2010年12月29日 星期三
Expert downplays PRC threat to Taiwan - Taipei Times
Four-star US Admiral Robert Willard, commander of the US Pacific Command, made headlines earlier this week when he revealed for the first time that the missile was now in the early stages of deployment.
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2010年12月19日 星期日
2010年12月17日 星期五
EDITORIAL: Tsai Ing-wen throws in the towel - Taipei Times
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2010年12月9日 星期四
2010年12月4日 星期六
Japan-US exercises begin - Taipei Times
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2010年11月18日 星期四
Taiwan air defense needs a boost: US commission - Taipei Times
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2010年11月12日 星期五
Chen describes court ruling as ‘political murder’ - Taipei Times
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2010年11月7日 星期日
Justice system mustn’t isolate itself: Ma - Taipei Times
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2010年11月1日 星期一
[ LETTERS ] - Taipei Times
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2010年10月20日 星期三
EDITORIAL: Ma’s China misquotes irrelevant - Taipei Times
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2010年10月12日 星期二
Taiwan will be able to track PRC missiles: MND - Taipei Times
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2010年10月7日 星期四
Students for a Free Tibet : Press Statement: Tibetans Condemn Nepal Government for Confiscating Exile Election Ballots
For Immediate Release: October 4th, 2010
Press Statement: Tibetans Condemn Nepal Government for Confiscating Exile Election Ballots
Police in Nepal yesterday confiscated boxes holding thousands of ballots cast by Tibetans participating in the preliminary round of international elections to nominate candidates to the office of Prime Minister and Parliament of the Tibetan Government-in-Exile. Nepali authorities were informed about the election in advance and raised no objections. The electoral process was running smoothly until armed police stormed polling stations in the Kathmandu Valley around 4pm local time and confiscated the ballot boxes. (Radio Free Asia footage of armed Nepali police seizing ballot boxes can be viewed here: http://www.youtube.com/watch?v=N4fI58wpV6o).
We condemn this heinous act of repression by the Nepali authorities which tramples on the Tibetan people’s democratic right to freely elect their political leadership. Tibetans in Nepal have for decades participated, unimpeded, in the exile Tibetan democratic process and should be allowed to continue doing so. Under the leadership of the Dalai Lama, Tibetans have established a democratic system in exile that represents their commitment to upholding the democratic rights and freedoms denied to Tibetans living in Chinese-occupied Tibet.
It is widely known that the Chinese government is exerting increasing pressure on the government of Nepal to crack down on the political activities of Tibetans and to forcibly repatriate those who escape across the border
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2010年10月4日 星期一
Japan worried over ROC interpretation - Taipei Times
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2010年9月26日 星期日
Taipei Times - archives
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2010年9月21日 星期二
Taipei Times - archives
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2010年9月13日 星期一
Taipei Times - archives
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2010年9月8日 星期三
Taipei Times - archives
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2010年8月26日 星期四
Taipei Times - archives
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2010年8月19日 星期四
this man ma sellout Taiwan
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2010年8月14日 星期六
Taipei Times - archives
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2010年8月6日 星期五
not a soverign state
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2010年7月30日 星期五
Taipei Times - archives
Several hundred people took to Guangzhou’s streets on Sunday to demand the government halt efforts to push aside Cantonese.
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2010年7月19日 星期一
Evil ma like this
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2010年7月17日 星期六
Free Taiwan ??
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2010年7月13日 星期二
Taipei Times - archives
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2010年7月4日 星期日
Taipei Times - archives
It must be noted that China is not engaging in such economic deals out of a sense of philanthropy, but because they make political and economic sense. Chinese Vice Premier Zhang Dejiang (張德江) made two visits to Athens in one month, to finalize deals worth billions of dollars in shipping, tourism, telecommunications and mo
2010年6月28日 星期一
Taipei Times - archives
Another, and perhaps more relevant, argument against a public referendum on an ECFA is the fact that the majority of the population is ill equipped to pass judgement on such an agreement, because most people do not understand the implications well enough to be given the power to change policy. This argument has some merit, but whose fault is it? How could the population be adequately informed about a trade pact when its content has never been made public? Ignorance imposed on a people because it serves the purposes of a government cannot be accepted as a reasonable argument to deny people the right to vote.
2010年6月24日 星期四
Taipei Times - archives
Having returned recently from her first visit to Taiwan, US Senator Dianne Feinstein, chairwoman of the US Senate Select Committee on Intelligence, commented that the US’ US$6.4 billion sale of military arms to Taiwan was “a mistake,” and reiterated her opposition to the sale. The comments came after a tour of the region that also took her to Beijing and Shanghai, and seem to indicate a shift in US-Taiwan relations. Feinstein is known in the US Senate for her pro-China leanings and is a key figure amongst US politicians who favor maintaining good ties with Beijing. Believing Sino-US relations to be very important to US interests, she has always been somewhat opposed to the idea of selling weapons to Taiwan.
2010年6月21日 星期一
Taipei Times - archives
Recently, there have been a number of labor protests in China, something rarely seen since the Chinese Communist Party took power. These protests were sparked initially by conditions at the Foxconn plant in Shenzhen, which led to a spate of suicides and resulted in the company promising to increase wages by 122 percent.
2010年6月12日 星期六
Taipei Times - archives
Recent strikes at some foreign-owned Chinese factories to demand wage increases have drawn a lot of attention in the business world.
