Wang Influence Peddling Case Footnotes

7/29/2019 Wang Influence Peddling Case Footnotes

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THRAC STATEMENT FOOTNOTE LINKSFootnote 1

Political upheaval looms in Taiwan

JONATHAN MANTHORPEPublished: September 13, 2013.

Political life in the island nation of Taiwan is facing uncertainty and looming chaos as PresidentMa Ying-jeou attempts to counter plummeting popularity and threats to his leadership of theruling Kuomintang (KMT) party.

There are persistent reports in Taiwan that KMT factions are preparing to remove Ma from theparty leadership if his shrivelled popularity, now only 11 per cent, affects the showing of the

partys candidates in mayoral elections in the countrys leading cities next year.

While Ma might retain the presidency, his removal from the chairmanship of the KMT wouldleave him the lamest of lame ducks in his final months at the helm.

Ma set the highly unpredictable chain of events in motion earlier this week when he demandedexpulsion from the party of one of his main political rivals within the KMT, the popular Speakerof Taiwans parliament, the Legislative Yuan, Wang Jin-pyng.

Ma accused Wang of influence peddling on the basis of a wire tap by the Special InvestigationDivision (SID) of the Supreme Prosecutors office.

Earlier this year the Supreme Court recommended that charges of breach of trust against aleading opposition politician, Ker Chien-ming, be dropped. But Ker is alleged to have feared theSID would pursue the case despite the courts recommendation.

It is claimed Ker called Wang and asked him to intercede with Justice Minister Tseng Yung-fu tolean on the SID not to pursue the case further.

Tseng resigned from the Justice Ministry last Sunday as the story broke, while protesting hisinnocence. Wang has said his conversation with Ker was a general one about the abuse ofpower by the SID, and not specifically about Kers case.

In a piece of gross exaggeration, which suggests Ma is under extreme pressure, he described

the allegation against Wang as the most shameful day in Taiwans democratic history.

On Wednesday a KMT disciplinary committee bowed to Mas demands and suspended Wangsparty membership, which would likely have meant he would also lose the job of Speaker, whichhe has held since 1999.

But on Friday Wang and his supporters fought back. He won a reprieve when a Taipei courtgranted him an injunction, allowing him to keep his KMT membership rights while he brings a


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civil suit against the party leaders for unfair treatment. It could take months for this case to runits course, and while that happens the rifts within the KMT are likely to widen and deepen.

Chinas government in Beijing will be watching developments intently. Since he was first electedPresident, in 2008, Ma has pursued policies aimed at improving relations with China by boostingeconomic and trade relations. China claims to own the island nation of 23-million people, and

maintains a permanent threat to invade.

Mas policies have won him some international approval, especially in the United States, forlowering tensions in the region.

But in Taiwan, Mas popularity has been in free-fall since his re-election in 2012, and standsnow at only 11 per cent. A prime reason for voter disenchantment is that economic benefits fromincreased commerce with China have benefited a slim number of already-wealthy Taiwanese.Trade with China, as in several other countries, has promoted economic disparity between rich,the middle class and the poor in what was one of the worlds most equitable societies.

And despite Mas denials, there is growing apprehension that he intends in the final two years of

his second four-year term to prepare for some kind of political union with China.

Over the last 400 years and more, Taiwan has been a refuge for people escaping chaos andgovernment abuse in China. Polls over the last 20 years consistently show that well over 80 percent of Taiwanese want to maintain their independence.

But many of the godfathers of the KMT were born in China, and fled to Taiwan with the formerChinese and KMT leader, Chiang Kai-shek, after his defeat by Mao Zedongs communists in1949. This division in Taiwanese society between native-born Taiwanese for whom the island ishome, and the Chinese-born elite of the KMT, many of whom retain yearnings for theirmotherland, is vividly displayed in the rivalry between Ma and Wang.

Ma comes from a leading KMT family and claims to have been born in Hong Kong, then aBritish colony, although there is documentary evidence he was born in Shenzhen, across theborder in China.

