The Council of Grand Justices yesterday announced Constitutional Interpretation No. 654 and said that Detention Act (羈押法) regulations that require meetings between a detained defendant and a lawyer to be supervised are unconstitutional. The interpretation also says that information gained from the recordings of such a meetings shall no longer be admissible as evidence after May 1.
The issue of lawyer-client confidentiality for detained suspects has been the subject of much controversy following the recent detention of former president Chen Shui-bian (陳水扁) on charges of money laundering and embezzlement, with the regulations attracting criticism from home and abroad.
On Jan. 8, New York University professor and Asian law expert Jerome Cohen criticized the measures in a piece in the South China Morning Post. Yesterday’s ruling came in response to a request from Mai An-huai (麥安懷), the former chief of staff of Taipei County Government Commissioner Chou Hsi-wei (周錫瑋), who was previously detained on suspicion of corruption.
Mai felt that the supervision and recording of his meetings with his lawyer were an infringement of his right to a defense. He requested a constitutional interpretation of articles 23 and 28 of the Detention Act. Both articles were ruled unconstitutional by the Council of Grand Justices.
Article 23 says: “A person who applies to grant a visitation with a defendant, shall state clearly their full name, occupation, age, residential address, the main content of the interview, the name of the defendant and the relationship with the defendant. Officials at the detention house shall supervise the visitation when it is granted.”
The interpretation says that paragraph 3 of Article 23, which allows the supervision and recording of meetings between a detainee and a lawyer regardless of the circumstances, and Article 28 were unconstitutional.
Article 28 says: “If the content of the speeches, conduct and sent and received mail of a defendant can provide information for the criminal investigation and trial, they shall be reported to the public prosecutor or the district court.”
In the interpretation, the Council of Grand Justices said that Article 23, Paragraph 3 and Article 28 would no longer be valid after May 1.
Judicial Yuan Secretary-General Hsieh Wen-ting (謝文定) said the interpretation protected the public’s litigation rights and did not conflict with efforts to maintain order and security in detention centers.
Hsieh said the current modus operandi is only to supervise and record meetings between lawyers and detainees who are being held incommunicado.
Taiwan Semiconductor Manufacturing Co (TSMC, 台積電), the world’s largest foundry service provider, yesterday said that global semiconductor revenue is projected to hit US$1.5 trillion in 2030, after the figure exceeds US$1 trillion this year, as artificial intelligence (AI) demand boosts consumption of token and compute power. “We are still at the beginning of the AI revolution, but we already see a significant impact across the whole semiconductor ecosystem,” TSMC deputy cochief operating officer Kevin Zhang (張曉強) said at the company’s annual technology symposium in Hsinchu City. “It is fair to say that in the past decade, smartphones and other mobile devices were
US-CHINA SUMMIT: MOFA welcomed US reassurance of no change in its Taiwan policy; Trump said he did not comment when Xi talked of opposing independence US President Donald Trump yesterday said he has not made a decision on whether to move forward with a major arms package for Taiwan after hearing concerns about it from Chinese President Xi Jinping (習近平). Trump’s comments on Taiwan came as he flew back to Washington after wrapping up critical talks in which both leaders said important progress was made in stabilizing US-China relations even as deep differences persist between the world’s two biggest powers on Iran and Taiwan. “I will make a determination,” Trump said, adding: “I’ll be making decisions. But, you know, I think the last thing we need right
TAIWAN ISSUE: US treasury secretary Scott Bessent said on the first day of meetings that ‘it wouldn’t be a US-China summit without the Taiwan issue coming up’ There were no surprises on the first day of the summit between US President Donald Trump and Chinese President Xi Jinping (習近平), the Mainland Affairs Council (MAC) said yesterday, as the government reiterated that cross-strait stability is crucial to the Asia-Pacific region, as well as the world. As the two presidents met for a highly anticipated summit yesterday, Chinese state media reported that Xi warned Trump that missteps regarding Taiwan could push their two countries into “conflict.” Trump arrived in China with accolades for his host, calling Xi a “great leader” and “friend,” and extending an invitation to visit the White House
SECURITY: Taipei presses the US for arms supplies, saying the arms sales are not only a reflection of the US security commitment to Taiwan but also serve as a mutual deterrent against regional threats Taiwan is committed to preserving the cross-strait “status quo” and contributing to regional peace and stability, the Presidential Office said yesterday. “It is an undeniable fact that the Republic of China is a sovereign and independent democratic nation,” Presidential Office spokeswoman Karen Kuo (郭雅慧) reiterated, adding that Beijing has no right to claim sovereignty over Taiwan. The statements came after US President Donald Trump warned against Taiwanese independence. Trump wrapped up a state visit to Beijing on Friday, during which Chinese President Xi Jinping (習近平) had pressed him not to support Taiwan. Taiwan depends heavily on US security backing to deter China from carrying
RSS