Politics & Law
Taiwan Politics Review – LY powers again at issue
Significant developments over the past month: Senior politician investigated in corruption probe, gun violence, tensions continue in the Legislative Yuan, and more…
By Ross Darrell Feingold
Senior official detained in corruption investigation
Former Taoyuan City Mayor (from 2014 to 2022), Deputy Premier (2023 to 2024), and Straits Exchange Foundation (SEF) Chairman (20 May 2024 to 7 July 2024) Cheng Wen-tsan (鄭文燦) was detained by prosecutors as part of an investigation into whether or not Cheng accepted a bribe to facilitate a land re-zoning project during his tenure as Taoyuan mayor. After Cheng was first summoned for questioning on 5 July, prosecutors requested the District Court to deny bail and that Cheng be held incommunicado. The District Court granted bail of NT$5 million, after which prosecutors appealed to the High Court which instructed the District Court to better justify the bail. The District Court then increased the bail to NT$12 million, which resulted in yet another appeal to the High Court. After the High Court again expressed its frustration with the District Court, on its third try the District Court revoked the bail. Cheng will be held for two months during which the prosecutors must indict or release Cheng. Cheng resigned from the SEF on 7 July although he has claimed that he is innocent of the charges.
Analysis: Despite speculation that prosecutors’ focus on Cheng is related to DPP factional infighting with Cheng being too close to former President Tsai Ing-wen (蔡英文) for President Lai Ching-te’s (賴清德) comfort, such may be content for TV talk shows and newspapers rather than fact. After all, Lai appointed Cheng to the SEF.
Cheng remains innocent until proven guilty and the legal process may drag on for many years. Yet, this incident also demonstrates that Taiwan’s political parties and governments (both at the central as well as the municipal government level, and regardless of party) often fail to conduct due diligence on their nominees for elected office or their appointees to politically appointed positions.
Legislative Yuan tensions continue
In the dispute over the expansion of the Legislative Yuan’s powers (see Taiwan Politics Review, 19 June 2024), on 21 June the Chinese Nationalist Party (or Kuomintang, KMT) and Taiwan People’s Party (TPP) used their combined majority to reject the cabinet's request to reconsider the powers that legislators recently granted to themselves. The Presidential Office, Executive Yuan (or cabinet), DPP legislative caucus and Control Yuan each filed separate actions at the Constitutional Court seeking an interpretation on the constitutionality of the new powers. Hearings are scheduled for 6 August (a Judicial Yuan press release is available in Mandarin). A hearing was held on 10 July at the Constitutional Court as to whether to grant an injunction, and, as of publication time, a decision is pending.
On 8 July, physical fights erupted again in the Legislative Yuan between KMT and TPP legislators who support, and DPP legislators who oppose, proposed amendments to the Public officials Election And Recall Act (available in English and Mandarin) which would raise the bar to recall an elected official. One proposal would require recall votes to surpass the elected official’s original election ballot total to be successful. The attempt by the KMT and TPP to make recalls more difficult comes amid an ongoing effort to recall Keelung Mayor George Hsieh Kuo-liang (謝國樑) (Kuomintang).
In addition, the KMT and TPP also used their majority to establish an investigatory committee to examine the egg import subsidy program that the central government established in 2023 to address rolling shortages of eggs around Taiwan at the time.
Analysis: Only five months into its term, Legislative Yuan members have demonstrated enthusiasm to legislate (which is good) as well as enthusiasm for physical altercations (which is bad). Although the Legislative Yuan, and Taiwan, would be much better off if the three parties could agree to refrain from physical altercations, as of now no such agreement is on their agenda.
Assassinations in Tainan and Taipei
On 8 July in Tainan City, the local Fisherman's Association Chairman Lin Shih-chieh (林士傑) was shot dead outside his home. Lin was the father of DPP Tainan City Councillor Lin Yi-ting (林依婷) and was appointed to head the Tainan Agricultural Marketing Co. by Mayor Huang Wei-che (黃偉哲) after he was first elected to the post in 2018. By the end of the week, police had announced several arrests in the case. In March 2023, Lin Shih-chieh was indicted for attempting to influence the 2022 Tainan City Council speaker election. He was acquitted in the first trial at the Tainan District Court in April, and a second trial was underway after prosecutors appealed.
