Hong Kong sees yet more protests

ARTICLE 23: As the vote on the controversial anti-subversion bill was delayed after public opposition, the SAR's chief executive's future was looking gloomy

AP , HONG KONG

Thousands of pro-democracy activists gathered outside the legislature yesterday night, voicing disapproval of Hong Kong's leader and his handling of an anti-subversion bill that has been delayed by a huge public outcry.

Chief Executive Tung Chee-hwa faces numerous demands to resign over the mishandling of the national security bill. Tung acknowledged earlier yesterday his administration faces "huge challenges," but vowed to overcome them.

"Our goal is clear. It is to win back the support and trust of the people," Tung told reporters.

But a crowd estimated by organizers at 10,000 said they did not respect Tung and would like to replace the current political system with full democracy.

Hong Kong people now have no say in picking their leader and are only able to cast votes on some legislative seats.

"Return rule to the people," they chanted. Some held signs with Tung's name placed upside down in Chinese.

Police had no immediate estimate for the crowd size, but it was far less than the 500,000 people who turned out on July 1 to protest the anti-subversion bill that many here call a threat to freedoms of speech, press and assembly.

Tung has insisted that Hong Kong will pass the measure outlawing subversion, treason, sedition and other crimes against the state, as required by the mini-constitution that took effect when Britain returned this former colony to China six years ago.

Critics say the government has gone too far with its proposed law that will impose life prison sentences for some offenses.

"We shall overcome," the protesters sang yesterday night, with their voices ringing into the Legislative Council chambers, where lawmakers were opening debate on a bill to legalize soccer betting.

The lawmakers had been scheduled to vote yesterday on the anti-subversion measure, required by Article 23 of Hong Kong's mini-constitution. But the huge protest last week threw Tung's government into crisis and forced a delay that opposition leaders call their first significant victory over the administration since the handover.

Tung tried to appease critics by watering down the bill at the last minute, but his plan to pass it on time collapsed when a key legislative ally withdrew support.

"The administration is facing some huge challenges," Tung told reporters yesterday evening, without taking questions. "I'm confident we, as a team, will be able to ride out these challenges."

US twists Taiwan’s arm on official trips

TRADE: Washington has suspended all trips by high-ranking trade officials in an attempt to stop what it sees as Taiwan's foot-dragging on three key issues

By Monique Chu

STAFF REPORTER

Officials yesterday confirmed that the US has temporarily suspended visits of high-ranking US trade officials in view of what Washington saw as foot-dragging on three thorny trade issues.

A government insider told the Taipei Times under condition of anonymity: "It's true that the US assistant secretary of commerce and officials above that level have suspended their visits to Taiwan."

The official was commenting in response to a Chinese-language newspaper report filed from Washington yesterday.

The report said the US has suspended such visits while declining to allow trade officials from Taiwan at the ministerial level to meet with their counterparts in Washington.

A high-ranking government official said the US deemed it "unnecessary" to host any high-level ministerial meetings before three thorny trade issues are resolved between Taipei and Washington.

The official identified these issues as intellectual property rights (IPR) and imports of rice and pharmaceuticals from the US.

"These questions have been there for a long time, and these issues have not been resolved from the US standpoint," admitted the official.

"Prolonged pressure from the US has been ongoing for the past six months and up to a year. Although these problems have been partially resolved, the US is still not satisfied," the official added.

Officials declined to interpret the US decision regarding exchanges of high-level official visits as Washington's attempt at arm-twisting in the negotiation on these trade issues.

Three high-ranking US trade officials visited Taiwan last year and touched upon these thorny issues while meeting officials in Taipei, insiders said.

William Lash, the assistant secretary of commerce for market access and compliance, visited Taipei in January last year, while Grant Aldonas, under-secretary of commerce for international trade administration, came to Taipei that April.

Joseph Papovich, assistant US trade representative, visited Taipei last October.

The American Institute in Taiwan (AIT), the US de facto embassy, yesterday declined to comment on the report from Washington, while reiterating the US stance on the three trade issues.

