Fri, Apr 22, 2005 page3

• Enforce law over trips, pundits say

  A LEGAL QUESTION Experts and analysts said that the government should be more strict in its application of the law regarding the pan-blues' proposed China visits

  • By Huang Tai-lin / STAFF REPORTER
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  In view of the frenzy of proposed visits to China planned by opposition party leaders, President Chen Shui-bian (陳水扁) and his administration ought to remain firm in its stance and readily exercise its right to enforce its authority as the nation's government, politic analysts said.

  "Only when the government demonstrates a determination to uphold the law, will the race between political parties to suck up to China end," said Thomas Hung (洪茂雄), a political observer and a graduate research fellow in international relations at National Chengchi University.

  According to Hung, "the Democratic Progressive Party [DPP] administration has appeared soft in terms of exercising its authority."

  Hung made the remarks with reference to the recent China visit made by Chinese Nationalist Party (KMT) Vice Chairman Chiang Pin-kun (江丙坤).

  In the wake of his trip to China, during which Chiang had represented the KMT in forming a 10-point agreement with Beijing, a private citizen filed a lawsuit against him, accusing him of violating Article 113 of the Criminal Code by signing an agreement with a foreign government without proper authorization.

  According to Article 113 of the Criminal Code, anyone who enters into an unauthorized agreement with a foreign government on matters that require government approval may receive a minimum seven-year jail term or a maximum life sentence.

  "Since the news broke out, however, we have not yet heard any follow-up or progress in the investigation into whether or not Chiang broke the law," Hung said.

  "The DPP administration should not flinch, but should remain firm in its stance and show its determination to follow through in accordance with the law in exercising its authority," Hung said, adding that "for otherwise, everyone will follow suit and become oblivious to the government's authority."

  In view of KMT Chairman Lien Chan's (連戰) upcoming China trip -- and in addition to the one that may be undertaken by People First Party (PFP) Chairman James Soong (宋楚瑜) in mid-May -- some political analysts suggested that the government should act ahead of Lien's China visit by holding a news conference and clearly stating the government's stance concerning cross-strait issues.

  The government could hold a press conference and express its position and clearly draw where the lines are, said Chin Heng-wei (金恆煒), political commentator and editor-in-chief of Contemporary Magazine.

  "With all things clearly said and outlined beforehand, the government could just proceed in accordance with the law should [Lien or Soong] overstep these lines in speech or conduct while in China," Chin said.

  Hung said the president should also consider postponing a planned overseas trip.

  Chen is scheduled to fly to the Marshall Islands on May 1 for a week-long trip that will also take him to Kiribati and Tuvalu, three Pacific countries that recognize Taipei instead of Beijing.

  Lien is slated to depart for China about the same period of time.

  According to the itinerary announced by the KMT, Lien is to depart for China on April 26, and during his week-long visit he will meet with Chinese President Hu Jintao (胡錦濤) in Beijing on April 29.

  He will also visit Xi'an, deliver a speech at Peking University and meet with Taiwanese businesspeople in Shanghai before returning to Taipei on May 3.

  "At time a like this, which matters greatly to Taiwan's survival, the president should station himself in the Presidential Office so that he could be in the most optimal position to receive timely information about what's happening and then give a timely response accordingly if necessary," Hung said.

  Echoing Hung's suggestion, political commentator Yang Hsien-hung (楊憲宏), noting the 100-something number of reporters traveling with Lien and covering his China trip, said "it is now almost foreseeable that the news headlines coverage in those days will be mostly about Lien and cross-strait issues and not about the president, who will be on a trip to South Pacific countries."
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