Ma grew up among KMT aristocracy and one of his first jobs before getting into politics himselfwas as a senior official in the office of President Chiang Ching-kuo, the son of Chiang Kai-shek,who began dismantling the system of one-party rule under martial law established by his father.

Wang, on the other hand, is a Taiwanese from the islands second largest city, Kaohsiung, inthe countrys south where his family were farmers.

The south is the heartland of Taiwanese nationalism and support for the pro-independence

main opposition party the Democratic Progressive Party (DPP).

Wangs membership of the KMT has therefore been an important asset for the party in a regionthat naturally leans toward the opposition.

Wang was first elected to the Legislative Yuan in the early stages of the transition to democracyin the 1970s. He has been re-elected eight times, and his unassuming manner and consensualapproach to politics has won him fans among the opposition DPP.


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This ability to operate across the political divide led to his election as Speaker in 1999 and hismaintenance of that position during the presidency of then DPP leader Chen Shui-bian from2000 to 2008.

Wang and Ma have been intense political rivals within the KMT since at least 2005, althoughuntil now they have managed to remain civil in public.

In 2005 Wang challenged Ma for the leadership of the KMT, then in opposition. Had he won,Wang would have been in a good position to be the partys candidate in the 2008 presidentialelection.

But Ma won both the party leadership and the presidency, and although Wang toyed withchallenging Ma for the KMT candidacy in 2008, he decided not to in the interests of party unity.

Unity is something many KMT members are calling for now, but for the foreseeable future it willbe a commodity in short supply.

Jonathan Manthorpe is the author of Forbidden Nation: A History of Taiwan, published in 2005

by Palgrave-Macmillan of New York.

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Footnote 2

Minister accused of influence peddling steps down

LUCKY BREAK: SID prosecutors unexpectedly stumbled upon the alleged irregularities while

monitoring lawmaker Ker Chien-mings mobile phone in relation to another case

By Rich Chang / Staff reporter

Sat, Sep 07, 2013

Prosecutor-General Huang Shih-ming () yesterday accused Minister of Justice Tseng

Yung-fu () and Taiwan High Prosecutors Office Head Prosecutor Chen Shou-huang (

) of illegally lobbying for a lawsuit involving Democratic Progressive Party Legislator Ker

Chien-ming ().

Tseng announced his resignation later yesterday.

A spokesman for the Supreme Prosecutors Office Special Investigation Division (SID), Yang

Jung-tsung (), told a press conference earlier yesterday that after Ker on June 18 was

found not guilty of embezzling funds from Formosa Telecom, he asked Legislative Speaker

Wang Jin-pyng (), a member of the Chinese Nationalist Party (KMT), to lobby Tseng and

Chen to use their influence to stop a prosecutor from appealing the case with the Supreme

Court.

They influenced Lin Shiow-tao (), the prosecutor in charge of Kers breach of trust case,

and Lin did not appeal the ruling, Yang said, adding that Tseng would be referred to the Control

Yuan for an impeachment probe, while Chen would be subject to an administrative evaluation.

Tseng and Chen are not likely to face any criminal charges because they did not receive any

kickbacks or other rewards for their lobbying efforts, the SID said.

Huang said in a statement that he was deeply saddened by the influence peddling charges

because the two mens behavior had seriously tarnished the reputation and credibility of the

judiciary.

Huang said that as the countrys top prosecutor he was determined to resist improper

interference and maintain the independence and impartiality of prosecutors.

Huang said SID prosecutors unexpectedly stumbled upon the alleged irregularities while

monitoring Kers mobile phone in relation to another case.

After Ker was acquitted in June, he made a telephone call to Chen, asking Chens office not to

appeal the case, the SID said, adding that Chen then met with Lin and hinted that she should


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not appeal the case, saying the legislature was concerned about the case and it is in charge of

the offices annual budget.

The SID said that because Ker could not make sure Chen would influence the prosecutor he

also asked Wang to lobby for him.

On June 28, Wang made a telephone call to Ker, saying that Chen had mentioned the matter to

Tseng and the latter had agreed to handle it, the SID said, adding that on the next day, Wang

and Tseng met in New Taipei City () and Wang later called Ker to say the case had been

taken care of.