Chinese policymakers are worried higher wages will deter foreign investment. The Chinese State Council’s Taiwan Affairs Office Director Wang Yi (王毅) was reportedly to meet representatives of Taiwanese business associations from various provinces this weekend to discuss the matter.
2010年6月7日 星期一
Taipei Times - archives
Taiwan’s situation is similar. Despite Ma’s repeated expressions of goodwill, China still has about 1,500 missiles aimed at Taiwan. Furthermore, China’s repression in Tibet and Xinjiang and against Falun Gong practitioners signal that it could at some point resort to military force against Taiwan.
2010年6月3日 星期四
violate human rights
he Executive Yuan's Referendum Review Committee late last night voted down the Taiwan Solidarity Union's (TSU) request to hold a referendum on the government's proposed economic cooperation framework agreement (ECFA) with China. The vote, which was announced shortly before 11pm, was 12-4.
2010年5月30日 星期日
Taipei Times - archives
After another alleged sexual assault on a train, the Taiwan Railway Administration (TRA) said on Friday it would prioritize the first car on 256 commuter trains that depart before 7am and after 9:30pm for women and girls. However, a senior TRA official was quick to say that the first car would not be designated “women only” because the TRA doesn’t want to discriminate against men.
Taipei Times - archives
After another alleged sexual assault on a train, the Taiwan Railway Administration (TRA) said on Friday it would prioritize the first car on 256 commuter trains that depart before 7am and after 9:30pm for women and girls. However, a senior TRA official was quick to say that the first car would not be designated “women only” because the TRA doesn’t want to discriminate against men.
2010年5月26日 星期三
Taipei Times - archives
Government officials and Chinese Nationalist Party (KMT) lawmakers yesterday rushed to slam Democratic Progressive Party (DPP) Chairperson Tsai Ing-wen (蔡英文) for calling the Republic of China (ROC) a government-in-exile while the DPP defended Tsai, saying her remark was taken out of context.
2010年5月22日 星期六
Taipei Times - archives
While in principle, an economic agreement between the two countries would be laudable, it concerns us that there has been a lack of transparency and legislative checks and balances on the part of the government in Taiwan: Media and civic groups have complained about the secrecy of the negotiations and the fact that there is no clarity on what the agreement would entail or what impact it would have on Taiwan’s economy, in particular its agriculture sector, small and medium-size industries and the labor force.
2010年5月19日 星期三
Taipei Times - archives
James Freeman Clarke, a US minister and author, once said: “A politician thinks of the next election. A statesman of the next generation.” Echoing this insight is the recent debate on whether government policies should focus on immediate gain or long-term vision.
2010年5月16日 星期日
Taipei Times - archives
Academics assessing the nation’s democratic performance during the first half of President Ma Ying-jeou’s (馬英九) term yesterday urged the public “to provoke disputes” to revive the system of checks and balances that they said has been noticeably weakened under Chinese Nationalist Party’s (KMT) rule.
2010年5月14日 星期五
Taipei Times - archives
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“We should establish a ‘Bridle Ma Society’ and then use those bridles to rein in President Ma Ying-jeou (馬英九) so that he doesn’t run to his own death. We have already spoiled one president in Chen Shui-bian (陳水扁), are we now going to spoil Ma as well?”
You might think this sounds like something an emotional pro-green supporter would say, but you would be wrong. These are the words of Chang Hsiao-feng (張曉風), a well-known author generally revered by the pan-blue camp.
2010年5月10日 星期一
Taipei Times - archives
In President Ma Ying-jeou’s (馬英九) recent interview with CNN reporter Christiane Amanpour, he firmly said, “We will never ask the Americans to fight for Taiwan. This is something very clear.” After Amanpour’s repeated efforts, Ma finally exposed the Achilles’ heel he had tried to hide.
2010年4月30日 星期五
Taipei Times - archives
http://help.funp.com/lib/exe/fetch.php/funp/tools/tools_postbtn_script.png?cache=cachIn its annual report on press freedoms around the world, released on Thursday, Freedom House ranked Taiwan as having the 47th-freest media environment, a drop of four places from last year and a dramatic 14-place drop since 2008.
2010年4月23日 星期五
Taipei Times - archives
In its second reading of the amendment to the Personal Data Protection Act (個人資料保護法), the legislature passed the new, expanded version covering medical care, genetics, sex, health checks, criminal records, contact information and financial situation, as well as social activities and other personal data.
2010年4月22日 星期四
2010年4月17日 星期六
ma do sell out Taiwan?
This is the tragedy for Taiwanese. Beijing is the stronger power, while Taipei is like a businessman who only cares about the short-term interests of certain local industries and Taiwanese businesses investing in China. As it proudly brags about the Chinese gifts it brings, the Ma administration has given up on a national strategy for Taiwan. Today, the government is selling out Taiwan’s sovereignty and liberal democracy, and neglecting the widening income gap and rising unemployment rate. What is the Taiwanese public to do?
2010年4月12日 星期一
liar this man --ma
The fact is, other recent hot-button issues have fared badly in the critical arena: The response to Typhoon Morakot, the US beef fiasco and preparation for swine flu.
