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
On Sept. 27, 2002, the Democratic Republic of Timor-Leste (East Timor) joined the UN to become its 191st member. Since then, two other nations have joined, Montenegro on June 28, 2006, and South Sudan on July 14, 2011. The combined total of the populations of these three nations is just more than half that of Taiwan’s 23.7 million people. East Timor has 1.3 million, Montenegro has slightly more than half a million and South Sudan has 10.9 million. They all are members of the UN, yet much more populous Taiwan is denied membership. Of the three, East Timor, as a Southeast Asian
Taiwan has for decades singlehandedly borne the brunt of a revanchist, ultra-nationalist China — until now. Ever since Australian Prime Minister Scott Morrison had the temerity to call for a transparent, international investigation into the origins of the COVID-19 pandemic, Beijing has been turning the screws on Canberra. This has included unleashing aggressive “wolf warrior” diplomats to intimidate Australian policymakers, enacting punitive tariffs on its exports, and threatening an embargo on Chinese tourists and students to the nation. A tense situation became more serious on June 19 after Morrison revealed that a “sophisticated state-based actor” — read: China — had launched a
There have been media reports that the Chinese People’s Liberation Army (PLA) plans to hold military exercises in August to simulate seizing the Pratas Islands (Dongsha Islands, 東沙群島) in the South China Sea. In the past, only Coast Guard Administration (CGA) personnel have been stationed there, but the Ministry of National Defense has dispatched the Republic of China Marine Corps to the islands, nominally for “ex-situ training,” to prevent a Chinese attack under the guise of military drills. The move is only a temporary measure and not sufficiently proactive. Instead, the government should officially declare sovereignty over the islands and station troops
Chinese strongman Xi Jinping (習近平) hasn’t had a very good spring, either economically or politically. Not that long ago, he seemed to be riding high. The PRC economy had been on a long winning streak of more than six percent annual growth, catapulting the world’s most populous nation into the second-largest power, behind only the United States. Hundreds of millions had been brought out of poverty. Beijing’s military too had emerged as the most powerful in Asia, lagging only behind the US, the long-time leader on the global stage. One can attribute much of the recent downturn to the international economic