On Thursday last week, President Tsai Ing-wen’s (蔡英文) administration announced another Cabinet reshuffle. Minister of Justice Chiu Tai-san (邱太三) might serve as an adviser to the National Security Council, with Investigation Bureau Director-General Tsai Ching-hsiang (蔡清祥) taking over Chiu’s post. Also, Cabinet spokesman Hsu Kuo-yung (徐國勇) is to serve as minister of the interior.
These changes attracted the most attention, and attracted even more because former president Ma Ying-jeou (馬英九) was indicted by the Taipei District Prosecutors’ Office just two days before the announcement.
In the past, the pan-green camp itself has repeatedly criticized the Ministry of Justice — especially its minister — but judicial reform is also the Judicial Yuan’s responsibility. At least Chiu abolished the illegal Special Investigation Division during his term.
Chiu also knew his subordinates well enough to assign them tasks according to their abilities. He put Taipei District Prosecutors’ Office Chief Prosecutor Shing Tai-chao (邢泰釗) — a good corruption fighter — in the right place. Ma would not entrust Shing with an important position. Hopefully the judiciary will not continue to shy away now that they have to deal with Emperor Ma again.
Soon after former president Chen Shui-bian (陳水扁) stepped down, he was banned from leaving Taiwan and chased by the courts. Some in the pan-green camp believe that “an eye for an eye and a tooth for a tooth” is a good way to deal with Ma and achieve transitional justice.
However, Taiwan is a democracy with separate executive, legislative and judicial branches. We must not cook up charges at will like Chiang Kai-shek (蔣介石) or Chinese President Xi Jinping (習近平), but must follow the legal procedures for filing and investigating charges — although filing charges just to make people feel good will lead to the destruction of the nation’s democratic system.
Ma’s judicial persecution of Chen has made some in the pan-green camp feel that the administration of Tsai Ing-wen should fight back in kind, but if every president did that, would Taiwan continue to be a true democracy?
Tsai Ing-wen has shown her persistence on the issue, even allowing Ma to travel abroad, where he talks nonsense. Comparing Tsai Ing-wen with Ma will let Taiwanese know what “rule of law” really is, and deepen the nation’s democracy.
Ma is being indicted for his alleged involvement in the disposal of the Chinese Nationalist Party’s (KMT) three media companies and its old headquarters building at prices below market value, causing the party to suffer financial losses of NT$7.3 billion (US$238.8 million) — the KMT should really thank the Democratic Progressive Party for helping it seek justice.
Ma was also indicted in 2007 for his handling of the special allowance account during his term as Taipei mayor, and he attempted to prove his innocence by running for president after amending a clause in the KMT’s charter excluding anyone indicted from running for president. Perhaps he should immediately announce a 2020 presidential bid and become the first presidential hopeful in that race.
Whether Ma is found guilty depends on the court. If found guilty, he would be able to appeal to a higher court. The judiciary must therefore quit its bad habit of technically delaying political cases, as it did in the cases of former Yunlin county commissioner Chang Jung-wei (張榮味), former Miaoli county commissioner Ho Chih-hui (何智輝) and Hualien County Commissioner Fu Kun-chi (傅崐萁). Besides, Ma could be involved in more than one case.
The Ministry of Justice’s Investigation Bureau is responsible for investigating major criminal cases, as well as national security and the cross-strait situation. These should be the ministry’s primary tasks after the bureau’s director-general takes over as justice minister, a necessary appointment given the worsening international situation. The problem with Chinese spies entering and leaving Taiwan freely and their rampant espionage activities must be stopped.
As a democracy that values diversity and tolerance, Taiwan endures groups funded by political party assets and even Beijing’s “fifth column.” As interior minister, Hsu would hopefully pay greater attention to these issues, cooperating with prosecutors and investigators to crack down on such groups. Trying peaceful means before taking tougher action is one thing, but reform is not achieved solely by being courteous and gentle.
Apart from placing the focus on the economy, this Cabinet reshuffle will hopefully create a “war Cabinet” that will protect judicial justice and national security.
Paul Lin is a political commentator.
Translated by Eddy Chang
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