2010年4月6日 星期二
judicial reform in Taiwan
2003 was a year of many accomplishments in the field of judicial reform in Taiwan. In January, the case of the Hsichih Trio, which had been stuck in the courts for years, took a dramatic turn as the accused were found not guilty. In February, the newly amended Code of Criminal Procedure (刑事訴訟法) was promulgated and came into effect in September, formally incorporating the presumption of innocence into the articles of law.
2010年3月31日 星期三
liar ECFA
It’s an irony for Chinese negotiators who took part in the second round of economic cooperation framework agreement (ECFA) negotiations in Taoyuan County yesterday to say from a resort in Dasi that they remain open-minded about the trade pact and would do whatever they can to minimize any potential negative impact on the local economy.
2010年3月25日 星期四
2010年3月18日 星期四
Taipei Times - archives
http://help.funp.com/lib/exe/fetch.php/funp/tools/tools_postbtn_script.png?cache=cacheSome businesses and academics are complaining that they were coerced to endorse an economic cooperation framework agreement (ECFA) the government seeks to sign with Beijing, Soochow University professor Luo Chih-cheng (羅致政) said yesterday.
Luo, who doubles as chief executive of Taiwan Brain Trust, said that when the think tank talked with businesspeople, trade unions and industrial groups, some complained they were “threatened” or “lured by the promise of gain” to support an ECFA or refrain from expressing their concerns over the pact.
2010年3月17日 星期三
This kind of china
2010年3月16日 星期二
Taipei Times - archives
Asked if arms sales to Taiwan and the recent visit to the White House by the Dalai Lama could result in relations deteriorating before they get better, Steinberg sought to avoid the question.
2010年3月13日 星期六
Red china
By any dispassionate analysis, though, China appears terribly paranoid about the Dalai Lama and the Tibetan issue.
2010年3月10日 星期三
China rolls out sticks and carrots
http://help.funp.com/lib/exe/fetch.php/funp/tools/tools_postbtn_script.png?cache=cacheChina wants to absorb Taiwan. That’s its policy, which it calls “complete reunification” (完全統一). The policy will change as circumstances change. The basic strategy is a two-pronged approach of military force and the so-called “united front strategy,” a classic carrot-and-stick policy that is manifested in a variety of ways. Intimidation by violence is relatively simple, but Beijing can be more creative with the carrots.
2010年3月5日 星期五
2010年3月4日 星期四
Beijing scare of Taiwan culture
http://help.funp.com/lib/exe/fetch.php/funp/tools/tools_postbtn_script.png?cache=cache Beijing is now seizing the opportunity created by the presidency of Ma Ying-jeou (馬英九) to impose a Chinese cultural template on Taiwan.
2010年3月3日 星期三
2010年2月28日 星期日
2010年2月24日 星期三
Beijing can still afford to turn a ‘blind eye
Beijing can still afford to turn a ‘blind eye’
By Lu I-ming 呂一銘Thursday, Feb 25, 2010, Page 8
During the Lunar New Year break, Chinese President Hu Jintao (胡錦濤) went to Fujian Province to visit the Taiwanese business community in Zhangzhou. Speaking on the economic cooperation framework agreement (ECFA), Hu said that “as long as it is beneficial to our Taiwan compatriots, we will do our best to make it happen. We say it, and we will do it.”
He also gave an assurance that Chinese agricultural products wouldn’t be exported to Taiwan. These comments, aimed directly at the Taiwanese public, will be welcomed by President Ma Ying-jeou (馬英九) at a time when he is seeing a fall in his popularity rating and general reputation.
If you think about it, Beijing’s bark of late seems to be much worse than its bite. Look at its handling of issues involving the Dalai Lama or exiled Uighur leader Rebiya Kadeer; or its response to US arms sales to Taiwan. Another example came during the Lunar New Year break, when Ma received US representative and member of the Select Committee on Energy Independence and Global Warming, James Sensenbrenner, Jr.
During the meeting, Ma described the signing of the ECFA as an agreement between “two nations,” although this phrase was soon amended to “two sides” on the official Web site of the office of the Republic of China president. Beijing turned a blind eye for a few reasons.
Ma said early on that he had signed up to the idea of “eventual unification,” and the policy of his party, the Chinese Nationalist Party (KMT), was to be open to dialogue with the Chinese Communist Party (CCP), in what have become known as the KMT-CCP forums. Beijing, therefore, is willing to be very forgiving when Ma appears, for all intents and purposes, to be overstepping apparently sacrosanct lines. Beijing brushes off these “transgressions” as nothing but “election-speak” or actions done for appearances’ sake for the audience in Taiwan. How else could they play it, if Ma cannot even be assured of a second term come the 2012 presidential election?
Ma has already put the signing of the ECFA on his to-do list for this year. In making these assurances to Taiwanese businesspeople during the Lunar holidays, Hu was clearly trying to set the correct conditions for Ma, to grease the wheels.
However, despite the fact that Taiwan is a democracy, the government and opposition parties do not actually have any say over what is decided in the ECFA talks. As it stands, agreements made during these talks automatically come into effect around one month after they are signed, a matter of some confusion and frustration for the general public.
There should be some form of legislative oversight to supervise cross-strait issues, or they could be decided by public referendums. So far a total of 12 cross-strait agreements have been signed, and a consensus reached — things are not moving slowly. This makes the case for oversight all the more pertinent. Furthermore, the operating principles of the Legislative Yuan’s Cross-Strait Commission (兩岸事務因應對策小組) can be altered with a single amendment.
