Colored line between political corruption and political prejudice

BBC International article for quick facts

There is an unfortunate blend or lemon twist on the facts.

Who is right here? Is there true justice and balance in the courts and a separation of powers in Taiwan as it is supposed to be in the United States? There is not one person that is right here. Is is true that President Chen Shui-bian concedes to “raising” over 1 million dollars?

In December of 2008, there was a panel of 3 judges and somehow the judges changed and former President Chen Shui-bian was put back on trial. In America, that would constitute as double jeopardy protected by the 5th Amendment that does not allow a defendant to be put on trial a second time for the same charge(s) after such defendant has been acquitted at the first trial for the same charge(s).

There are many questions here. But are there any clear answers…

Chen Shui-bian concedes that there may be misguided campaign fundraising rules.

1) What are the rules? 2) In what ways did he obtain the funds? 3) Were those fundraising methods in compliance with Taiwan’s rules?

Sentencing.

(1) Is that the mandatory sentence according to Taiwan’s statutory law based on graft or political corruption?

(2) Were there more policy reasons rationalizing a life sentence in this case?

Taiwan Court rules for changing the judges on the panel.

(1) Who were the three original judges on the panel? (2) Who were the new judges on the panel that ended up sentencing Chen Shui-bian to life in prison? (3) What were there backgrounds and if they had any communications with the KMT party?

Below is an article forwarded to me. The article was written by Michael Stainton, President of the Taiwanese Human Rights Association of Canada.

Guilty by verdict, by not by evidence

On September 11 the Taipei District Court issued a verdict and sentence in the bundle of corruption cases centered on former President Chen Shui-bian and first lady Wu Shu-chen. To the surprise of no one, Judge Tsai Shou-hsun found them guilty on all the charges in the Special Prosecutor’s Office December 2008 bill of indictment, and imposed the maximum penalty. President Chen was sentenced to life imprisonment, permanently stripped of his civil rights, and fined two hundred million NT$ (US$6 million). Wu Shu-chen received the same sentence except she was fined three hundred million. Other accused received far lighter sentences.

There are actually several cases here. Readers can be forgiven for not wanting to know all the details. But this case should be of concern because it is one more piece of evidence that the process of democratization in Taiwan is being reversed as the Chinese Nationalist Party (KMT) moves this island ever closer mother China, where a trial like that of President Chen would be normal operating procedure. A brief review of the charges, even without recounting the procedural absurdities and injustices which have marred the process, can show why Chen’s lawyers and foreign Taiwan watchers predicted exactly this outcome.

The first is case is about money laundering. Chen is now convicted of transferring stolen money overseas to avoid detection. However, we still do not know if it was actually stolen. If one has the stamina to read the 202 pages of Chinese in the indictment, one first crawls through some 190 pages detailing a mind-numbing multitude of bank transfers and how Wu Shu-Chen, her children and her brother moved large amounts of cash around the world. In this there is no mention of President Chen being involved. Finally, after the 194th page, the indictment exclaims how could President Chen not have known about all this, and baldly states that he was a knowing and willful co-conspirator. But the only bit of evidence it presents linking Chen to all this is that he once made a phone call to a bank about a problem with one of these accounts. Other evidence of the crimes of President Chen is a brief sermon about how he violated the high principles of his presidential oath of office, and showed a bad and unrepentant attitude by refusing to confess his guilt.

Moving money around the world is only money laundering if the money is illegally obtained and so needs to be laundered, and here the evidence presented in the indictment is equivocal. Most of the money involved was the surplus from the presidential election campaigns of 2000 and 2004. In Taiwan surplus election funds are the personal property of the candidate, and there are no clear laws on its use or requirements that it be held for future elections. Everyone in Taiwan deplores this situation, but the laws have been kept loose for years precisely to facilitate the KMT’s own use of its own immense resources. Along with most of the other bills the Chen administration presented to the KMT-controlled legislature, attempts at legal reforms were deferred, blocked or mutilated by amendments.

In several public statements even before he was arrested Chen apologized that he had not acted wisely or transparently in the use of his election funds, but also pleaded that as president he had neither the time nor legal right to be involved in the financial dealings of his family. Wu managed all their money. It is widely known in Taiwan, even among their friends, that Wu loved money and that in recent years her relations with her husband had become strained. Chen claims that when these accusations became news he questioned her about them and that she was less than honest with him, so that he was not in the loop.