"We have no comment on the stories out of Washington," said Judith Mudd-Krijgelmans, spokesperson for AIT.

"The US has a commercial agenda with Taiwan, and it is natural that problems arise that need attention," Mudd-Krijgelmans said.

"AIT has in the past called attention to the need for better protection of intellectual property rights and effective implementation of Taiwan's commitments under the WTO, including rice imports and fair and unimpeded access for US pharmaceuticals," she said.

A trade official said solutions to these issues have become rather "complicated" as cross-ministerial coordination is instrumental in resolving these problems.

Ministry of Foreign Affairs Spokesman Richard Shih said US-Taiwan ties will not be affected by bilateral talks over these issues.

Shih highlighted what the government saw as the nation's continuous efforts to crack down on piracy through law amendment and enforcement.

Shih cited an annual report by the US-based Business Software Alliance (BSA) in June highlighting Taiwan's improvement in IPR protection.

According to the BSA report, the piracy rate in the Asia-Pacific region declined 13 percentage points, from 68 percent in 1994 to 55 percent in 2002.

Japan had the largest drop in piracy in the region, decreasing from 66 percent in 1994 to 35 percent last year, while Taiwan followed with a 29-point drop, from 72 percent in 1994 to 43 percent last year, the BSA report said.

On the US concerns over Taiwan's new rice import regime that became effective on Jan. 1, Shih said the changes has adhered to WTO regulations.

Taiwan changed its rice import policy from "import restrictions" to "customs tariff quotas" at the beginning of this year, a move not agreed to by some WTO members including the US.

Washington-Taipei consultations on the rice-regime issue in Geneva in the spring ended with no consensus reached.

The US has argued that Taiwan's new rice-import regime should not be put into force until after the completion of bilateral consultations with all WTO members concerned.

Legislator says China blocks cross-strait talks

FUTILE EFFORTS: Chang Chun-hung alleges that Taiwan has made every attempt to start a fresh round of negotiations, but with little success

CNA , TAIPEI

Legislator Chang Chun-hung, who serves as vice chairman of the quasi-official Straits Exchange Foundation (SEF), slammed China yesterday for blocking a new round of high-level talks between the two sides of the Taiwan Strait.

Chang, a member of the DPP's Central Standing Committee, said Taiwan has made strenuous efforts over the past six months to promote a new round of talks between SEF Chairman Koo Chen-fu and his Chinese counterpart Wang Daohan, president of the Association for Relations Across the Taiwan Strait (ARATS).

"The efforts were futile because China has imposed many roadblocks," Chang claimed.

The first Koo-Wang meeting took place in Singapore in April 1993 to set the framework for cross-strait exchanges over the past decade.

Chang said the SEF has made every possible effort to promote a new round of Koo-Wang meetings to mark the 10th anniversary of the first high-level cross-strait rendezvous in decades.

Taiwan has on many occasions extended olive branches to Beijing and has expressed willingness to make compromises that would not hurt Taiwan's national dignity, Chang said.

However, Chang went on, Beijing has not made any goodwill responses.

"They have not shown any sincerity in paving the way for a new round of Koo-Wang meetings, either in Taiwan, China or any other venue of their choice," he said.

Chang cited Beijing's insistence on the so-called "92 consensus" as a roadblock to the holding of a Koo-Wang meeting. The "92 consensus" refers to a tacit agreement allegedly reached in 1992 between Taiwan's then-Kuomintang administration and the Beijing authorities that there is only one China, with each side having its own interpretation of what that means.

The DPP administration does not acknowledge the existence of the "92 consensus" and has instead suggested that the two sides shelve their sovereignty disputes and resume dialogue on practical issues to boost exchanges and forge trust for the mutual benefit of each.

In his view, Chang said, Beijing does not want to see any progress in cross-strait relations, far less a new round of Koo-Wang talks.

"The Chinese communists don't want to see any positive development in cross-strait ties as they are afraid such progress might help President Chen Shui-bian win a second term," Chang said.

Chang made the remarks after paying a courtesy call on Koo, who is a senior adviser to Chen.