The ECFA talks have already become a kind of benchmark for the KMT-CCP forum. Last year there were visits by two CCP committee members, with another round of delegations headed by three more committee members expected this year for a number of economic, trade and cultural exchanges.
One suspects that Beijing already sees Taiwan as a “provincial level” administrative unit. With the signing of the ECFA looming, you would be forgiven for feeling a sense of foreboding about the KMT’s apparent rashness.
Lu I-ming is the former publisher and president of the Taiwan Shin Sheng Daily News.
TRANSLATED BY PAUL COOPER
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2010年2月22日 星期一
2010年2月10日 星期三
Taipei Times - archives
http://help.funp.com/lib/exe/fetch.php/funp/tools/tools_postbtn_script.png?cache=cacheWhen China addressed the arms sales issue, it went as far as to reprimand the US, but said nothing of whether Taiwan was in the wrong for its involvement, preferring not to complicate the issue. This is an example of how China has tried to divorce economic considerations from politics in its dealings with Taiwan to speed up the process. This seems to indicate that China will strive to put politics on the back burner for the duration of the talks, and make sure nothing gets in the way. For this reason, it seems likely that an ECFA will be signed in the first half of this year.
2010年2月9日 星期二
Taipei Times - archives
Taiwan’s economy stuck in limbo
By Shen Chung-hua 沈中華Wednesday, Feb 10, 2010, Page 8
On Dec. 17, Vice President Vincent Siew’s (蕭萬長) financial advisory team said Taiwan, with its high-technology edge, should set up a high-tech funding center. On Dec. 22, President Ma Ying-jeou (馬英九) gave the plan his stamp of approval. Central bank Governor Perng Fai-nan (彭淮南), however, has declared war on hot money on the grounds that the speculative flow of investment capital from country to country destabilizes exchange rates, which in turn causes problems for exporters.
Perng recommends curbing the inflow of hot money through measures such as levying a transaction tax, and has called for the financial center idea to be put on hold.
The public may think these two aims could be pursued at the same time, but they actually conflict. If Ma declares the establishment of a funding center a government policy, we will have to learn to live with an influx of hot money. A funding center is, after all, a platform for raising funds. Foreigners would be able to issue shares in Taiwan and take the money away with them. Equally, they could invest in Taiwan, bringing money into the country.
Obviously one would hope that the inflow and outflow of capital would follow the proper procedure, but in reality investors around the world act according to both rational and irrational expectations, often generating sudden massive inflows and outflows of capital. This would certainly happen in Taiwan if a financial center was established. If we tried to obstruct the process, this inflow and outflow of money would go to other centers, and Taiwan would be left out.
The world’s three biggest financial centers are New York, London and Hong Kong. The authorities in those places do worry about the circulation of hot money, and they caution people to beware of it. The purpose of these warnings is to remind investors to beware of bubbles; they are not aimed at those who move funds in and out. The authorities intervene in the fund-transfer process. Otherwise, money would not be able to flow in or out. What kind of a financial center would that be?
But how do these established centers handle the effects of the inflow and outflow of hot money on currency exchange rates? Again taking the three biggest financial hubs as examples, the US and the UK have floating exchange rates, while Hong Kong has a linked exchange rate system that pegs the Hong Kong dollar to the US dollar, but its central bank still does not interfere. In other words, while the exchange rates of these financial centers are at opposite ends of the spectrum — completely floating and completely fixed — in both cases there is no intervention by the central bank. There is no room in these centers for a middle way — managed floating exchange rates. Their central banks are concerned about exchange rates, but they do not concern themselves on a daily basis with what exporters want exchange rates to be.
On the other hand there are countries that have declared war on hot money, such as Brazil, Chile and Malaysia. They have taken steps to impose tax on hot money transactions. None of these countries can be considered to be financial hubs, nor do they intend to become funding centers.
When Yale University economist James Tobin proposed levying a tax on hot money, his advice was intended for the ears of developing countries, not for financial hubs like New York, London and Hong Kong.
How to curb hot money and, at the same time, become a financial center is a tough question, and one that nobody is talking about so far. So if you want to be a financial center, then you are not in a position to exclude hot money. If you want to run a casino, then you have to accept that gamblers sometimes take home the winnings.
When the global financial crisis struck, many people asked why Taiwan was so badly hit. One reason is that an export-based economy is too dependent on overseas demand. When overseas demand fell, Taiwan’s exports were harder hit than those of some other countries. This prompted heated discussion about whether we should continue with such an economic strategy. Was it time for a change in Taiwan’s economic structure? Should financial services be developed to be a bigger part of the overall economy?
Many saw the crisis as an opportunity for change. Today, however, it appears that the central bank has decided that it wants to be the central bank of a manufacturing and exporting economy, not the central bank of a financial center. That being the case, the financial center idea cannot go forward.
So the funding center we have in mind would in reality be just a capital market that is a bit better than those of Thailand and Malaysia. We look at exports and see plenty of benefits, but we don’t want to see their downside. In our hearts, we deeply fear the free inflow and outflow of funds that a financial center would entail.
If we cannot rid ourselves of this fear, Taiwan’s economy will never be transformed.