Chen is also accused of misuse of state funds – embezzlement – in relation to the secret foreign affairs and presidential discretionary funds which he used the same way as previous presidents. The difference is that previous presidents were all KMT and so their use did not constitute misuse. More astounding is that the detailed figures of use of these funds and Chen’s bank records gives no evidence that President Chen pocketed any of these monies, but the assumption of guilt was good enough for Judge Tsai.

The third charge is receiving bribes in the case of land acquisition for a high tech science park, and here it is proved that monetary gifts were given to Mrs. Chen who inserted herself into these negotiations. However, all testimony in this case agreed that President Chen had no involvement in the land negotiations or knowledge of the gift. One could reasonably conclude with the prosecutor “how could he not know”, but this begs the question – your knowledge of the wrongdoing of others is not a basis for finding you guilty of their crime.

To make this more interesting, there is a very recent precedent in Taiwan of a bribery case involving a senior politician and his wife. In 2006 the magistrate of Hsinchu County, Zheng Yongjin, was convicted of receiving a bribe from a contractor in pursuit of work on a large project. The “moon cake box” case was the subject of much merriment in Taiwan as the contractor (who sang like a birdie once he was arrested) delivered the money as a gift in a box of moon cakes. This was received at the door of their home by the magistrate’s wife. Mr. Zheng continued to serve as magistrate even after his conviction while he appealed. In December 2008 the appeal court found him not guilty because there was no proof that the magistrate himself received the money or knew it was given by the contractor. You might think this would be a precedent in the case against President Chen, but this shows how little you know about the reborn Republic of China’s justice system. Mr. Zheng is a loyal member of the KMT and was convicted while the party was out of power. In December 2008 the KMT was back in power and the party-state was getting back to normal operation.

In contrast to Magistrate Zheng who continued to administer the affairs of a Hsinchu county as a convicted criminal, President Chen was arrested as soon as the charges against him were laid, on November 11, 2008 and has been detained as a “major felon” ever since. I discovered what this meant in June when I became the first foreigner to visit him. There are three kinds of visiting rooms – the “regular prisoner visiting room” where face to face visits take place, the “special visiting room” where you can sit on a sofa and have tea together. I visited a Columbus Leo, a Taiwanese Canadian charged with the crime of advocating Taiwan independence, in this room in 1990. I saw President Chen in the “major felon visiting room”, a hot stark cell divided by a wall and thick plate glass. You talk through a telephone, controlled and watched by a guard from a glass wall beside you. Chen was also accompanied by a guard in his half of the cell taking notes during our twenty minute visit.

One might think that the President of the country for 8 years might get the special visiting room, if only for the dignity of the country, but this fails to take account of the fact that Chen was the unabashed President of Taiwan, and we are now back in the old Republic of China, so not the same country. He is getting special treatment though. Even his discussions with his lawyers were recorded (and sometimes leaked) until protests from lawyers associations led the Council of Justices (Taiwan’s equivalent of a Supreme Court) to say this was unconstitutional, but still gave the prosecutors 4 months to clean up its act.

Chen did apply for release on bail, and this was granted once, on December 13 after the Special Prosecutors Office announced the completion of its investigation. But KMT politicians and media raised such a cry of outrage that three days later the judge who granted him bail was removed from the case (and also threatened with impeachment) and the new judge, Mr. Tsai who has just found him guilty of everything, immediately ordered him detained again on the claim that he might flee the country (this though he is accompanied by an ex-presidential security guard at all times), or seek to cover up evidence (despite the fact that the Special prosecutor’s Office began investigating all these charges in 2006) or that he might collude with others to influence their testimony (despite the completion of the investigation). Another later bail application was denied because Chen had not been “cooperative” with the court.

There has not been a show trial or a political sentence like this in Taiwan since the 1980 military trials of the Taiwanese opposition after Kaohsiung Incident. Ironically, Chen Shui-bian was one of the defense lawyers in those show trials. Things have come full circle. After two decades of astounding the world with its vibrant democratization and spunky nationalism in the face of Chinese threats, Taiwan is once again the Republic of China. Under the KMT the justice system once again serves the larger interest of the party.

Courtesy of BBC: President Obama’s Inauguration Speech

President Barack Obama’s Inaugural Speech

My fellow citizens:

I stand here today humbled by the task before us, grateful for the trust you have bestowed, mindful of the sacrifices borne by our ancestors. I thank President Bush for his service to our nation, as well as the generosity and co-operation he has shown throughout this transition.

Forty-four Americans have now taken the presidential oath. The words have been spoken during rising tides of prosperity and the still waters of peace. Yet, every so often the oath is taken amidst gathering clouds and raging storms.

