World Games light up Kaohsiung
　

INDOMITABLE ENTHUSIASM: The crowd of 40,000 cheered at the three main performances and fireworks that opened Taiwan’s first major international sports event

By Richard Hazeldine
STAFF REPORTER, IN KAOHSIUNG
Friday, Jul 17, 2009, Page 1
　

Intermittent rain showers beforehand and a boycott by the Chinese team failed to dampen the enthusiasm of the crowd last night as the Eighth World Games got off to a spectacular start at the main stadium in Kaohsiung City.

The Games mark the first time Taiwan has hosted a multi-nation, multi-sport event.

Dazzling lights filled the air above the stadium as the 40,000-strong crowd was wowed by a mesmerizing visual display featuring hundreds of colorfully dressed dancers and performances from a star-studded line-up of singers during the two-and-a-half-hour opening ceremony.

The evening’s proceedings got underway at 7:30pm with a ­symbolic handover taking place between children from Taiwan and the 2005 host, the German city of Duisburg, before a countdown led into the first of three main performances.

The first performance was themed around nature, featured dancing water droplets, giant eagle kites and dances from Tao and Amis Aborigines. The second section showcased Taiwanese culture, then brought raucous cheers from the audience as the eight generals ba jia zhang entered the stadium on scooters before breaking into a funky dance.
　

This was followed by a Pi-li puppet display, before the third and final section, entitled “Energetic Kaohsiung,” focused on aspects of modern life in the host city.

Then it was time for the athletes to enter the stadium in ­alphabetical order, led by the Austrian ­contingent. But in its absence, the Chinese team was represented by what appeared to be a games staffer holding the Chinese national flag.
　

The 72-member Chinese team stayed away from the ceremony after President Ma Ying-jeou (馬英九) announced he would attend in his capacity as head of state.

According to local media reports, the Chinese delegation did not attend the opening ceremony to avoid giving the impression that Beijing authorities recognize Ma’s status as president or Taiwan’s status as a sovereign state. A spokesman for the games said Chinese athletes would compete in the events.

Asked about her views on the reports, Kaohsiung Mayor Chen Chu (陳菊) said that she would respect the Chinese delegation’s decision.

The biggest cheer of the night was reserved for the 300-strong Taiwan team, who entered last.

Speaking shortly after the teams’ entrance, Chen, welcomed the athletes, before handing the floor to Ma to declare the games officially open.

Then it was time for the stadium to sway as vocal performances by British tenor Russell Watson, Kiwi songstress Hayley Westenra, local diva Tiger Huang (黃小琥) and Shin (信) whipped the crowd into a frenzy ahead of the grand finale, a spectacular six-minute firework display that rounded off the festivities.

The Games will run for 10 days through July 26, featuring more than 4,000 athletes taking part in 31 sports not included in the Olympic Games.

These include the likes of squash, rugby sevens and an assortment of martial arts, as well as more obscure events such as fistball, tchoukball, boules and korfball.

While the Olympics attract international interest because of its star athletes, the World Games events tend to have audiences with more specialized interests, but the Kaohsiung Organizing Committee is hoping that despite this, through cable sports channels such as ESPN, Kaohsiung will gain global visibility.

International sports events have proved to be a sure-fire method of promoting their host cities, and keen to use the opportunities to boost tourism in Kaohsiung, the city government has initiated a series of incentive packages involving local hotels, restaurants and cultural establishments to make the most of the festivities.

Prizes in a series of lotteries to be drawn at the end of the games include an apartment, a car and a variety of cash prizes.

In Taipei, commenting on the non-attendance of Chinese athletes at the opening ceremony, Chinese Nationalist Party (KMT) Legislator Wu Yu-sheng (吳育昇) said that to the best of his knowledge, China’s decision was the result of a brainstorming session between the Chinese Taipei Olympic Committee and Chinese authorities.

“The two sides discussed the issue frankly and sincerely before reaching that decision,” Wu said, adding that he fully supported the arrangement.

“It’s a wise, goodwill decision that will contribute to harmony and the development of relations between our two sides,” he said.

KMT Legislator Huang Chih-hsiung (黃志雄), a former Olympic medalist, meanwhile, dismissed the need to be concerned about the political implications behind the delegation’s absence.

Agencies give inconsistent answers on Uighur’s status
　

By Jenny W. Hsu
STAFF REPORTER
Friday, Jul 17, 2009, Page 1

The government issued contradictory messages yesterday as two agencies disagreed on whether Dolkun Isa, secretary-general of the World Uyghur Congress (WUC), is welcome to visit Taiwan.

