Tue, Nov 27, 2007 page1

• No return to martial law: Chen

  STEPPING BACK The president raised eyebrows on Sunday night when he said he was seriously considering implementing martial law because of the election furor

  • By Ko Shu-ling and Flora Wang / STAFF REPORTERS
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  President Chen Shui-bian (陳水扁) yesterday pledged that he would not declare martial law during his term, urging all election officials to follow the Central Election Commission's (CEC) decision to distribute election and referendum ballots simultaneously during January's legislative elections.

  "This year marks the 20th anniversary of the lifting of martial law. Many people paid a high price during it, including losing their freedom and even their lives," Chen said while receiving guests at the Presidential Office yesterday morning. "There is no way we are going to turn back from the road to democracy."

  Chen said he had presidential authority to impose martial law and some have suggested he do so to settle the controversy over the voting system for the legislative elections and the two referendums.

  However, he said he would never declare martial law during his presidency.

  "The public can rest assured on that," he said. "I am calling on my opponents to stop diverting attention, sullying the image of the administration and confusing the public."

  The CEC has adopted a one-step voting procedure in which voters will receive two ballots for the legislative elections and two referendum ballots together and cast them into four different boxes.

  Eighteen pan-blue local government chiefs, however, have insisted on following a two-step voting process, whereby voters first cast their legislative election ballots before receiving their referendum ballots.

  Chen raised eyebrows on Sunday night when he said he was seriously considering four options -- implementing martial law, invalidating the election results in pan-blue controlled authorities, replacing local election commission heads, or getting the CEC to delay the elections -- during a campaign rally in Shulin (樹林), Taipei County.

  Chen yesterday said he would leave it to the CEC and the other agencies concerned to decide how to deal with the controversy and that he did not have any particular preference.

  As to whether a one-step or two-step voting system should be applied, Chen urged the public to accept the CEC's decision.

  A two-step voting system was adopted in the 2000 presidential election because it had been the CEC's decision to do so, he said, and the CEC had decided to switch to a one-step voting system next year because it wanted to avoid the drawbacks that were experienced when the two-step practice was used.

  Separately in Taipei yesterday, Vice President Annette Lu (呂秀蓮) said it was unacceptable for local governments to constantly challenge the central government. Lu urged both sides to calm down and hammer out a plan to settle the matter.

  Premier Chang Chun-hsiung (張俊雄) said at another Taipei venue that elections must be held in a fair manner in accordance with the law and that the local and central governments must jointly uphold the rules to ensure fair competition.

  He urged the 18 local governments to cooperate with the CEC, saying that election personnel should be aware of the consequences of breaking the law.

  The Cabinet has warned local governments that defying the CEC's one-step voting format is a criminal violation subject to prosecution. Heads of local governments and front-line election personnel would be subject to punishment as laid out in the Civil Servants Work Act (公務人員服務法), the Civil Servants' Evaluation Act (公務人員考績法) and the Law on the Discipline of Civil Servants (公務人員懲戒法).

  Meanwhile, Democratic Progressive Party (DPP) presidential candidate Frank Hsieh (謝長廷) yesterday called on the CEC and the 18 counties and cities to negotiate and resolve the controversy according to the law and the related regulations.

  Hsieh's running mate, Su Tseng-chang (蘇貞昌), said the opposition's boycott results from the Chinese Nationalist Party's (KMT) fear that the DPP's referendum proposal seeking to reclaim its stolen assets would succeed.

  Upset by Chen's remark about martial law, the KMT caucus lambasted the president yesterday, calling him a "mad man."

  "If Chen is not crazy, why does he keep making crazy comments?" KMT caucus whip Kuo Su-chun (郭素春) told a press conference.

  Justin Chou (周守訓), deputy secretary-general of the caucus, dared Chen to impose martial law.

  Chou said the president's remark showed that he was practicing "authoritarianism" rather than democracy.

  "He was trying to [help the DPP] win the elections by frightening swing voters and local government officials away from casting their ballots and by forcing deep-green `fundamentalists' to vote against their will. What kind of democracy is that?" Chou said.

  When asked if the caucus would seek a constitutional interpretation on the voting procedure controversy, Kuo said the caucus had not considered this because "80 percent of the Grand Justices are close to the president."

  "The 18 pan-blue governed cities and counties will still stick to their decision to adopt a two-step voting procedure," Kuo said. "After all, we can only guarantee a smooth election by adopting this system."

  When approached for comment in Yunlin, KMT presidential candidate Ma Ying-jeou (馬英九) said none of the four options the president was considering were feasible.

  He urged everyone not to dance to the president's tune as this could arouse divisions in the nation.

  Meanwhile, KMT Legislative Speaker Wang Jin-pyng (王金平), was unwilling to talk about the issue.

  Nevertheless, he said martial law could not be imposed by the president unless it was confirmed by the legislature.

  He was referring to Article 39 of the Constitution, which stipulates that the president has the authority to impose martial law, but this cannot take effect unless it is confirmed or approved by the legislature.

  The article also gives the legislature authority to reach a resolution to request that the president lift martial law.

  Meanwhile, Taipei Mayor Hau Lung-bin (郝龍斌) told a press conference that the Taipei City Government was not intending to break the law. Hau said the city government was following the law as local governments had the authority to handle electoral affairs.

  In response, Chang called on Hau to refrain from distorting the legal system.

  "No matter how local governments conduct their electoral affairs, they can't go against the directive of the Central Election Commission," Chang said.

  Additional reporting by Shih Hsiu-chuan
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