In another shooting incident, on 10 July in Taipei, a man was shot to death because, according to the shooter who turned himself in, the victim’s crime organisation had demanded protection money from a business owned by the shooter. Separately, on 9 July in Keelung, the memorial service for a reputed organised crime leader who passed away attracted an estimated 10,000 mourners.
Analysis: These incidents are reminders that organised crime remains an unfortunate aspect of business and politics in Taiwan. In response to the shooting in Tainan, Premier Cho Jung-tai (卓榮泰) ordered authorities to step up efforts to identify the perpetrators, and both the National Police Agency and the Taipei police announced crackdowns on illicit possession of firearms and gang activities. Elected leaders ordering the police to wrap up an investigation quickly, and the “round up the usual suspects” approach by the police, are common responses to high profile crimes.
American Institute in Taiwan Taipei office leadership handover
On 2 July Foreign Minister Lin presented the Grand Medal of Diplomacy to outgoing American Institute in Taipei Office Director Sandra Oudkirk), and on 3 July, President Lai presented Oudkirk with the Order of Brilliant Star with Grand Cordon in recognition of her outstanding contributions to Taiwan-US relations. On 10 July, President Lai met with Raymond Greene, the new Taipei Office director of AIT.
Analysis: A small controversy arose after Lai’s meeting with Greene. According to the press release issued by AIT (available in English and Mandarin), Greene “reiterated that US support to Taiwan is in accordance with the long-standing US one China policy, which is guided by the Taiwan Relations Act, the three Joint Communiques, and the Six Assurances.” However, the Presidential Office press release (available in English and Mandarin) omitted Greene’s reference to the one China policy.
Europe relations in focus
On 4 July, a memorandum of understanding on science and technology cooperation was renewed by the National Science and Technology Council and the Swedish Foundation for Strategic Research (press release available in Mandarin). On 5 July, President Lai posted on X his congratulations to new United Kingdom Prime Minister Keir Starmer, and the Ministry of Foreign Affairs issued a press release (available in English and Mandarin) noting that Starmer previously visited Taiwan in 2016 and 2018 and listing recent improvements in bilateral relations including the “Enhanced Trade Partnership Arrangement” signed in November 2023.
On 11 July, Foreign Minister Lin Chia-lung (林佳龍) presented the Friendship Medal of Diplomacy to outgoing European Union envoy Filip Grzegorzewski, head of the European Economic and Trade Office in Taiwan. Lin lauded Grzegorzewski for his “great achievements in enhancing the partnership” between Taiwan and the EU over the past five years On 1 July, in a speech in Taipei, Christoph Jumpelt, head of Deutsche Welle's international relations unit, called for cooperation among independent news outlets to counter the growing propaganda and censorship challenges posed by authoritarian regimes. Journalists from the Agence France-Presse and Ukraine also spoke at the event.
Analysis: Not mentioned in MOFA’s press release about the United Kingdom and the Enhanced Trade Partnership Arrangement is Taiwan’s hope that the new United Kingdom government will champion Taiwan’s application to enter the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). Ratification procedures for the UK’s entry into CPTPP are expected to be completed this year.
President Lai’s three committees
On 19 June, President Lai announced the establishment of three committees housed in the Presidential Office. The National Climate Change Response Committee will promote climate governance from a national perspective to expand transnational cooperation. The National Whole-of-Society Resilience Committee aims to enhance societal resilience in the face of severe disasters caused by earthquakes and climate change, as well as aggression, seeking to disrupt regional peace and stability. The Healthy Taiwan Promotion Committee will advance Lai’s “Healthy Taiwan Cultivation Plan” and optimise the National Health Insurance system for sustainable operation.
Lai made the announcement at his first press conference since being sworn in, titled “Building Trust through Policy Initiatives: A New Taiwan for an Era of Innovation.”
Analysis: President Lai deserves credit for holding a press conference only a month into his term. By comparison, in her second term former President Tsai did not hold a press conference for over 700 days during the pandemic.
New Southbound Policy success with Thailand
On 27 June Taiwan and Thailand signed “the Agreement for the Promotion and Protection of Investments between Taiwan and Thailand” (press release available in English and Mandarin). Thailand has become the fifth trading partner to sign an investment agreement with Taiwan since 2016, following earlier agreements with the Philippines, India, Vietnam and Canada.
In another positive move for bilateral relations, Thailand on 12 July announced that Taiwan travellers could remain in Thailand visa-free for sixty days, an increase from the previous thirty days.
