ISSUE 268                                                                                                October 30, 2024
Grand Justices Help Lai Administration Block Parliamentary Reform Legislation
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The Constitutional Court declared legislative reform provisions unconstitutional. The ruling will weaken the Legislative Yuan and severely undermines the court's impartiality.
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Constitutional Court's Interpretation Deprives Legislative Yuan of Oversight Rights

 

On Retrocession Day observed on October 25, the Constitutional Court issued the ninth ruling of year 2024, declaring parts of the Legislative Yuan's "parliamentary reform" legislation unconstitutional—specifically its core provisions. This decision could render the Legislative Yuan one of the weakest parliaments in democratic nations. While the executive branch celebrates, the court’s credibility faces renewed scrutiny.

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Chairman Ko Wen-je of the Taiwan People's Party (TPP) has been detained for nearly two months. But the Taipei District Prosecutors Office has yet to clarify whether the case concerns intent to profit, corruption, or political donations.

Prosecution's Expanded Investigation into Ko May Ultimately Lead to Lost Credibility

 

In ten days, Chairman Ko Wen-je of the Taiwan People’s Party (TPP) will be detained for two months. During these 50 days, the Taipei District Prosecutors Office has tried its best to prove that there is indeed a “cash flow” problem between the Core Pacific Group. Regrettably, apart from the unproven investigative information that is flying around, and the “cold wallet” that everyone laughed at, there is still no irrefutable evidence of “cash flow”. The prosecution conducted a large-scale interrogation of various “donors” who have made political contributions to Ko or the TPP. This only reinforces one question: What is the relationship between these people and the case of Living Mall? Is the prosecution investigating Ko’s abuse of public power for private profit? Or is it a bribery allegation or just a political donation case?

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As cross-strait relations deteriorate, Taiwan's foreign relations is becoming increasingly difficult. An example is South Africa's deadline for Taiwan to relocate its liaison office from the capital city Pretoria within six months.

Forced Relocation of Taiwan's Liaison Office in South Africa Creates New Diplomatic Storm

 

South Africa’s demand that Taiwan relocate the Taipei Liaison Office from the capital city of Pretoria within six months has posed a significant challenge to bilateral relations. Such a request reflects South Africa government’s leaning toward the “One China” policy, suggesting that Taiwan’s diplomatic space is becoming increasingly constrained. Broadly speaking, the deterioration of cross-strait relations is indeed impacting Taiwan’s diplomacy, leading to heightened international isolation and forcing Taiwan to adopt more flexible and innovative approaches.

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In a media interview, U.S. Republican presidential candidate Donald Trump stated that if China "enters" Taiwan, he will impose a 200 percent tariff on Chinese goods. (Photo from: United Daily News)

October 20:

During his inspection tour in Anhui Province on April 17, Chinese President XI Jinping visited a Rocket Force base. According to Hong Kong media, it was likely the 611 Brigade of the Rocket Force's 61st Base, which covers the Taiwan Strait. It is possible that Xi inspected the new Dongfeng-26 ballistic missile. The Dongfeng-26 is the world's largest medium-and long-range anti-ship ballistic missile in active service, with a range of 5,000 kilometers, covering the American military base in Guam. The Singapore United Morning Most analyzed that Xi's intention was to target the United States and deter Taiwan independence. 

 

October 20:

In an interview with the Wall Street Journal, U.S. Republican presidential candidate Donald Trump, discussed the possible scenario of mainland China blockading Taiwan. Mr. Trump said: If you go into Taiwan, I’m sorry to do this, I’m going to tax you...at 150% to 200%.” As for whether he would use U.S. military force to respond to China’s blockade of Taiwan, Trump replied “I wouldn’t have to, because he respects me and he knows I’m f— crazy.”

 

October 21:

Foreign mission representatives of Saudi Arabia, Oman, and Jordan in Taiwan reported concerns about the non-governmental organization (NGO) "Arab Chamber of Commerce Taiwan" using national flags, causing confusion, misleading, and potentially engaging in fraud. However, the association counter-sued for defamation, and the police even issued a letter requesting the three countries' representatives to explain the case, nearly causing a diplomatic crisis. The representatives felt "depressed" that the Ministry of Foreign Affairs was passive and failed to handle the case appropriate. 

 

October 22:

The Ethics Office of the Ministry of National Defense (MND) recently made major mistakes in handling the property declaration of senior generals and intelligence officials. The entire roster was leaked, including real names of intelligence officers from the Military Intelligence Bureau. Premier Cho Jung-tai stated that, "This is a vary serious issue." The MND admitted procedural errors, stating that the data went through five levels of approval before being sent out and will review accountability. Minister of National Defense Wellington Koo stated that frontline intelligence-sensitive personnel were not on the leaked list.

 

October 22:

American and Canadian war vessels transited through the Taiwan Strait on October 20, which the People’s Liberation Army (PLA) criticized as "provocative." In response, China conducted two live-fire drills along the coast of Fujian Province on October 22, with the exercise locations close to Taiwan and Matsu islands. Among then, Niushan Island in eastern Pingtan is one of the mainland's territorial sea base points and the closest point to Taiwan, with a straight-line distance of only about 165 kilometers from Taipei. On the same night, the PLA Navy's Liaoning aircraft carrier group sailed north through the Taiwan Strat from the waters near Dongsha. 

 

October 23:

During interpellation at the Legislative Yuan, Minister of National Defense Wellington Koo stated that the PLA refers to the Joint Sword exercise as a "blockade and control of Taiwan," but since it is called a "drill," it falls into a gray area of operational nature. If it were to launch a blockade in accordance with international law, it would be considered an act of war, and Taiwan's Armed Forces would enter an emergency combat phase. He noted that maritime transport through the Taiwan Strait accounts for about one-fifth of the world's shipping value, by which the international community cannot sit idly. 

 

October 24:

Prosecutors and investigators uncovered a corruption case involving Taiyen Biotech Company's subsidiary Taiyen Green Energy. They found that former Chairman Chen Chi-yu and former General Manager Su Kun-huang were involved in hollowing out Taiyen Green Energy through unequal contract terms. After questioning, five people, including Chen, were detained and barred from meeting visitors. The Democratic Progressive Party (DPP) administration has been vigorously developing green energy in southern Taiwan, but corruption cases have been rampant. The scandal surrounding Taiyen Green Energy, supposedly a benchmark for the "symbiosis between fishery and electricity," casts a shadow over Taiwan's green energy transition policy.  

 

October 25:

The Constitutional Court ruled on the constitutionality of parliamentary reform legislation. Six key reforms, including power to hear president's state report, power to hear reports and questioning, consent over political appointments, investigation rights, hearing rights, and criminalization of contempt of parliament, were nearly all unconstitutional, equivalent to substantive unconstitutionality. Although the Legislative Yuan has the right to investigate, the Constitutional Court held that the establishment of special investigation teams by the Legislative Yuan unconstitutional, and the people have no obligation to cooperate with investigations. Government officials not fulfilling constitutional obligations is a political issue and cannot be subject to criminal liability.

Taiwan Weekly is a newsletter released every week by Fair Winds Foundation and Association of Foreign Relations which provides coverage and perspectives on the latest developments in Taiwan.

The conclusions and recommendations of any Taiwan Weekly article are solely those of its author(s) and do not reflect the views of the institutions that publish the newsletter.


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