Both Tseng and Chen denied the accusations

It is a shame that the SID is accusing people with false facts, Tseng told a press conference,

adding that the SID made the accusations due to personal resentment.

Separately yesterday, Chen said he never told the prosecutor not to appeal Kers case, while

Lin said she decided not to appeal because she found no evidence suggesting irregularities.

Meanwhile, Ker said in a statement that President Ma Ying-jeou (), who also doubles as

Chinese Nationalist Party (KMT) chairman, had manipulated the judiciary to carry out a purge

within the KMT.

Wang was on a vacation with his family in Malaysia and did not immediately respond to the

allegations.

Additional reporting by Shih Hsiu-chuan and CNA

Published onTaipei Times:

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SID sued over probe into Wang

HIRED THUGS: One lawyer said that the SID has become a political tool and ineffective, while others

called for the division to be abolished

By Chris Wang / Staff reporterTue, Sep 10, 2013

Legal experts yesterday filed a lawsuit against the Supreme Prosecutors Office Special

Investigation Division (SID) and Prosecutor-General Huang Shih-ming () for allegedly

following illegal procedures in their investigation of alleged influence peddling involving

Legislative Speaker Wang Jin-pyng ().

The SID and Huang have violated the Communication Security and Surveillance Act (

), the Personal Information Protection Act () and the Civil Servant

Service Act (), Huang Yueh-hung (), the founder of the Law Timesnewspaper, said before filing a lawsuit at the Taipei Prosecutors Office yesterday morning.

The SID on Friday accused Wang, former minister of justice Tseng Yung-fu () and

Taiwan High Prosecutors Office head prosecutor Chen Shou-huang () of influence

peddling for Democratic Progressive Party (DPP) Legislator Ker Chien-ming (), sparking

widespread public discussion over politicians lobbying and what appeared to be an

orchestrated political vendetta.

SID and Huang violated the law at least nine times, Huang and other lawyers told a press

conference yesterday.

Wiretapping Ker in a prove into allegations of embezzlement did not mean the information the

SID accidentally obtained during the surveillance could be used in a different case regarding

lobbying, nor could the division publish the full text of the raw intelligence in a press release,

Huang said.

The divisions referral of Tseng to the Control Yuan violated the Public Functionaries Discipline

Act (), he said.

Additionally, the divisions request for Wangs telephone records and its publication of basestation locations for Wangs phone calls violated the Personal Information Protection Act, Huang

said.

Since Prosecutor-General Huang Shih-ming said he reported the case to President Ma Ying-

jeou () on Aug. 31, it proved that Ma was aware of the SIDs abuse of wiretapping, but

has not done anything to stop the practice, lawyer Huang Di-ying () said.


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The development of the investigation showed that the SID has become hired thugs for

politicians to persecute their rivals, he said.

I think it is time for the Legislative Yuan to think about abolishing the division after the new

[legislative] session begins next week, Huang Di-ying said.

Wu Ching-chin (), an associate professor of law at Aletheia University, agreed with

Huangs recommendation, saying that the SID had pressed charges aga inst many former DPP

government officials, but most of the cases were either dropped or the defendants were found

not guilty.

With its poor efficiency and conviction rate, the division has now become only a political tool

and should be abolished, Wu said.

In June, the Taiwan High Court found Ker not guilty of embezzlement in a case stemming from

1997 when he was general manager of Formosa Telecom Investments Co. Wang, Tseng and

Chen allegedly sought to have prosecutors not appeal the High Court verdict to the Supreme

Court.


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Prosecutor-general defends SIDs actions

Tue, Sep 10, 2013

Prosecutor-General Huang Shih-ming () yesterday fought back against allegations that

the Special Investigation Division (SID) he leads served as President Ma Ying-jeous ()executioner in an influence peddling case involving several prominent politicians.

The label of political hatchet man was absolutely unacceptable and one to which I strongly

object, Huang said.

The SID deserved applause for its discovery of the biggest influence-peddling scandal in [the

nations] judicial history, he said.