Shen Chung-hua is a professor in the Graduate Institute of Finance at National Taiwan University.
TRANSLATED BY JULIAN CLEGG
This story has been viewed 230 times.
2010年2月8日 星期一
2010年2月6日 星期六
2010年1月28日 星期四
Taiwan’s debt deserves attention
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Taiwan’s debt deserves attention
By Huang Juei-min 黃瑞明Friday, Jan 29, 2010, Page 8
Greece is on the verge of bankruptcy, but what, you may ask, does that have to do with Taiwan?
A few months ago, Taiwan’s mainstream media were publishing anxious editorials and opinion pieces about how the nation was up to its ears in debt. Taiwan’s real national debt has reached NT$19 trillion (US$590 billion), and international ratings agencies have started cutting its credit ratings. Despite the seriousness of the situation, the government, and especially the Ministry of Finance, does not seem at all concerned.How can the situation not be serious when each one of us bears a debt burden of NT$860,000 (US$27,000)? Once, when I was chatting about this with a colleague, he said: “However high the national debt may be, it won’t have any effect on ordinary people’s lives. Life will go on just as before.”
If people are so unconcerned, no wonder the media have stopped talking about it.
Germany is another country weighed down by debt. The German federal government responded to the financial and economic crisis by injecting relief funds of 1.6 trillion euro (US$2.28 trillion). This year alone, the country must pay 42 billion euro in interest — more than it spends on defense, education, science and culture combined. There is endless public debate about how to cope with such an enormous debt. Following last year’s general election, the Free Democratic Party, a minor party that favors making big tax cuts to stimulate investment and consumption, joined German Chancellor Angela Merkel’s government as a coalition partner, intent on carrying out its campaign promises.
This idea has provoked a backlash from German society, from university professors to the man and woman on the street. Everyone is worried that tax cuts will only make the country’s financial situation worse. Germany’s national debt is four times Taiwan’s, but it must be seen in relation to GDP. While Germany’s GDP is US$3.7 trillion, Taiwan’s is less than US$400 billion. If Germans are tearing their hair out over their national debt, how can people in Taiwan not be worried?
The root cause of Taiwan’s national debt is that we are bad at increasing revenue and curbing expenditure. The government squanders money on the one hand and cuts taxes willy-nilly on the other. A good example of squandering money is the more than NT$200 billion paid out every year in pensions for retired military personnel, public servants and teachers. As the number of retirees grows, and with people living longer, this burden can only get heavier. A little more than a year ago, I had occasion to put this point to then-minister of education Cheng Jei-cheng (鄭瑞城).
Cheng answered frankly: “This is a serious problem, but it is not one that the Ministry of Education can solve.”
As the national debt keeps on growing, Taiwan’s credit rating is bound to keep on falling. Another result will, of course, be a big drop in the value of the NT dollar. When that happens, the government will have no choice but to make big cuts in public spending, and the result of that will be frequent protests, demonstrations and social unrest. Clearly, the national debt is going to have a very real influence on the lives of ordinary people.
Greece’s current predicament should serve as a warning. Its GDP is just a little less than that of Taiwan, but its national debt of 300 billion euro has the country gasping for breath. The problems mentioned above have already come into the open. The core problem in Greece is systemic corruption, especially in government. Falsification, cronyism and bribery are deeply rooted in Greek culture. Think about it, though — are Taiwanese any different?
Those who fail to foresee the future will have problems in the present. We should not make the mistake of thinking that the national debt will only bring grief to future generations. It is going to make the present generation suffer first.
Under the third-rate democracy we have in Taiwan, President Ma Ying-jeou’s (馬英九) government will of course keep papering over the cracks, putting the problem off until after he has been elected to a second term.
The worrying thing is this: while Greece has the EU and the IMF to back it up, whom will Taiwan look to when it reaches the verge of bankruptcy? Will we end up begging for money from China? It doesn’t matter which side of the political divide you stand on, that is a nightmare prospect for everyone in Taiwan.
Huang Juei-min is a law professor at Providence University.
TRANSLATED BY JULIAN CLEGG
2010年1月19日 星期二
2010年1月18日 星期一
The backsliding of judicial reform
The backsliding of judicial reform
By Celia Llopis-jepsen 游思麗Tuesday, Jan 19, 2010, Page 8 You’ve probably heard of the Hsichih Trio. What you probably haven’t heard is that this case and others like it helped precipitate one of the most important judicial reforms in Taiwan’s history — amendments to the Code of Criminal Procedure in 2002.
As a result, should you now find yourself to be a defendant in a criminal case, you have rights in presenting your side of the story that the three young men arrested in 1991 did not have.
But those rights are not enough.
A case in point: Even now, a defendant in a civil case that goes to the Supreme Court is entitled to a public defender, but a defendant facing more serious criminal charges — even leading to the death penalty — is not.
There is no justification for this, but there is an explanation. Historically, the courts have presumed defendants in criminal cases to be guilty until proven innocent. Their rights, and the risk of wrongful conviction, were not a concern.
Legal reforms in the past 10 years have tried to change that, but this mentality is reflected in parts of the law to this day.
Last week, Freedom House lowered Taiwan’s civil liberties rating in its annual Freedom in the World report, citing in part the inadequate protection of defendants’ rights in criminal cases, and naming as an example a “high-profile murder case” — perhaps a reference to the Chiou Ho-shun (邱和順) or Hsu Tzu-chiang (徐自強) cases, both of which saw fresh convictions in retrials last year.