Analysis: Thailand is one of the “New Southbound Policy” countries under the policy implemented by former President Tsai; it remains to be seen whether or not President Lai will retain the policy (and if he does, whether or not he will retain the name). Regardless, these actions by Thailand under Prime Minister Srettha Thavisin (who took office in August 2023) indicates that Srettha is willing to risk some backlash from China for the sake of Taiwan.
However, Laos recently included Taiwan under a visa-waiver program for China, Hong Kong and Macau, a move criticized by Taiwan’s Ministry of Foreign Affairs.
China travel warning
On 21 June, according to China’s state-run Xinhua news agency, China threatened to impose the death penalty in extreme cases for “diehard” Taiwan independence separatists, in new guidelines that say China’s courts, prosecutors, public and state security bodies should “severely punish Taiwan independence diehards for splitting the country and inciting secession crimes in accordance with the law, and resolutely defend national sovereignty, unity and territorial integrity”. In response, on 27 June Taiwan's Mainland Affairs Council raised its travel alert for China, Hong Kong and Macau to the second-highest orange alert with immediate effect (press release available in English and Mandarin), advising Taiwanese citizens to avoid unnecessary travel to these regions due to increasing safety concerns. Subsequently, the Hong Kong government strongly condemned Taiwan for “smearing” Hong Kong (press release available in English and Cantonese).
Analysis: Amid media reports that “Firms weigh removing Taiwan staff from China after death penalty threat”, multinational companies in Taiwan should also carefully consider travel to the mainland, Hong Kong and Macau by staff who are Taiwan nationals. Travel security experts can provide advice and draft protocols to mitigate the risk that arises from staff travel to these locations. At a minimum, companies should implement strict rules about device “hygiene” and avoid carrying laptops, mobile phones, and tablets that contain confidential information, customer data, and/or trade secrets.
Travel by Taiwan politicians
Minister of Economic Affairs JW Kuo (郭智輝) led a delegation to attend the “SelectUSA Investment Summit” in Washington DC. The Ministry of Foreign Affairs said that it has begun planning a trip by President Lai to diplomatic allies, with transits in the United States.
A cross-party delegation of officials will travel to Milwaukee, Wisconsin to observe the Republican National Convention beginning in the week of 15 July. Delegations to observe the Republican National Convention and Democratic National Convention are usually composed of Taiwan legislators. However, as the Legislative Yuan is still in session simultaneous to the Republican National Convention, this year the delegation will be composed of municipal government councillors as well as political party headquarters staff.
Analysis: The newly released 2024 Republican platform omits mention of Taiwan (in 2020, the Republican National Committee simply voted that the 2016 platform is to stand for the next four years, instead of approving a new one). This attracted media coverage in Taiwan, because previously the platform included a robust section about Republican support for Taiwan such as in the 2016 platform. However, the 2024 platform also omits mention of other traditional allies, in keeping with former President Donald J Trump’s “America First” views.
Notable foreign visitors to Taiwan
United States Assistant Secretary for East Asian and Pacific Affairs Daniel Kritenbrink and Mark Lambert, Deputy Assistant Secretary of State for China and Taiwan reportedly attended a meeting in Taipei to discuss Taiwan’s participation in United Nations and other multilateral organisations, after Taiwan’s failed attempt to participate in this year’s World Health Assembly meeting.
Other visitors to Taiwan included a Christian Democratic Union of Germany and Christian Social Union in Bavaria youth delegation, a bi-partisan delegation of state legislators from Louisiana, Mississippi, Oklahoma, and Texas, Texas Governor Greg Abbot (Republican), (at which he announced that Texas will open a trade office in Taipei), a Czech senator, eight Japan senators, former Indonesia first lady Dewi Soekarno who donated 10 million yen (NT$2.02 million, US$62,000) to earthquake recovery efforts in Hualien County, Somaliland Minister of Energy and Minerals Abdi Abdillahi Farar, a delegation from the US-China Economic and Security Review Commission, former Arkansas Governor Mike Huckabee (Republican), and Saint Kitts and Nevis Prime Minister Terrence Drew, and a delegation from the Atlantic Council.
Analysis: The Ministry of Foreign Affairs press release about the Kritenbrink-Lambert visit did not name the visiting officials. If media reports are correct, it would be the highest-level State Department delegation known to have visited Taiwan during the Biden Administration.
Ross Darrell Feingold (@RossFeingold) is a lawyer and political risk analyst in Taipei.