At these moments, America has carried on not simply because of the skill or vision of those in high office, but because we, the people, have remained faithful to the ideals of our forbearers, and true to our founding documents.

So it has been. So it must be with this generation of Americans.

Serious challenges

That we are in the midst of crisis is now well understood. Our nation is at war, against a far-reaching network of violence and hatred. Our economy is badly weakened, a consequence of greed and irresponsibility on the part of some, but also our collective failure to make hard choices and prepare the nation for a new age. Homes have been lost; jobs shed; businesses shuttered. Our health care is too costly; our schools fail too many; and each day brings further evidence that the ways we use energy strengthen our adversaries and threaten our planet.

These are the indicators of crisis, subject to data and statistics. Less measurable but no less profound is a sapping of confidence across our land – a nagging fear that America’s decline is inevitable, and that the next generation must lower its sights.

Today I say to you that the challenges we face are real. They are serious and they are many. They will not be met easily or in a short span of time. But know this, America – they will be met.

On this day, we gather because we have chosen hope over fear, unity of purpose over conflict and discord.

On this day, we come to proclaim an end to the petty grievances and false promises, the recriminations and worn out dogmas, that for far too long have strangled our politics.

Nation of ‘risk-takers’

We remain a young nation, but in the words of scripture, the time has come to set aside childish things. The time has come to reaffirm our enduring spirit; to choose our better history; to carry forward that precious gift, that noble idea, passed on from generation to generation: the God-given promise that all are equal, all are free, and all deserve a chance to pursue their full measure of happiness.

In reaffirming the greatness of our nation, we understand that greatness is never a given. It must be earned. Our journey has never been one of short-cuts or settling for less. It has not been the path for the faint-hearted – for those who prefer leisure over work, or seek only the pleasures of riches and fame. Rather, it has been the risk-takers, the doers, the makers of things – some celebrated but more often men and women obscure in their labour, who have carried us up the long, rugged path towards prosperity and freedom.

For us, they packed up their few worldly possessions and travelled across oceans in search of a new life.

For us, they toiled in sweatshops and settled the West; endured the lash of the whip and ploughed the hard earth.

For us, they fought and died, in places like Concord and Gettysburg; Normandy and Khe Sahn.

‘Remaking America’

Time and again these men and women struggled and sacrificed and worked till their hands were raw so that we might live a better life. They saw America as bigger than the sum of our individual ambitions; greater than all the differences of birth or wealth or faction.

This is the journey we continue today. We remain the most prosperous, powerful nation on earth. Our workers are no less productive than when this crisis began. Our minds are no less inventive, our goods and services no less needed than they were last week or last month or last year. Our capacity remains undiminished. But our time of standing pat, of protecting narrow interests and putting off unpleasant decisions – that time has surely passed. Starting today, we must pick ourselves up, dust ourselves off, and begin again the work of remaking America.

For everywhere we look, there is work to be done. The state of the economy calls for action, bold and swift, and we will act – not only to create new jobs, but to lay a new foundation for growth. We will build the roads and bridges, the electric grids and digital lines that feed our commerce and bind us together. We will restore science to its rightful place, and wield technology’s wonders to raise health care’s quality and lower its cost. We will harness the sun and the winds and the soil to fuel our cars and run our factories. And we will transform our schools and colleges and universities to meet the demands of a new age. All this we can do. All this we will do.

Restoring trust

Now, there are some who question the scale of our ambitions – who suggest that our system cannot tolerate too many big plans. Their memories are short. For they have forgotten what this country has already done; what free men and women can achieve when imagination is joined to common purpose, and necessity to courage.

What the cynics fail to understand is that the ground has shifted beneath them – that the stale political arguments that have consumed us for so long no longer apply.

The question we ask today is not whether our government is too big or too small, but whether it works – whether it helps families find jobs at a decent wage, care they can afford, a retirement that is dignified. Where the answer is yes, we intend to move forward. Where the answer is no, programs will end. And those of us who manage the public’s dollars will be held to account – to spend wisely, reform bad habits, and do our business in the light of day – because only then can we restore the vital trust between a people and their government.

Nor is the question before us whether the market is a force for good or ill. Its power to generate wealth and expand freedom is unmatched, but this crisis has reminded us that without a watchful eye, the market can spin out of control – that a nation cannot prosper long when it favours only the prosperous. The success of our economy has always depended not just on the size of our gross domestic product, but on the reach of our prosperity; on the ability to extend opportunity to every willing heart – not out of charity, but because it is the surest route to our common good.