If I had passed over the information obtained by wiretapping on June 28 and June 29,

questions would have been raised that we [SID] had tried to cover up [the alleged irregularities]and that I had neglected my duty, he said.

The wiretaps on Democratic Progressive Party (DPP) caucus whip Ker Chien-mings ()

telephone on those two days led the SID to allege that Legislative Speaker Wang Jin-pyng (

), in response to a request from Ker, lobbied in regards to a legal case against Ker.

The SID alleged that Wang asked then-minister of justice Tseng Yung-fu () and Taiwan

High Prosecutors Office Head Prosecutor Chen Shou-huang () to urge a prosecutor not

to appeal Kers acquittal in an embezzlement case stemming from 1997 to the Supreme Court.

Ker was indicted in 2008.

At the press conference, Huang took 25 minutes to deliver an eight-point statement refuting

criticisms against the SIDs probe, calling the case the biggest influence-peddling scandal in

judicial history five times.

It is regrettable that Tseng and Chen both had tried to divert attention away from the influence-

peddling allegation by saying that it was the result of [my] personal animosity [against Tseng],

Huang said.

I truly felt that the way they had behaved made them look like politicians who always term

whatever charges are brought against them as political persecutions to attack the credibility of

the judiciary, he said.

Prosecutors have presented strong evidence to prove that Tseng and Chen have both

meddled in the case, Huang said, dismissing the criticism that there was no evidence the two


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men were involved in the decision by Lin Shiow-tao (), the prosecutor in charge of Kers

case, not to appeal the not-guilty verdict.

Direct evidence was not necessarily needed, Huang said.

Huang refuted the DPPs claim that the wiretapping of Kers phone was conducted without due

process, saying the SID had sought permission in advance from the Taipei District Court.

The SID did not tap Wangs phones, Huang said.

Huang said he had reported the case to Ma, at the presidents residence, on Aug. 31, six days

before the SID announcement on Friday last week, because the alleged involvement of the

legislative speaker and the minister of justice minister would have massive ramifications.


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Taipei Times EDITORIAL: Making Chinas judiciary look good

Fri, Sep 13, 2013

President Ma Ying-jeous () removal of Legislative Speaker Wang Jin-pyng () was

the climax of an obvious political struggle. Mas rationale for the surprise attack was thatinfluence peddling has no place in the judicial process, but his all-out assault on Wang will have

a worse effect on the development of democracy and a constitutional government than any

amount of influence peddling could have.

All the Special Investigation Division (SID) has in its case against Wang are conclusions based

on a couple of sentences overheard through possibly illegal wiretapping and its distorted

understanding of Taiwan High Prosecutors Office prosecutor Lin Shiow-taos ()

testimony. Without even concluding its investigation, the SID bypassed the Cabinet and

reported the case to Ma and then announced it to the public at a press conference, along with

its phone-tapping records. It did so in violation of proper judicial procedure and the

Communication Security and Surveillance Act ().

To get rid of Wang, Ma even sacrificed former minister of justice Tseng Yung-fu (), who

was forced to resign by Premier Jiang Yi-huah (). When Tseng asked for a reason, Jiang

said there was none. However, the reason was to create the impression that there really was

something to the allegations of influence peddling.

Ma never intended to give Wang a chance to defend himself. Prosecutor-General Huang Shih-

ming () reported the case to Ma on Aug. 31, and Wang went abroad on Sept. 6. Soon

after Wang boarded the plane, Huang convened the press conference. Ma had approved

Wangs leave request long before that, so he knew perfectly well that Wang was going to host

his daughters wedding on an island in Malaysia and would not be able to return ahead of

schedule.

That did not stop Ma from telling Wang to quickly return to Taiwan to explain what had

happened. The point was to create the impression that Wang felt guilty and did not dare to

come back and face the music. Knowing that Wang was returning on Tuesday, Ma arranged for

the Chinese Nationalist Partys (KMT) Disciplinary Committeeto convene and discuss Wangs

case on Wednesday morning, giving Wang little chance to prepare a defense.