Let’s flesh this out a little. What we should say, and the reason Freedom House was right to lower its rating, is that despite a momentous overhaul of the courts eight years ago that was designed to address this problem, the institutional capacity to abuse defendants’ rights remains.
Recent proposals to amend the law further indicate that legal reform may take a turn for the worse. If the proposals from the Ministry of Justice and the Judicial Yuan proceed, we should no longer be concerned that reform has slowed; we should worry instead that it may be backsliding. The presumption of guilt seems to be gaining legitimacy again, despite years of efforts to root it out.
In 1999, disgust over cases like the Hsichih Trio came to a head. A landmark National Judicial Reform Congress that had been called to outline steps toward a fairer judiciary proposed divesting judges of their investigative powers and strengthening the position of the defendant in court.
Three years later, amendments to Articles 161 and 163 of the Code of Criminal Procedure were passed, and with that, Taiwan’s courts adopted a modified adversarial system. Before then, they used an inquisitorial system — often associated with continental Europe — rather than the adversarial system of Britain, the US and other places where English law has left its mark. Taiwan’s system now is a version of the latter.
The difference is this: Judges today are expected to listen impartially and passively to two sides of a case — one presented by the defense, one by the prosecution. (Before 2002, judges played the role of prosecutor, investigating the case themselves. Prosecutors indicted suspects, but did not have to attend court hearings.) The defense, meanwhile, is allowed to cross-examine the prosecution’s witnesses and question interpretations of forensic evidence.
The spirit of the change was that the prosecution and the defense should enjoy the same status in court and have the same opportunities to make their case, while the judge should not be in direct conflict with the defendant.
The inquisitorial system may work well in some countries, but it was not working well in Taiwan 10 years ago, when the country began mulling these changes.
Taiwan was a young democracy, only recently emerged from the world’s longest period of martial law; a country where judges were not required to have law degrees, but were trained by an authoritarian regime.
The shockingly weak case against the Hsichih Trio, among others, said it all: The courts could not be trusted to dispense even-handed justice.
For this reason, the year 2002 was a victory for judicial reform advocates. But it wasn’t a miracle. Changing the law took Taiwan a few years — but what about changing court culture?
Eight years down the line, defense lawyers are not always on an equal footing with prosecutors, while judges at times may slip out of their redefined roles. And as for the presumption of innocence, there is cause to believe that the Hsichih Trio, Chiou and Hsu are still at trial so many years after their cases began not because they have been proven to be guilty, but because they have not been proven to be innocent.
These are some of the obstacles the judiciary is still struggling with — and now the Ministry of Justice and the Judicial Yuan risk making the process even harder.
In October, the Judicial Yuan passed the Fair and Speedy Criminal Trials Act (刑事妥速審判法), which, if approved by the legislature, could prevent defendants who have been wrongfully detained for many years from receiving damages under the Compensation for Miscarriages of Justice Act (冤獄賠償法).
The draft law also seems to validate the presumption of guilt. For example, one provision states that not-guilty verdicts in long-running cases should be final if the defendant is found innocent at three separate High Court retrials. What critics rightly wonder is why a defendant should have to be found innocent three times to be acquitted.
The justice ministry, meanwhile, is mulling changes to the Criminal Code that are no better. These include, but are not limited to:
‧ Restrictions on “inappropriately” publicizing details of court cases (likely to have a chilling effect on journalists, civic groups and lawyers).
‧ Barring lawyers and defendants from “disobeying the orders of judges and prosecutors” or “speaking inappropriate words” to them.
‧ Extending the perjury law to encompass defendants, barring them from “concealing evidence” and threatening lawyers with up to seven years’ prison for abetting perjury.
‧ Barring lawyers from “harassing” witnesses.
(These changes are explained in the Taipei Times reports “MOJ proposal sparks concern among lawyers,” Dec. 18, page 1, and “Bar association attacks MOJ plans,” Jan. 5, page 3.)
The proposal has academics and lawyers crying foul, warning that the amendment would infringe on the right to remain silent and the right not to incriminate oneself, while intimidating lawyers out of putting together the best possible defense for their client.
Can the defense and prosecution enjoy equal footing if defendants and lawyers are bound under penalty of imprisonment to obey prosecutors’ “orders”?
The justice ministry and Judicial Yuan proposals may not threaten the distinct roles for judges and prosecutors set out under the adversarial system, but they could subvert the spirit of the system by validating the presumption of guilt and weakening defendants’ rights.
Articles 154 and 301 of the Code of Criminal Procedure state that every defendant shall be presumed innocent until proven otherwise, that guilt can only be proven through evidence and that absent this evidence, the defendant shall be acquitted.
Ask judicial reform experts what it will take for these principles to be applied consistently in Taiwan’s courts and some of them just shake their heads.
“A new generation of judges” is a common answer.
In other words, progress is not just a matter of changing the law — it takes time, too.
But in the meantime, is it too much to ask that the justice ministry and the Judicial Yuan refrain from making things worse?
2010年1月16日 星期六
臺灣有「可能」芬蘭化嗎?/廖東慶 作品 - hsutung5@gmail.com
http://help.funp.com/lib/exe/fetch.php/funp/tools/tools_postbtn_script.png?cache=cache臺灣有「可能」芬蘭化嗎?