‘Ready to lead’

As for our common defence, we reject as false the choice between our safety and our ideals. Our founding fathers, faced with perils we can scarcely imagine, drafted a charter to assure the rule of law and the rights of man, a charter expanded by the blood of generations. Those ideals still light the world, and we will not give them up for expedience’s sake. And so to all other peoples and governments who are watching today, from the grandest capitals to the small village where my father was born: know that America is a friend of each nation and every man, woman, and child who seeks a future of peace and dignity, and we are ready to lead once more.

Recall that earlier generations faced down fascism and communism not just with missiles and tanks, but with the sturdy alliances and enduring convictions. They understood that our power alone cannot protect us, nor does it entitle us to do as we please. Instead, they knew that our power grows through its prudent use; our security emanates from the justness of our cause, the force of our example, the tempering qualities of humility and restraint.

We are the keepers of this legacy. Guided by these principles once more, we can meet those new threats that demand even greater effort – even greater cooperation and understanding between nations. We will begin to responsibly leave Iraq to its people, and forge a hard-earned peace in Afghanistan. With old friends and former foes, we will work tirelessly to lessen the nuclear threat, and roll back the spectre of a warming planet. We will not apologise for our way of life, nor will we waver in its defence, and for those who seek to advance their aims by inducing terror and slaughtering innocents, we say to you now that our spirit is stronger and cannot be broken; you cannot outlast us, and we will defeat you.

‘Era of peace’

For we know that our patchwork heritage is a strength, not a weakness. We are a nation of Christians and Muslims, Jews and Hindus – and non-believers. We are shaped by every language and culture, drawn from every end of this earth; and because we have tasted the bitter swill of civil war and segregation, and emerged from that dark chapter stronger and more united, we cannot help but believe that the old hatreds shall someday pass; that the lines of tribe shall soon dissolve; that as the world grows smaller, our common humanity shall reveal itself; and that America must play its role in ushering in a new era of peace.

To the Muslim world, we seek a new way forward, based on mutual interest and mutual respect. To those leaders around the globe who seek to sow conflict, or blame their society’s ills on the West – know that your people will judge you on what you can build, not what you destroy. To those who cling to power through corruption and deceit and the silencing of dissent, know that you are on the wrong side of history; but that we will extend a hand if you are willing to unclench your fist.

To the people of poor nations, we pledge to work alongside you to make your farms flourish and let clean waters flow; to nourish starved bodies and feed hungry minds. And to those nations like ours that enjoy relative plenty, we say we can no longer afford indifference to suffering outside our borders; nor can we consume the world’s resources without regard to effect. For the world has changed, and we must change with it.

‘Duties’

As we consider the road that unfolds before us, we remember with humble gratitude those brave Americans who, at this very hour, patrol far-off deserts and distant mountains. They have something to tell us, just as the fallen heroes who lie in Arlington whisper through the ages. We honour them not only because they are guardians of our liberty, but because they embody the spirit of service; a willingness to find meaning in something greater than themselves. And yet, at this moment – a moment that will define a generation – it is precisely this spirit that must inhabit us all.

For as much as government can do and must do, it is ultimately the faith and determination of the American people upon which this nation relies. It is the kindness to take in a stranger when the levees break, the selflessness of workers who would rather cut their hours than see a friend lose their job which sees us through our darkest hours. It is the firefighter’s courage to storm a stairway filled with smoke, but also a parent’s willingness to nurture a child, that finally decides our fate.

Our challenges may be new. The instruments with which we meet them may be new. But those values upon which our success depends – honesty and hard work, courage and fair play, tolerance and curiosity, loyalty and patriotism – these things are old. These things are true. They have been the quiet force of progress throughout our history. What is demanded then is a return to these truths.

What is required of us now is a new era of responsibility – a recognition, on the part of every American, that we have duties to ourselves, our nation, and the world, duties that we do not grudgingly accept but rather seize gladly, firm in the knowledge that there is nothing so satisfying to the spirit, so defining of our character, than giving our all to a difficult task.

‘Gift of freedom’

This is the price and the promise of citizenship.

This is the source of our confidence – the knowledge that God calls on us to shape an uncertain destiny.

This is the meaning of our liberty and our creed – why men and women and children of every race and every faith can join in celebration across this magnificent mall, and why a man whose father less than 60 years ago might not have been served at a local restaurant can now stand before you to take a most sacred oath.

