Academics are calling on the government to pass amendments that would restrict an anticipated increase in the number of parties interested in seeking political dialogues with Chinese President Xi Jinping (習近平), which are currently permitted under legislation on cross-strait relations.
Article 5-1 of the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area (臺灣地區與大陸地區人民關係條例) bars unauthorized institutions from negotiating or signing an agreement with Beijing, but not from engaging in “political dialogues,” Taiwan Society of International Law deputy secretary-general Lin Ting-hui (林廷輝) said yesterday.
Xi is trying to exploit a legal loophole in the act by presenting the possibility of cross-strait dialogues before engaging in talks with parties, organizations and individuals from Taiwan that are willing to accept his version of the so-called “1992 consensus,” he said.
Photo: CNA
In a speech delivered in Beijing on Wednesday last week, Xi defined the “1992 consensus” as “both sides of the [Taiwan] Strait belonging to one China and being willing to work together to seek national unification” and announced his plan to explore a Taiwanese version of the “one country, two systems” model.
The Chinese Nationalist Party (KMT) has maintained that the “1992 consensus” — a term that former Mainland Affairs Council chairman Su Chi (蘇起) in 2006 admitted making up in 2000 — refers to a tacit understanding between the KMT and the Chinese Communist Party (CCP) that both sides acknowledge there is “one China,” with each side having its own interpretation of what “China” means.
To push toward realizing Xi’s goal, Lin said that Chinese government agencies charged with handling cross-strait matters are expected to engage in frequent talks with Taiwanese on the “one country, two systems” model.
“To avoid legal liability, they are likely to use terms like ‘action guidelines’ or ‘action plans’” instead of agreements, Lin said, adding that pro-unification groups could also seize the opportunity to earn Chinese subsidies by attending related forums and seminars.
Lin urged the government to enact a piece of legislation similar to the US’ Logan Act, which criminalizes negotiation by unauthorized persons with foreign governments having a dispute with the US.
To sidestep Taiwanese law, the KMT published a document titled A Shared Vision for Peaceful Development of Cross-Strait Relations in the form of a press communique, following the landmark 2005 meeting between then-KMT chairman Lien Chan (連戰) and then-Chinese president Hu Jintao (胡錦濤), said a source with knowledge of the matter, who spoke on condition of anonymity.
Lien technically breached Article 5-1, but the administration of then-president Chen Shui-bian (陳水扁) interpreted the article as saying that the law could only be broken when a treaty was signed, the source said.
While no agreement was signed at the ensuing KMT-CCP forum, many deals benefiting Beijing were announced at the annual meeting before it was taken over by the Mainland Affairs Council and the Straits Exchange Foundation during former president Ma Ying-jeou’s (馬英九) administration, National Taiwan University professor of political science Chen Shih-min (陳世民) said.
Despite being renamed the Cross-Strait Economic, Trade and Culture Forum, the meeting still carries strong political connotations, Chen Shih-min said.
Another source who requested anonymity said that although the forum is conducted under the guise of economic and cultural exchanges, it would be difficult for it to avoid political dialogues.
As a China travel ban on Ma and former vice president Wu Den-yih (吳敦義) is to be lifted on May 20, there have also been concerns that the two could be used by Beijing to realize Xi’s plan for negotiations on unification.
At a time when the international community is quick to put in place measures to combat national security threats posed by China, legal loopholes could make other countries reluctant to be friends with Taiwan, Chien Hsin University of Science and Technology professor of business administration Yen Chien-fa (顏建發) said.
Yen called on the government to quickly act on President Tsai Ing-wen’s (蔡英文) plan to set up a three-part security network for cross-strait exchanges.
PREPAREDNESS: Given the difficulty of importing ammunition during wartime, the Ministry of National Defense said it would prioritize ‘coproduction’ partnerships A newly formed unit of the Marine Corps tasked with land-based security operations has recently replaced its aging, domestically produced rifles with more advanced, US-made M4A1 rifles, a source said yesterday. The unnamed source familiar with the matter said the First Security Battalion of the Marine Corps’ Air Defense and Base Guard Group has replaced its older T65K2 rifles, which have been in service since the late 1980s, with the newly received M4A1s. The source did not say exactly when the upgrade took place or how many M4A1s were issued to the battalion. The confirmation came after Chinese-language media reported
A Ministry of Foreign Affairs official yesterday said that a delegation that visited China for an APEC meeting did not receive any kind of treatment that downgraded Taiwan’s sovereignty. Department of International Organizations Director-General Jonathan Sun (孫儉元) said that he and a group of ministry officials visited Shenzhen, China, to attend the APEC Informal Senior Officials’ Meeting last month. The trip went “smoothly and safely” for all Taiwanese delegates, as the Chinese side arranged the trip in accordance with long-standing practices, Sun said at the ministry’s weekly briefing. The Taiwanese group did not encounter any political suppression, he said. Sun made the remarks when
The Taiwanese passport ranked 33rd in a global listing of passports by convenience this month, rising three places from last month’s ranking, but matching its position in January last year. The Henley Passport Index, an international ranking of passports by the number of designations its holder can travel to without a visa, showed that the Taiwan passport enables holders to travel to 139 countries and territories without a visa. Singapore’s passport was ranked the most powerful with visa-free access to 192 destinations out of 227, according to the index published on Tuesday by UK-based migration investment consultancy firm Henley and Partners. Japan’s and
BROAD AGREEMENT: The two are nearing a trade deal to reduce Taiwan’s tariff to 15% and a commitment for TSMC to build five more fabs, a ‘New York Times’ report said Taiwan and the US have reached a broad consensus on a trade deal, the Executive Yuan’s Office of Trade Negotiations said yesterday, after a report said that Washington is set to reduce Taiwan’s tariff rate to 15 percent. The New York Times on Monday reported that the two nations are nearing a trade deal to reduce Taiwan’s tariff rate to 15 percent and commit Taiwan Semiconductor Manufacturing Co (TSMC, 台積電) to building at least five more facilities in the US. “The agreement, which has been under negotiation for months, is being legally scrubbed and could be announced this month,” the paper said,
RSS