The Disciplinary Committee did not inform Wang about this meeting until 11pm on Tuesday, so

all he had time to do was write a statement. Before the meeting, Ma held a press conference at

which he called on the committee to at least cancel Wangs party membership, and he was in

attendance to see it done. Ma wants Wang out of the KMT, so it was obvious what the decision

would be.


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Ma keeps talking about upholding due process, but this episode has been all about what Ma

wants, with no regard for procedural justice and no reasonable opportunity for Wang to answer

the accusations made against him.

From a constitutional point of view, when a president decides to purge the speaker of a nations

legislature, it is a case of the overseen overthrowing the overseer. Only a dictator treats the

leader of the body delegated by the Constitution to represent public opinion in this manner.

Compare Wangs treatment with the trial of former Chinese Communist Party secretary of

Chongqing Bo Xilai (). Although the prosecution had a full range of witness and material

evidence against him, China still permitted Bos trial to be publicly broadcast via the Internet and

let Bo prepare, stand in court and speak in his defense.

In contrast, Ma has kicked disobedient legislative speaker Wang out without giving him the

chance of a fair trial. Who would have thought Taiwans democracy and legal system could fallso low that even Chinas looks better in comparison?


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Footnote 3

President condemns influence peddling by legislative speaker (update)http://focustaiwan.tw/news/aall/201309080013.aspx

2013/09/08 20:06:43

President Ma Ying-jeou (center) gives the statement, with Vice President Wu Den-yi (left) and Premier

Jiang Yi-huah sitting by his side.

Taipei, Sept. 8 (CNA) President Ma Ying-jeou issued a strongly-worded statement Sunday, condemning

Legislative Speaker Wang Jin-pyng's alleged interference in a legal case and calling it "the most serious

infringement" of the independence of Taiwan's judiciary.

"This is the most shameful day in the development of Taiwan's democracy," he said. "Taiwan will

descend into an endless downward spiral unless we face such an abuse in a serious manner."

The nation needs to ask itself whether to allow political interference in judicial matters to become a

normal practice or to "set an example with the case at hand," the president said.

Calling it "a moment of truth," Ma urged the people to help defend democracy and the rule of law,

saying how the incident evolves would have "a far-reaching impact" on Taiwan's democracy.

Accompanied by Vice President Wu Den-yih and Premier Jiang Yi-huah, the solemn looking president

delivered the statement from a prepared text to a room full of reporters. He did not take any questions.

Ma's dire assessment of the gravity of the situation raised immediate questions over the political future

of Wang, who has been president of the Legislative Yuan since 1999.
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A 38-year veteran of the Legislature, the 72-year-old speaker enjoys wide support among fellow

lawmakers although technically the ruling Kuomintang (KMT), which is headed by Ma, could remove him

with relative ease. Wang is an at-large legislator appointed by the KMT, and he therefore serves at the

party's discretion.

In the statement, Ma disputed Wang's claim of not having lobbied on behalf of fellow lawmaker Ker

Chien-ming, who was the defendant in a legal case. Ker is the chief whip of the legislative caucus of the

main opposition Democratic Progressive Party.

Wang called Ma from Malaysia over the weekend to deny having lobbied Tseng Yung-fu, the minister of

justice, over the telephone, the president said.

Wang said the purpose of making the calls to Tseng was merely to console Ker and to ask Tseng to help

with Ker's case, which did not constitute influence peddling in Wang's eye, Ma said.

"If this was not influence peddling, then what is?" Ma said in his statement.

Wang is in Malaysia to attend his daughter's wedding. In his phone call to Ma, he also explained why hewould not be able to return to Taiwan as early as the president had wanted.

Speaking to reporters on Saturday, Ma said he hoped Wang would return as soon as possible to explain

his role in the matter.

Wang's four calls to Tseng and Chen Shou-huang, head of the Taiwan High Prosecutors Office, in late

June and early July came to light on Friday, when prosecutors working in the Special Investigation Unit

made public a transcript of telephone conversations between Wang and Ker.