"I visited Koo to show him my wholehearted support," Chang said, adding that he hopes his visit will help discredit media reports that he intends to replace Koo, now in his 80s, as SEF chairman.

Chang said he met with Chen a day earlier to clarify rumors about his desire for the SEF chairmanship. "I also felt the need to pay Koo a visit to show my respect and goodwill with concrete action."

Despite his advanced age and declining health, Chang said, Koo is venerated for his strong will in continuing to push for constructive cross-strait exchanges.

According to media reports, Koo was supposed to be intending to resign from the SEF for health reasons and because of problems with his family's business operations, but political analysts said Chen wants Koo to continue heading the SEF to symbolize stability in cross-strait relations.

Presidential Office spokesman James Huang confirmed that Chen asked Koo at a July 3 meeting at the Presidential Office to stay on in his post.

Referendums really are a good thing

By Wu Ming-chi

`There can be no argument about how integral the initiative and referendum process is to democracy and why, as a matter of right, Taiwan wishes to proceed with a referendum law.'

Thomas Jefferson proposed including a legislative referendum in the 1775 Virginia State Constitution, arguing that "the people are the only sure reliance for the preservation of our liberty."

In Federalist Paper No. 49, James Madison argued, "[a]s the people are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of government hold their power, is derived, it seems strictly consonant to the republican theory to recur to the same original authority ... whenever it may be necessary to enlarge, diminish, or new-model the powers of government."

From this basic principle of the people being the "only legitimate fountain of power" in a demo-cracy, citizens of the US, through the initiative process, have the ability in 24 states to adopt laws or to amend the state Constitution. Through the referendum process, citizens of these and other states also have the ability to reject laws or amendments proposed by the state legislature.

Referendums come in two forms. A popular referendum, possible in 24 US states, is where the people have the power to refer, through a petition, specific legislation that was enacted by their legislature for the people to either accept or reject.

In all states, legislative referendums are possible where the state legislatures, elected officials, state-appointed constitutional revision commissions or other government agencies submit propositions to the people for approval or rejection.

Taiwan is seeking to pass a referendum law that legitimizes this right for the citizens of democratic Taiwan. By proposing such a law, legislators are clearly seeking to solidify democracy in the nation as well as break the gridlock that has hamstrung important decision-making over the past several years as a result of the split in the Legislative Yuan between the pan-green and pan-blue factions.

It is interesting to note that, just as Taiwan is proposing a way to strengthen its democratic processes, the Hong Kong government, controlled by Beijing, is pressing into place a new anti-subversion law that is anti-democratic in form and substance.

As The Wall Street Journal noted, "The new anti-subversion law is a good example of how democracy would make a crucial difference in governing Hong Kong. Without the assurance that they can vote out their leaders at the next election, Hong Kong's people are unwilling to trust them with security laws that might be abused for political ends. But with democracy, such laws would be much more palatable."

There can be no argument about how integral the initiative and referendum process is to democracy and why, as a matter of right, Taiwan wishes to proceed with a referendum law.

President Chen Shui-bian has vowed not to put Tai-wan's independence to a referendum, as long as the China does not use force against Taiwan. Such a compromise seems necessary in the current political climate. However, it should not stymie reasonable democratic progress.

Chen is now proposing a circumscribed referendum law that will cover a number of serious public welfare issues, domestic issues -- like the Fourth Nuclear Power Plant -- and possibly even legislative reform, change of the electoral system or cutting down the number of legislators.

I believe that a referendum on Taiwan's membership in the World Health Organization would be an important step forward. Such a referendum will result in a huge vote of support and there will be no logistical consequences. As a political vote, a WHO referendum would create no practical problems to solve afterwards.

Taiwan's people will get used to the concept of a referendum, preparing the way for more complicated, and politically difficult, referendums such as on the Fourth Nuclear Power Plant and reform of the Legislative Yuan.

Chen is struggling, just as Jefferson and Madison before him, to give form and context to democracy in a new time and place. The normalization of the concept of a referendum on public policy issues will parallel the process in the US, with the one difference that Taiwan is small enough for the referendums to take place at the national, not simply the state, level.

