Former National Palace Museum director Feng Ming-chu (馮明珠) had not been out of office for more than a few months before she accepted a position as a consultant at the Palace Museum in Beijing, sparking an animated public debate. As if that was not enough, Democratic Progressive Party (DPP) Legislator Tuan Yi-kang (段宜康) has accused former Ministry of Justice Investigation Bureau deputy chief Wu Li-chen (吳莉貞) of visiting China only 34 days after stepping down.
According to the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area (兩岸人民關係條例), officials who have stepped down and want to visit China within three years of leaving office must obtain approval from the institution at which they served. However, the act contains a loophole, as it states that: “The period during which any retired or discharged person ... is required to apply for approval to the reviewing committee for its [sic] entering into the Mainland Area after its [sic] retirement or discharge may be extended or shortened by the agencies it has served, the entrusting agencies, or the entrusted organizations or institutions in accordance with the nature of national secrecy and the business involved.”
Both Feng and Wu used their positions to request that their agencies adjust these regulations, thus removing legal obstacles to visiting China soon after they stepped down. This makes it appear as if the restrictions on officials visiting China are ineffectual.
The prohibition on government leaders and officials concerned with national security visiting China within three years of stepping down are of course intended to protect national secrets and maintain national security. This law applies to all officials — regardless of party affiliation — but prior to stepping down, Feng requested that the period be shortened from three years to three months, and Wu has requested that the Investigation Bureau secretariat review the regulation.
The secretariat then asked the human resources department to amend her personnel record to say that Wu’s promotion to deputy director meant that she no longer handled matters of national security, so there was no longer any need for restrictions.
It would appear that nothing illegal has taken place, as these regulations were changed in accordance with the law. However, in practice claiming that a head of a government institution and a senior official in charge of national security affairs are not handling issues and information of concern to national security is simply nonsense. If officials — who clearly know the law — change legislation to suit themselves and allow them to avoid legally stipulated restrictions, they are abusing the law. This destroys the rule of law by exploiting loopholes, and that is offensive.
Faced with public criticism, Feng said that the National Palace Museum is not alone in behaving this way, which makes it clear that many agencies made preparations before the Chinese Nationalist Party (KMT) government stepped down.
The Executive Yuan should carry out a comprehensive review of every government agency’s regulations and set up a unified system for all levels of government. They should also adjust the text of the act so that in case of major incidents affecting Taiwan’s interests, or if there is major danger in the cross-strait relationship, the legislature would be able to pass a resolution to be announced by the Executive Yuan banning or restricting visits by Taiwanese to China or taking other relevant measures.
Given the particularities of the relationship between Taiwan and China, retired government officials should continue to be required to fulfill their legal responsibilities and duties, and visits to, or acceptance of positions in, China should still be in line with laws and regulations, and they should continue to pay attention to the perceptions of civil society and protect the overall interests of the nation.
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