therefore, it was reasonable for the Philippines to send the suspects to China.
In addition, after signing the mutual assistance agreement, the request for the prisoners to be sent to Taiwan further showed that we had fallen foul of Beijing’s machinations to turn us into one of its regions.
Since then, the government of Taiwan has pursued negotiations with the Philippines on a law enforcement and judicial mutual assistance agreement. A deal was inked on April 19, which apparently addresses the problems caused by the extradition spat two years ago.
Nevertheless, this agreement was signed on the understanding that it did not in any way broach sovereignty.
As such, questions can be raised about just how effective such an agreement can be, especially considering that legal jurisdiction is, in itself, a mark of sovereignty. It is difficult to see how secondary issues, such as judicial mutual assistance, can be discussed when one has dropped the ball on sovereignty.
Taiwanese are sure to get hot under the collar the next time Taiwanese investigators go to the Philippines as part of this law enforcement and judicial mutual assistance agreement and find themselves snubbed by Philippine authorities.
It is not surprising that the Philippine government might take this attitude. As the Philippines does not recognize Taiwan as a national entity, the agreement is not worth the paper it is written on.
This sorry state of affairs brings into cruel focus the tragedy of our leaders’ implicit acceptance of the “one China” principle over the past few years.
Wu Ching-chin is an associate professor of law at Aletheia University.
Translated by Paul Cooper
Recently, China launched another diplomatic offensive against Taiwan, improperly linking its “one China principle” with UN General Assembly Resolution 2758 to constrain Taiwan’s diplomatic space. After Taiwan’s presidential election on Jan. 13, China persuaded Nauru to sever diplomatic ties with Taiwan. Nauru cited Resolution 2758 in its declaration of the diplomatic break. Subsequently, during the WHO Executive Board meeting that month, Beijing rallied countries including Venezuela, Zimbabwe, Belarus, Egypt, Nicaragua, Sri Lanka, Laos, Russia, Syria and Pakistan to reiterate the “one China principle” in their statements, and assert that “Resolution 2758 has settled the status of Taiwan” to hinder Taiwan’s
Singaporean Prime Minister Lee Hsien Loong’s (李顯龍) decision to step down after 19 years and hand power to his deputy, Lawrence Wong (黃循財), on May 15 was expected — though, perhaps, not so soon. Most political analysts had been eyeing an end-of-year handover, to ensure more time for Wong to study and shadow the role, ahead of general elections that must be called by November next year. Wong — who is currently both deputy prime minister and minister of finance — would need a combination of fresh ideas, wisdom and experience as he writes the nation’s next chapter. The world that
The past few months have seen tremendous strides in India’s journey to develop a vibrant semiconductor and electronics ecosystem. The nation’s established prowess in information technology (IT) has earned it much-needed revenue and prestige across the globe. Now, through the convergence of engineering talent, supportive government policies, an expanding market and technologically adaptive entrepreneurship, India is striving to become part of global electronics and semiconductor supply chains. Indian Prime Minister Narendra Modi’s Vision of “Make in India” and “Design in India” has been the guiding force behind the government’s incentive schemes that span skilling, design, fabrication, assembly, testing and packaging, and
Can US dialogue and cooperation with the communist dictatorship in Beijing help avert a Taiwan Strait crisis? Or is US President Joe Biden playing into Chinese President Xi Jinping’s (習近平) hands? With America preoccupied with the wars in Europe and the Middle East, Biden is seeking better relations with Xi’s regime. The goal is to responsibly manage US-China competition and prevent unintended conflict, thereby hoping to create greater space for the two countries to work together in areas where their interests align. The existing wars have already stretched US military resources thin, and the last thing Biden wants is yet another war.