In response to a query from the Taipei Times, the Criminal Investigation Bureau said yesterday that if Isa were to enter Taiwan under his real name, he would not be breaking any laws and therefore would not be barred. The bureau has not labeled Isa a terrorist, it said.

The National Immigration Agency (NIA), however, said yesterday that Isa would not be allowed to set foot in Taiwan.

The WUC is an international organization that represents Uighurs in Xinjiang (East Turkestan) and abroad. The Chinese-­language Next Magazine reported on ­Thursday that Isa doubles as the vice chairman of the East Turkestan Liberation Organization, which China lists as a terrorist group, but the UN and the US do not.

Next Magazine reported on ­Thursday that 15 members of the East Turkestan Liberation Organization, two of whom it said had been “red-listed” by Interpol, had made their way to Taiwan, raising security concerns ahead of the World Games, which opened last night in Kaohsiung.

The NIA said yesterday that Isa visited Taiwan in August 2006 and did not require a visa because he used a German passport. Since then, the agency had no information indicating the Uighur leader had attempted to enter the country.

Yang Wen-kai (楊文凱), the head of the International Affairs Division at the NIA, said Isa had been listed as “persona non grata” and that the East Turkestan Liberation Organization was deemed a potential terrorist group by the Taiwan government for threatening to plant bombs at last year’s Beijing Olympics.

“Given the fact there was a recent Uighur uprising in Xinjiang and there will be many Chinese athletes taking part in the games, such an individual would not be able to enter the country at this time,” he said, adding that it would be “impossible” for Isa to enter Taiwan because of his suspected links to a terrorist group.

When asked why Taiwan considers the East Turkestan Liberation Organization a terrorist organization, even though the UN and the US do not, Yang said: “We got our information from a friendly country,” but adamantly refused to name the country.

“We must prohibit anyone who has ever made a verbal threat to do harm at a large sporting event, whether or not he is recognized as a terrorist,” Chinese Nationalist Party (KMT) Legislator Liu Sheng-liang (劉盛良) said when asked for comment, adding that the restriction on Isa and the East Turkestan Liberation Organization during the World Games was purely out of public security concerns and had nothing to do with the recent rioting by Uighurs in Xinjiang.

Democratic Progressive Party Legislator Tsai Huang-liang (蔡煌瑯), however, said the NIA’s action would taint Taiwan’s image as a supporter of human rights and that it was an obvious move to appease China.
　

US commission calls for sanctions over Xinjiang

AFP , WASHINGTON
Friday, Jul 17, 2009, Page 1

The US government commission on religious freedom on Wednesday called for targeted sanctions against China over the ethnic unrest in the predominantly Muslim region of Xinjiang.

The US Commission on International Religious Freedom said it was “gravely concerned” about China’s “repression” of the cultural and religious traditions of the Uighurs, the ethnic group native to the vast, arid Xinjiang region.

China says 192 people died on July 5 in Xinjiang’s capital Urumqi in the country’s worst ethnic violence in decades, pitting Uighurs against the growing number of settlers from China’s Han majority.

The religious freedom commission called for US President Barack Obama to consider sanctions on exports coming from Xinjiang or travel restrictions on Chinese government officials in charge of the region.

“Protests such as those occurring last week happen for a reason,” said Leonard Leo, the chairman of the commission.

“Beijing has pushed its ethnic and religious minorities, its human rights lawyers, its labor activists and its free speech advocates to the wall. The international community must speak up,” he said.

The commission, which includes appointees of both main US political parties, monitors religious freedom abroad and makes recommendations to policymakers but cannot impose sanctions on its own.

Any attempts to slap sanctions on China, the largest creditor to the heavily indebted US, could face a tough sell in Washington, where the Obama administration has sought a broad partnership with Beijing.

The Congress in 2000 gave China the trading status of most favored nation, putting an end to annual votes that had turned into fights over Beijing’s human rights and commercial policies.

The religious freedom commission also called for an independent investigation into the violence in Xinjiang.

China says it has brought development to Xinjiang and has called for national unity among the country’s various ethnicities. China says most of the victims of the violence were ethnic Hans killed and injured in “rioting” by Uighurs.

But Rebiya Kadeer, the ­Washington-based leader of exiled Uighurs, told a meeting of the religious freedom commission that Chinese forces used indiscriminate force on peaceful protests.

“You can compare it to the ­Tiananmen Square massacre,” Kadeer told the commission.

Kadeer contrasted the international response to the global uproar last year over violence in Tibet.

“Last year in Tibet, we saw tremendous international support and concern. In our case the international response is a bit hesitant,” she said.

