Shih Hsin University’s Lifelong Education Center signed a letter of commitment that it would not promote “one China, one Taiwan,” “two Chinas” or Taiwanese independence.
This letter, which amounts to supporting the “one China” policy, contradicts Article 11 of the Republic of China Constitution, which says: “[T]he people shall have freedom of speech, teaching, writing and publication.”
The letter is unconstitutional and has no binding power over lecturers or students.
According to the Council of Grand Justices’ Constitutional Interpretation No. 380: “The provision regarding the freedom of teaching provided in Article 11 of the Constitution is an institutional protection mechanism for academic freedom. Such provision shall encompass the freedom of research, instruction and study, etc, in the field of college education.”
The Constitution guarantees academic freedom, including the right of professors to teach and conduct research freely, as well as the right of students to study freely.
The letter of commitment signed by Shih Hsin University restricts the content of lecturers’ instruction and students’ study direction, which violates the guarantees expressed by the Council of Grand Justices, and therefore should be declared unconstitutional and null and void.
If Shih Hsin University professors have any academic conscience and strength of character, they would sue the university for violating their constitutional right to freedom of instruction if the school interferes because their instruction touches upon “one China, one Taiwan,” “two Chinas” or Taiwanese independence.
This is clearly stated in Constitutional Interpretation No. 736, which concerns the right of school teachers and university lecturers to judicial remedy.
Of course, if the school in violation of the Constitution interferes with students who express the opinion that there is not “one China,” the students could also sue the university for violating their constitutionally protected right of instruction and freedom of expression in accordance with Constitutional Interpretation No. 684, which states that: “When a university makes administrative decisions or other public authority measures for realizing educational purposes of seeking academic truth and cultivating talents... if the decisions or measures infringe the student’s right to education or other constitutional rights, even if the decisions or measures are not expulsions or similar decisions, based on the mandate that where there is a right, there is a remedy under Article 16 of the Constitution, the student whose right has been infringed shall be allowed to bring administrative appeal and litigation and there is no need to place special restrictions.”
Huang Di-ying is a lawyer.
Translated by Perry Svensson
Chinese actor Alan Yu (于朦朧) died after allegedly falling from a building in Beijing on Sept. 11. The actor’s mysterious death was tightly censored on Chinese social media, with discussions and doubts about the incident quickly erased. Even Hong Kong artist Daniel Chan’s (陳曉東) post questioning the truth about the case was automatically deleted, sparking concern among overseas Chinese-speaking communities about the dark culture and severe censorship in China’s entertainment industry. Yu had been under house arrest for days, and forced to drink with the rich and powerful before he died, reports said. He lost his life in this vicious
In South Korea, the medical cosmetic industry is fiercely competitive and prices are low, attracting beauty enthusiasts from Taiwan. However, basic medical risks are often overlooked. While sharing a meal with friends recently, I heard one mention that his daughter would be going to South Korea for a cosmetic skincare procedure. I felt a twinge of unease at the time, but seeing as it was just a casual conversation among friends, I simply reminded him to prioritize safety. I never thought that, not long after, I would actually encounter a patient in my clinic with a similar situation. She had
A recent trio of opinion articles in this newspaper reflects the growing anxiety surrounding Washington’s reported request for Taiwan to shift up to 50 percent of its semiconductor production abroad — a process likely to take 10 years, even under the most serious and coordinated effort. Simon H. Tang (湯先鈍) issued a sharp warning (“US trade threatens silicon shield,” Oct. 4, page 8), calling the move a threat to Taiwan’s “silicon shield,” which he argues deters aggression by making Taiwan indispensable. On the same day, Hsiao Hsi-huei (蕭錫惠) (“Responding to US semiconductor policy shift,” Oct. 4, page 8) focused on
The election campaign for the Chinese Nationalist Party (KMT) chair is heating up, with only 10 days left before party members cast their ballots on Oct. 18. The campaign has revealed potential strengths for the party going into important elections next year and in 2028, particularly the desire among leading candidates to deepen cooperation with the Taiwan People’s Party (TPP). However, it has also exposed the party’s persistent weaknesses, especially in formulating a policy on cross-strait relations that can appeal to the majority of Taiwanese. Six candidates are registered: former Taipei mayor Hau Lung-bin (郝龍斌), 73; former legislator Cheng Li-wun
RSS