According to the transcript, Wang told the DPP lawmaker that he had called Tseng and that the justice

minister promised to "handle it." Later Wang told Ker that Chen had spoken to the prosecutor in chargeof Ker's case, adding "it was OK (done)"

Ker's cellphone was being tapped because of his involvement in another influence peddling case.

Tseng resigned late Friday over the incident, saying he did so to avoid putting his superiors and his

ministry in a difficult situation.

Ker has denied having asked Wang to intervene and called the SID's move politically motivated.

On Friday morning, the SID under the Supreme Prosecutors Office alleged that Tseng and Chen used

their influence to stop the prosecutor from appealing Ker's not-guilty verdict in a breach of trust case.

Chen spoke to the prosecutor after Wang's intervention and suggested that the case be dropped,

according to the SID.

In making the accusation, the SID referred the case to the Control Yuan for investigation. No legal action

will be taken against Tseng or Chen as there was no indication that they received any personal benefit

from Ker or Wang.


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Chen admitted to having talked to the prosecutor in charge of Ker's case but both he and Tseng denied

any wrongdoing, claiming the prosecutor decided not to appeal based on her own judgment.


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EDITORIAL: Political purging is also a disgrace

Tue, Sep 10, 2013

It is almost certain that political infighting was involved in accusations of influence peddling

against the legislative speaker and the related wiretapping scandal.

Yet, while they have been described by some as a national disgrace, they could be a good thing

for Taiwan.

On Friday, the Special Investigation Division of the Supreme Prosecutors Office said

Democratic Progressive Party (DPP) caucus convener Ker Chien-ming () had in June

telephoned Chinese Nationalist Party (KMT) Legislative Speaker Wang Jin-pyng (),

asking him to lobby then-justice minister Tseng Yung-fu () and Taiwan High Prosecutors

Office Head Prosecutor Chen Shou-huang () to persuade a prosecutor not to appeal

Kers case in the Supreme Court after Ker was acquitted of embezzling funds in 1997 from

Formosa Telecom.

President Ma Ying-jeou (), who in the past has always called for thorough investigations

into allegations of misconduct against his KMT comrades such as in the case of former

Executive Yuan secretary-general Lin Yi-shih () this time promptly accused Wang of

having lobbied on Kers behalf and said on Sunday that Wangs conduct marked the darkest

day in Taiwans democratic history.

It is well-known that Wang, as a KMT member and legislative speaker, did not always carry out

Mas instructions in the legislature, and many suspect Ma is using the case to strip Wang of his

political status and power.

It is political purging, as well as influence peddling, that should be seen as a national disgrace.

However, the incident offers a good opportunity for Taiwanese to understand the direction the

nation has been taking.

For too long, Taiwanese have been described as mild-mannered in the way they treat politicians

and interpret politics. For example, they will accept minor corruption, as long as politicians do

something good for the people.

Historically, Taiwanese have not retaliated against the government until they have personally

seen, or been at the receiving end of, extreme treatment. Some argue this is why Taiwan has

missed several golden opportunities to mature into a full democracy.


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Yet the extremes seem to have become norms. A few worrying examples are the Ma

administrations treatment of the suspicious death of an army corporal, the land expropriation

cases in Miaoli County and the governments insistence on resuming construction of the Fourth

Nuclear Power Plant in Gongliao District (), New Taipei City (), despite strong public

disapproval.

Also troubling is the merciless and brutal infighting in the Ministry of National Defense, the

Control Yuan and now the Ministry of Justice and the KMT, and how Ma pays lip service to

upholding the Constitution, but actually treats it as if it were not worth the paper it was written

on.

After former DPP president Chen Shui-bians () corruption scandal, many DPP

supporters came to despise their party and the DPP hit rock bottom. The party has had to go

back to square one and try to regain the electorates trust all over again. This is why, as

disgraceful as the current controversy may be, perhaps the silver lining is that for domesticpolitics and the KMT, there is nowhere to go in the future except up.

History tells us that when Taiwanese reach their darkest point, they will say enough is enough

and will take action to put the country back on track.


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Lobbying is not wrong as long as it is from Ma?