美國學者季禮先生,以一篇非常特別的文章「臺灣芬蘭化」,
在二次大戰之前,芬蘭是個主權獨立的國家,
從1945年再往後推到2010年,65年後的今天,
軍隊是代表一個國家主權的象徵,
如果今天季禮先生是美國現任政府官員的話,
而且「臺灣芬蘭化」正是「中國」最喜歡解決臺灣最好的方法之一,
(全文完) (廖東慶/北美政治評論家)
(歡迎轉寄/轉貼/下載)
http://taiwan9.ning.com/
2010年1月13日 星期三
Taipei Times - archivesIf you think this is cold, you don’t know what ‘cold’ really means
If you think this is cold, you don’t know what ‘cold’ really means By Ian JackTHE GUARDIAN , LONDON Thursday, Jan 14, 2010, Page 9
This may be because the sensation of being cold is hard to convey in pictures, but a more likely explanation to me is that many fewer people are as cold as they were, say, in the winter of 1947, and that coldness for most of us has retreated to the status of a historical memory because keeping warm is now so much easier. Predicting temperatures of minus 20˚C, the TV weatherman looks serious; he may even hunch his shoulders and act out a hammy “brrrr”; but our reaction is mainly a thrill that we should be living through such times. This isn’t new. Reflecting on his experience of dragging a sled through an Antarctic winter in 1911, Apsley Cherry-Garrard mocked the people he’d subsequently met who claimed to have endured similar cold: “Oh, we had minus 50˚C temperatures in Canada; they didn’t worry me.” And then, Garrard wrote: “You find that they had nice dry clothing, a nice night’s sleep in a nice aired bed, and had just walked out after lunch for a few minutes from a nice warm hut or an overheated train.” As an experience of cold, he continued, this could only be compared “to eating a vanilla ice with hot chocolate cream after an excellent dinner at Claridge’s.” Cherry-Garrard’s book, The Worst Journey in the World, must be among the best descriptions of cold ever written. The author was a member of Robert Falcon Scott’s polar expedition, but the “worst journey” in the title doesn’t apply to Scott’s fatal trip. Earlier — together with two men, Wilson and Bowers, who died with Scott — Cherry-Garrard spent five hellish weeks trudging the 225km to and from the breeding grounds of the emperor penguin, to fetch back eggs whose embryos, it was mistakenly thought, might contain evidence of the missing evolutionary link between fish and birds. They hauled their sled in almost total darkness, through blizzards and up and down crevasses and in temperatures that ranged from minus 40˚C to minus 57˚C. The sweat froze inside their clothes and the breath around their faces. Cherry-Garrard wondered why their tongues never froze — although did they protect them by keeping conversation to a minimum. As it was, “all my teeth, the nerves of which had been killed, split to pieces,” he wrote. Their skin peeled off or got frost-bitten if it came into the briefest contact with metal. Ice formed over the pages of Wilson’s notebook as soon as he opened it to write. Match after match was struck uselessly to light the primus stove that heated their diet of hot water and pemmican. Cherry-Garrard dreamed of tinned peaches in syrup and welcomed the notion of death. Other books can send a shiver through the reader. Antony Beevor’s Stalingrad, for example, tells us that immiserated German troops were so desperate for gloves that they killed and skinned stray dogs; and that later, when taken prisoner, they would sometimes stand together in a group at night with a blanket over their heads “hoping to sleep like horses ... to keep in some warmth from their breath.” Cherry-Garrard, however, writes vividly and memorably out of bitter personal experience and it was his book I thought of this week when we returned to a cold house where the central heating had in our absence gone kaput. I don’t mean that we were absurd in our self-pity; a house in north London isn’t a tent on Mount Erebus and there was no pemmican to be boiled. We settled in one room, lit a fire and made smart dashes to other parts of the house to fetch food and fuel. But the chill was noticeable — it affected our domestic behavior — and over the next two days we were returned to a time of the vest and the cardigan, when flannel and flannelette were indispensable textiles, when bathwater needed to be heated in pans, beds warmed well in advance by hot bottles, and the source of draughts identified and, where possible, stopped with a strip of felt. In other words, we’d moved away from the luxurious experience of cold as “a vanilla ice with hot chocolate cream” and an inch or two towards Cherry-Garrard’s extreme and prolonged discomfort. Hunched around our fire, it was easy to remember how this present scene had been a previous normality and how household life was once so much colder. “I would wake up in the morning and there would be ice on the inside of my bedroom window.” “I remember the first sound I heard every morning was mum scraping the ashes from the grate.” “Housewives used to have scorch marks down one side of their legs from sitting too close to the fire — they called it fire tartan.” “The furniture was arranged differently then — the chairs around the fire and then an awkward gap between them and the sideboard.” “Dad was a devil with the poker.” The revolution came, of course, with central heating. In the days when smoke still drifted from every household chimney and coal came to the door in sacks, my Latin teacher taught us the word “hypocaust.” Roman villas, he said, had a form of central heating concealed beneath their floors — the Romans being so advanced, and in this instance more advanced than we were, because heating systems that used radiators were in the 1950s (so far as we knew) confined to institutions such hospitals and schools that had boiler houses and neat pyramids of coke, supervised by men in clean brown overalls. And then within 30 years nearly every house was fitted with its miniature variant. Gas and oil replaced coke. Some people claimed to dislike it — it made houses “stuffy” — and placed saucers of water near radiators (as though they were pets) to act as makeshift humidifiers. But there was no stopping central heating’s advance. If the pill changed sexual behavior, then central heating did the same for the family, sending children to nest in warm bedrooms, permitting more frequent baths, redistributing the living room furniture. Entire houses, rather than just one or two rooms inside them, now glowed wastefully with heat. From this balmy atmosphere, fueled largely by imported gas, we can view the external cold with far greater equanimity and mainly in terms of its disruptive effect on transport or its pathetic consequence for sheep. Unless things go wrong, we don’t feel it, not as we used to do. And if things do go wrong, I recommend you pick up a copy of The Worst Journey in the World, which will make you thank God for even the coldest bedroom. In that sense, it is a very warming book. This story has been viewed 194 times. | |
Beef debacle teaches Ma a lesson
Beef debacle teaches Ma a lesson
By Ker Chien-ming 柯建銘Thursday, Jan 14, 2010, Page 8 After two months of maneuvers by the ruling and opposition parties, the US beef affair has finally been brought to a close. The passage of a legal amendment banning imports of certain beef products from countries with a history of mad cow disease can be seen as a declaration of a new era of independence for the legislature, and a strong vote of no confidence in President Ma Ying-jeou (馬英九).