Taiwan needs to move to a deeper stage of democracy and get beyond the current political paralysis. A referendum law is one more step in this democratic journey.

American policy-makers need not worry. The people and government of Taiwan will be wise in their use of referendums.

Wu Ming-chi is the president of the Formosan Association for Pubic Affairs

Plebiscites must be given a chance

By Lai I-chug

Democracy in Asia has experienced a downward slide. The leader of Myanmar's democratic movement, Aung San Suu Kyi, has been detained by Myanmar's junta since early last month after a bloody incident during a demonstration. The Hong Kong government has been trying to enact the infamous Article 23, which would have a devastating effect on the freedom of the people of Hong Kong. Their freedom has been eroding since the handover to China in 1997. More than 500,000 people marched last week to protest the proposed law. The prospects for Asian democracy at the beginning of the 21st century seem bleak.

The people of Taiwan have been jolted by a different matter. According to press reports, the US was trying to dissuade the government from holding referendums, out of concern that this could lead to a plebiscite on independence.

The issue of whether the US government had voiced opposition against Taiwan's domestic affairs was not addressed for almost a week until American Institute in Taiwan Director Douglas Paal clarified Washington's position. This clarification was made after a poll was released, which showed that more than 60 percent of respondents would support holding a referendum even there was external opposition.

The three seemingly unrelated events are all about Asia's democratic progression. The Hong Kong protesters were trying to protect their eroding freedom, Suu Kyi represents the difficult path toward Burmese democracy and Taiwan's case is about how to consolidate its democracy. The threat to democracy in the three cases can be traced back to the same source: China.

Beijing has demanded the Hong Kong government pass a national security law. China has provided the critical economic and international support for the Myanmar junta to survive and continue its oppression against democratic activists. The Chinese threat of military escalation is the reason behind the US govern-ment's concern that Taiwan might hold a referendum. These three places are connected by a com-mon concern for democracy and the common threat from China.

Thus, supporting democracy seems to be more important than ever. While the international com-munity needs to continue to urge the Myanmar regime to release Suu Kyi and the Hong Kong government to reconsider enacting its version of Article 23, the international community should encourage Taiwan to take the necessary steps to consolidate its newly established democracy. Denying a people the opportunity to hold a referendum is not compatible with democracy.

But there are other important reasons to support a referendum in Taiwan. First, voices for referendums have not receded over the past 10 years of democratization. This phenomenon that there is an apparent defect in the democratic apparatus, which shows that a gap between the elected representatives and public opinions is widening. The public is frustrated at being increasingly alienated from the political process.

Referendums, which enable direct public political participation, could help to address this issue.

Second, the SARS epidemic exposed the weakness in people's commitment to democracy -- given the complaints from leading figures that democracy itself hampered the efficiency of the nation's crisis management. A popular exercise of democracy will not only reinforce people's belief in democracy, but could also serve as an effective tool to address fears about democratic governments' abilities to deal with crises. The SARS episode strengthened the people's feeling of international isolation.

Referendums could serve as a useful tool to counteract this overwhelming negative social sentiment.

The path to democracy is never easy and can be easily turned back, as shown by Germany's Weimer republic in the 1920s and Japan's Taisho democracy. For a place where discourse claims democracy is incompatible with "Asian values," support for Taiwan's democratic consolidation is all the more important. If democracy is not just the "alternation of parties" and a "peaceful transfer of power," but to upgrade the entire community into a mature society that is not afraid of making choices, then we should not discourage Taiwanese from taking the choice.

Media reports said a US senior official told a Taiwanese legislative delegation last month that the people of Taiwan would be responsible for the consequences of whatever actions their government took. That is exactly right.

If the Taiwanese never make a decision by themselves, how will they ever feel responsible for the consequences? Isn't this is what democracy is all about -- learning to be responsible? For the sake of democracy, let's give referendums a chance.

Lai I-chug is director of foreign policy studies at the Taiwan Thinktank.