By Tim Hsu /

Taipei Times

Wed, Sep 11, 2013

At a press conference a few days ago, President Ma Ying-jeou () set the tone for the

ongoing influence peddling affair by saying that Legislative Speaker Wang Jin-pyngs ()

alleged lobbying activities have greatly hurt the judiciarys independence.

We have no clear legal definition of what constitutes lobbying, but there are many different ways

that someone can influence judicial independence. Some examples are Mas public comment

that judicial decisions should be consistent with public expectations after former president

Chen Shui-bian (

) was acquitted of wrongdoing in connection to a land procurement dealin Taoyuan Countys Longtan Township (), and his comment that medical parole is

tantamount to releasing him in response to Chens request to be released from prison.

Another example is his rhetorical question: If this is not lobbying, then what is? said in

reference to Wang at the same press conference.

These statements have had a clear effect on the judiciary. Thanks to the power inherent in Mas

positions as president and chairman of the Chinese Nationalist Party (KMT), his statement in

connection to the Longtan case resulted in a quick reversal of the not guilty and his comments

about medical parole resulted in the rejection of Chens request. Could it really be argued thatthese statements did not have an effect on the judiciarys independence?

The Special Investigation Division revealed the influence peddling affair and Wangs alleged

involvement at a press conference a few days ago and then submitted the case to the Control

Yuan for further investigation. Ma was very quick to follow up on these developments by publicly

defining the incident as a case of improper lobbying.

Is it at all possible that Mas statement will not influence the findings of the Control Yuans

investigation? Is it possible for the KMTs disciplinary committee to reach the conclusion that

this was not a case of lobbying?

Ma says that private dealings constitute lobbying, while public expressions of dissatisfaction

with a judicial decision or expressing his views of a case that still has not been finalized in a

third and final trial does not. It is self-evident which of these approaches has the greatest impact

on the judiciarys independence.


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There is a public consensus that judicial independence should be protected. Any action that

destroys judicial independence should be condemned in the strongest possible terms. Public

expressions of dissatisfaction with judicial decisions and asking prosecutors in private to give

thorough consideration to whether they should appeal a verdict are both actions that could

affect judicial independence.

The first approach was taken by the president as he used the media to suggest to the presiding

judge how the case should be handled, as if he did not know that such action would affect

judicial independence. To then make the judgment that a private conversation in an uncertain

context was lobbying makes it seem that the president feels he is free to do things that others

are banned from doing. With such double standards, how will he ever be able to gain the

publics trust?

The core legal value is fairness, and that means a uniformity of standards. As president and

head of state, Ma should abide by the Constitution and protect democracy and the rule of law.Looking at his actions and paraphrasing Ma himself, If this is not a violation of the law and the

destruction of discipline, then what is?

Tim Hsu is a professor of law at Chinese Culture University.


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Legislative speaker takes legal action in bid to retain post

2013/09/11 20:17:59

Taipei, Sept. 11 (CNA) Legislative Speaker Wang Jin-pyng filed a civil suit against theKuomintang (KMT) with the Taipei District Court on Wednesday for stripping him of his partymembership for allegedly peddling influence in a legal case.

Wang also asked the court for an injunction to prevent the KMT from sending its decision torevoke his party membership to the Central Election Commission (CEC) before his civil suit issettled.

If his loss of party membership is processed by the CEC and then acted on by the Legislature,Wang will lose his status as an at-large legislator and his post as legislative speaker.

The CEC said later Wednesday, however, that it had already received the disciplinary ruling on

Wang and had sent a letter to the Legislature telling it to eliminate Wang's name from the list oflegislators based on the Civil Servants Election and Recall Act.

Under the act, if at-large legislators lose their party membership, they lose their status aslegislators on the day their membership is revoked and a replacement must be announced.

CEC Vice Chairman Liu Yi-chou said the CEC would announce the new replacement within 15days after receiving an answer from the Legislative Yuan, but he said the law does not specifyhow long the lawmaking body has to reply to the CEC.The court could still issue an injunction onexecuting the CEC's directive.

http://focustaiwan.tw/news/aipl/201309110031.aspx
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Wang Influence Peddling Case Footnotes

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