Ma must learn to be humble and listen to the voice of the public instead of being blinded by his ever-more-absolute powers. He must realize that the US beef issue, and that of the proposed cross-strait economic cooperation framework agreement (ECFA), have at least symbolic implications for Taiwan’s sovereignty, and we cannot allow that to be compromised through deals behind closed doors. The US beef affair should be a revelation for the Ma administration as it proceeds with preparations for an ECFA.
President Ma took on the concurrent post of Chinese Nationalist Party (KMT) chairman in an attempt to control his party and the legislature. He had a dream of complete control of the government, but now it is time for him to wake up. Evidently being chairman of the KMT as well as president is no panacea.
Ma blames the US beef affair on poor communication and insufficient publicity, even naming Department of Health Minister Yaung Chih-liang (楊志良) as responsible, but has avoided any suggestion that the National Security Council (NSC) might bear some political responsibility. He wants the executive and legislature to send a joint lobby group to the US, but doesn’t want to talk about how to improve communication with the legislature. Ma can’t see the forest for the trees, and his behavior reveals his tendency to shield his own shortcomings. Within the KMT, everyone is trying to blame someone else, with no one willing to accept responsibility.
With regard to constitutional government, the executive, having had its policy negated by the legislature, must now consider whether to resubmit it. If it does not, it means it accepts the legislature’s decision. With regard to the US beef issue itself, it means that Ma will have to think how to reopen talks with the US. As things stand, he has said that he will hold sincere consultations with the US side as soon as possible, but he has not proposed any concrete solution.
What he says now stands in contrast with earlier statements by NSC Secretary-General Su Chi (蘇起), who said the Taiwan-US trade protocol took precedence over domestic law, and who tried to intimidate the legislature by suggesting that the US would respond with economic and trade reprisals. Su has only himself to blame for the legislature’s having countered the protocol by passing the amendment. All this shows that Ma and his national security team are poor negotiators and don’t know how to deal with the consequences of their own actions.
The only forward-looking thing Ma said at his press conference was that he will look into setting up a comprehensive mechanism to handle communication between the executive and the legislature when executive departments are preparing treaties or legislation related to foreign relations such as the ECFA. Actually, the ECFA promises to be a replay of the US beef affair.
Ma has so far refused to consider a proposal by Legislative Speaker Wang Jin-pyng (王金平) and the Democratic Progressive Party to set up a group in the legislature devoted to monitoring developments in cross-strait relations, and he opposes establishing rules to govern the signing of cross-strait agreements. In fact the Constitution clearly states that the legislature has the power to deliberate and pass resolutions on such matters as declarations of war, armistices and draft treaties. The US beef protocol is such an issue, and so is the ECFA.
Ma’s current difficulties are, in part, a result of inadequacies in his own character and ability, but the main problem is that, submerged in his own unlimited and ever-expanding power, he is unaware of looming backlashes from public opinion. Ma needs to break free of the spell that power has cast over him. He needs to appreciate the public’s worries about the KMT’s monopoly on power and the people’s feelings of insecurity about national sovereignty issues, and he must learn to fully respect the legislature and pay heed to public opinion. Only then will he be able to reduce the tension and antagonism between the governing and opposition parties, and that, in turn, will be to Taiwan’s advantage in the perilous and complex course of cross-strait negotiations.
Ker Chien-ming is a Democratic Progressive Party legislator.
台灣印象2010中國抗議 衝著新一波對台軍售
| 20100111自由時報 中國抗議 衝著新一波對台軍售 |
| 20100111自由時報 〔記者許紹軒/台北報導〕中國拉高美國對台軍售的抗議力度,我軍方將領分析,最近的愛三飛彈案根本不是新案,前年布希政府宣布售台愛三時,中國已經有過激烈抗議,研判美國應有另一波新對台軍售案要宣布,事先照會過北京,最初的抗議應是中國先聲奪人之舉。 |