Wed, Jan 24, 2007 page3

• DPP supports interpretation request

  SECRETS The Presidential Office's decision to ask the grand justices to rule on secret files in the `state affairs' case received the backing of the DPP caucus and the premier

  • By Flora Wang / STAFF REPORTER
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  The Democratic Progressive Party (DPP) and its legislative caucus yesterday issued their support for the Presidential Office's plan to file for a constitutional interpretation in opposition to the Taipei District Court's decision to open documents related to "secret" diplomatic missions in the "state affairs fund" case.

  The Chinese Nationalist Party (KMT), on the other hand, condemned the president for showing contempt for the nation's laws and regulations.

  DPP Chairman Yu Shyi-kun told a press conference that the court's ruling "obviously infringed upon national security" and that the party headquarters was in favor of calling for a constitutional ruling.

  DPP Secretary-General Lin Chia-lung (林佳龍) urged the Council of Grand Justices to fulfill its responsibility and "end the conflict between executive power and judicial power as soon as possible."

  DPP caucus whip Ker Chien-ming (柯建銘) told a separate press conference that the Presidential Office, the Cabinet and the caucus would organize a special team to handle the "constitutional crisis."

  "The court's ruling has led to a major national security crisis and caused unparalleled harm," Ker said, adding that anything related to national security should be kept secret.

  The 1996 cross-strait missile crisis, during which China initiated missile tests in reaction to the US' issuance of a visa to former president Lee Teng-hui (李登輝) and ahead of Taiwan's first direct presidential election served as a good example of this argument, Ker said.

  Lee revealed later that same year that intelligence from China suggested China was "bluffing" and did not use live missiles during the tests.

  Lee's comments led to arrests and the disappearance of several Taiwanese intelligence agents in China after the Chinese government started a large-scale investigation into the leak of the information, he said.

  Noting that the Classified National Security Information Protection Act (國家機密保護法), the National Security Council Organization Law (國安會組織法) and the Constitution all stipulate that things related to national security fall under the president's authority, Ker said "this `state affairs fund' case involves national confidentiality and problems of national security."

  "We have to warn the judges involved to avoid viewing the case using the same perspective they use when judging civil and criminal cases," he said.

  Premier Su Tseng-chang (蘇貞昌) yesterday also issued his support for the Presidential Office.

  "Article 52 of the Constitution clearly states that the president shall not be indicted unless he commits crimes that concern national security or loyalty. This article is taught during the freshman year in law school," Su said. "Now somebody has questioned that, we should seek an answer from the grand justices."

  KMT legislators were not thrilled about the Presidential Office's plan of action.

  "It seem that the president regards himself as an emperor who always disregards laws and regulations," KMT Legislator Lai Shyh-bao (賴士葆) told a press conference.

  He called on the Presidential Office not to file a request for a constitutional interpretation which he argued would "hinder the judicial investigation of the `state affairs fund' case."

  KMT Legislator Kuo Su-chun (郭素春), meanwhile, urged the grand justices to clarify the controversy concerning the president's privileges stipulated in the Constitution.

  Additional reporting by Shih Hsiu-chuan and Jimmy Chuang
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