So let us mark this day with remembrance, of who we are and how far we have travelled. In the year of America’s birth, in the coldest of months, a small band of patriots huddled by dying campfires on the shores of an icy river. The capital was abandoned. The enemy was advancing. The snow was stained with blood. At a moment when the outcome of our revolution was most in doubt, the father of our nation ordered these words be read to the people:

“Let it be told to the future world… that in the depth of winter, when nothing but hope and virtue could survive… that the city and the country, alarmed at one common danger, came forth to meet [it].”

America. In the face of our common dangers, in this winter of our hardship, let us remember these timeless words. With hope and virtue, let us brave once more the icy currents, and endure what storms may come. Let it be said by our children’s children that when we were tested we refused to let this journey end, that we did not turn back nor did we falter; and with eyes fixed on the horizon and God’s grace upon us, we carried forth that great gift of freedom and delivered it safely to future generations.

Thank you. God bless you. And God bless the United States of America.

Story from BBC NEWS:

http://news.bbc.co.uk/go/pr/fr/-/1/hi/world/americas/obama_inauguration/7840646.stm

Published: 2009/01/20 18:54:00 GMT

© BBC MMIX

Photos Courtesy of John Ting

Who else wants Taiwan?

Taiwanese anthem goes a little like this..

“San min chu I,”..our aim shall be,

To found a free land, world peace be our stand.

Lead on comrades, vanguards ye are,

Hold fast your aim, by sun and star,

Be earnest and brave, your country to save,

One heart, one soul, one mind, one goal!

-Created by Dr. Sun Yat-sen in 1925, music by Cheng Mao-yun.

From 1894 to 1945, the Japanese seized control of Taiwan as China was defeated in the Sino-Japanese War. This brought years of resistance from the Taiwanese natives. While the Japanese were in control, they built highways, hospitals, and schools leading to a forced adoption of Japanese names and customs. Who wants that! So WWII ended and when the Japanese surrendered, they also returned Taiwan to China – “Retrocession Day”. But did Taiwan really belong to China in the very beginning?

On February 27, 1947, a woman was arrested and beaten until laid unconscious and bleeding. The following day, an enormous riot ensued turning into an unforgetful Anti-KMT day. KMT crushed the rebellious act thereby killing up to 30,000 Taiwanese. In 1997, February 28 was a declared a national holiday. In remembrance, a new park in Taipei was named 2-28 Peace Park.

After Chiang Kai-shek died in 1975 (age 87), his son, Chiang Ching-kuo was elected president in ‘78 and remained there until ‘88. He softened KMT rule by disengaging martial law. Chiang’s VP, Lee Teng-hui became the first native-born Taiwanese to become the president. As he pushed for democratic reform, Taiwan’s relationship with China grew sour like Sour Patch Kids but in some instances became distasteful.

In 2000, a dramatic leap forward occurred in Taiwanese history when Chen Shui-bian was elected president marking the end of KMT rule of 54 straight years. Can you estimate how many people were killed within that time period? Whatever the # is, all were unnecessary deaths.

Current government structure has been instilled since KMT’s constitution in 1947. However, the only significant change is that there is no longer a National Assembly. Now, the president is elected by the people. FOR THE PEOPLE BLA BLA… President appoints the premier and VP.

Premier’s duties include administering governmental affairs, appoints heads of Taiwan’s ministries (or depts) incl. Defense, Economic Affairs, Foreign Affairs, Justice and Transportation and Communication.

Gov’t. divided into 5 branches (or yuan) including Executive Yuan. The Legislative Yuan consist of 225 members who vote on new laws & programs. LY also entitled to manage the budget and has the power to impeach the president or VP. Judicial Yuan has 15 members overseeing the court system. Examination Yuan (21 members) has control of hiring and managing government workers. The Control Yuan is known as the watchdog branch required to search for and remove any dishonest gov’t. officials, which is appointed by the president.

Notes on Taiwan Flag:

technically Flag of Republic of China, created in 1928. Red flag stands for LIBERTY and SACRIFICE. White sun symbolizes BROTHERHOOD & HONESTY. Blue bkgd on upper left corner stands for PURITY, FREEDOM, and GOV’T OF THE PPL.

…

Chiang Kai-shek wanted Taiwan and China to unify before he passed away but I believe these 2 countries will be unified under certain circumstances such as…the natives of both countries understand each other’s history and have a plan to move forward and unite as one soul. Politically speaking, a unification will not occur for at least another 40 years as long as China has a socialist model with high-energy Monster drinks of capitalism.

Whats your insight on this political warfare? UNIFICATION??? NAWWW