Differing opinions over the functions and powers of the legislature to deliberate a cross-strait economic cooperation framework agreement (ECFA) expected to be signed today have emerged between Chinese Nationalist Party (KMT) and Democratic Progressive Party (DPP) legislators as well as the heads of the executive and legislative branches.
An official from the Executive Yuan said on condition of anonymity yesterday that the Executive Yuan did not agree with Legislative Speaker Wang Jyn-ping (王金平), who maintains that a “cross-strait ECFA is not tantamount to a treaty.”
Elaborating on remarks previously made by Premier Wu Den-yih (吳敦義) that a “cross-strait ECFA is more like a treaty,” the official said the legislature “can only vote to ratify or reject the ECFA, not amend its contents article by article.”
Wang based his position on the legislature's Organic Laws and Statutes Bureau, which stated than an agreement signed between Taiwan and China is not construed as a treaty by the Constitution, according to the Council of Grand Justices' Constitutional Interpretation No. 329 of 1993.
The constitutional interpretation clarifies what constitutes a treaty and the types of international agreements that should be sent to the legislature for deliberation.
Bureau Deputy Director Tseng Ming-fa (曾明發) said that “it's clear that the grand justices do not classify cross-strait deals as treaties as they said in the [constitutional] interpretation that it does not cover cross-strait deals.”
In view of this interpretation, it would be questionable if the legislature followed precedents set when it ratified free-trade agreements Taiwan signed with allied countries to deliberate an ECFA, Tseng said.
Given the uniqueness of the present case, Wang said that controversies related to the review process would be settled via negotiations among concerned parties before the ECFA is deliberated in the legislature's extra session early next month.
DPP caucus whip Pan Meng-an (潘孟安) said that while the party agreed more with Wang than Wu, the legislature was entitled by the Act Governing Legislature's Exercise of Power (立法院職權行使法) to review the ECFA's contents article by article.
“When there is lack of precedent, we shall abide by the Act,” Pan said.
An ECFA is not a treaty because it was not signed by the governments of Taiwan and China, but by the Straits Exchange Foundation and the Association for Relations Across the Taiwan Strait, the two non-official agencies representing the two countries, Pan said.
Four factors led to the declaration of a typhoon day and the cancelation of classes yesterday, Taipei Mayor Chiang Wan-an (蔣萬安) said. Work and classes were canceled across Taiwan yesterday as Typhoon Krathon was forecast to make landfall in the southern part of the country. However, northern Taiwan had only heavy winds during the day and rain in the evening, leading some to criticize the cancelation. Speaking at a Taipei City Council meeting yesterday, Chiang said the decision was made due to the possibility of landslides and other problems in mountainous areas, the need to avoid a potentially dangerous commute for those
Typhoon Krathon, a military airshow and rehearsals for Double Ten National Day celebrations might disrupt flights at Taiwan Taoyuan International Airport in the first 10 days of next month, the airport’s operator said yesterday. Taoyuan International Airport Corp said in a statement that it has established a response center after the Central Weather Administration issued a sea warning for Krathon, and urged passengers to remain alert to the possibility of disruptions caused by the storm in the coming days. Flight schedules might also change while the air force conducts rehearsals and holds a final airshow for Double Ten National Day, it added. Although
SEMICONDUCTORS: TSMC is able to produce 2-nanometer chips and mass production is expected to be launched by next year, the company said In leading-edge semiconductor manufacturing China is behind Taiwan Semiconductor Manufacturing Co (TSMC) by at least 10 years as the Taiwanese chipmaker’s manufacturing process has progressed to 2 nanometers, National Science and Technology Council (NSTC) Minister Wu Cheng-wen (吳誠文) said yesterday. Wu made the remarks during a meeting of the Legislative Yuan’s Education and Culture Committee when asked by Democratic Progressive Party Legislator Wu Pei-yi (吳沛憶) about a report published in August by the Chinese version of Nikkei Asia that said Taiwan’s lead over China in chip manufacturing was only three years. She asked Wu Cheng-wen if the report was an accurate
PRO-CHINA SLOGANS: Two DPP members criticized police officers’ lack of action at the scene, saying that law enforcement authorities should investigate the incident Chinese tourists allegedly interrupted a protest in Taipei on Tuesday held by Hong Kongers, knocked down several flags and shouted: “Taiwan and Hong Kong belong to China.” Hong Kong democracy activists were holding a demonstration as Tuesday was China’s National Day. A video posted online by civic group Hong Kong Outlanders shows a couple, who are allegedly Chinese, during the demonstration. “Today is China’s National Day, and I won’t allow the displaying of these flags,” the male yells in the video before pushing some demonstrators and knocking down a few flagpoles. Radio Free Asia reported that some of the demonstrators
RSS