She called on Obama and Secretary of State Hillary Clinton to “raise this issue at the highest level with Chinese officials.”

“My hope is that Americans can see that we are just like the Tibetans, suffering the same persecution and yearning for the same religious freedom,” she said.

The White House has said it is “deeply concerned” by the violence in Xinjiang and called for restraint.

US eyes rising Chinese seapower

AFP , WASHINGTON
Friday, Jul 17, 2009, Page 1

The US voiced concern on Wednesday about rising tension between China and Vietnam in the South China Sea as a senator led calls to boost US seapower faced with Beijing’s growing military.

Experts at a Senate hearing pointed to a string of incidents — including standoffs this year between US and Chinese ships — as evidence of a more assertive sea posture by Beijing.

State Department official Scot Marciel said that Beijing has told US and other foreign oil companies to halt work with Vietnamese partners in the South China Sea or face consequences inside lucrative China.

“We object to any effort to intimidate US companies,” Marciel, a deputy assistant secretary of state handling Asia, told the Senate Foreign Relations Committee.

He said Washington has raised concerns directly with China.

“We have also urged that all claimants exercise restraint and avoid aggressive actions to resolve competing claims,” he said.

Marciel said the US would not take sides on the myriad island disputes involving China and its neighbors, including Japan, Taiwan, the Philippines and Vietnam.

Senator Jim Webb, who called the hearing, said he understood the need to stay out of Asia’s sometimes emotionally charged territorial disputes, but worried that the lack of a US position may embolden China.

“We don’t discuss it enough here in the United States — we are the only guarantor there to provide a credible umbrella under which those other countries in the region can successfully grow their economies without intimidation,” said Webb, a Democrat from Virginia.

Webb, a former secretary of the navy, worried that China was quickly closing the gap with the US in seapower.

“If the United States is to remain an Asian nation, and a maritime nation, our nation’s leaders have a choice to make,” he said. “The United States should maintain the quality and strength of its seapower — if not improve it.”

The limits of Ma’s achievements

Friday, Jul 17, 2009, Page 8

President Ma Ying-jeou (馬英九) has touted the Maokong Gondola and the Mass Rapid Transit system’s Neihu Line as two major achievements of his eight-year stint as the mayor of Taipei. To highlight his role as a key figure in making these projects possible, Ma was invited by Taipei Mayor Hau Lung-bin (郝龍斌) to take part in the inauguration of the gondola in July last year and the Neihu Line earlier this month.

But neither project has covered itself with glory, with the former struggling to justify the massive amount invested to provide the public with a sound and safe mode of transportation.

The Maokong Gondola, which cost more than NT$1 billion (US$30 million) to build, has been suspended since October because of safety concerns. The NT$60 billion Neihu Line, which opened less than two weeks ago, is on probation because of frequent malfunctions. A major system fault last Friday forced the evacuation of about 700 passengers who had to walk the tracks back to the stations.

At the height of the controversy and criticism surrounding the gondola late last year, Hau said his predecessor — Ma — should not be held responsible for a compromised supporting pillar.

The Control Yuan supported Hau by saying it would not investigate Ma’s involvement during its probe of the gondola’s construction. Ma was also quick to distance himself from the problem, saying the gondola’s “engineering” was a “professional [issue] and not for me to decide.”

This time was no different.

Ma was mayor when some key decisions on the construction of the Neihu Line were made. However, the Taipei City Government has pinned the blame solely on Bombardier — the Neihu Line contractor — for problems with the system’s integration with the Muzha Line, while overlooking the administrative responsibility of those who signed the papers for the project’s construction.

Control Yuan member Ger Yeong-kuang (葛永光), who is in charge of the investigation into the Neihu Line, said yesterday that the government watchdog might “consult” Ma on what happened during his stint as Taipei mayor.

“Consulting” — as opposed to “questioning” — is an indicator that the public should not expect much from the Control Yuan’s investigation.

This recurring pattern is disturbing: When things go right, Ma flashes a big smile in front of news cameras and touts projects as his accomplishments. But when problems start to surface, he disappears from view while his supporters rush to disassociate the president from potential debacles.

When Control Yuan President Wang Chien-shien (王建煊) was sworn in last September, he vowed that the government watchdog would not be an agency that “only catches flies but does not dare to catch the tiger.”

The public is waiting to see if the Control Yuan can live up to Wang’s pledge.

Taking action to tackle corruption
　

By Wu Ching-chin 吳景欽
Friday, Jul 17, 2009, Page 8

The Ministry of Justice announced with great fanfare its latest action plan for fostering clean and honest government. This follows President Ma Ying-jeou’s (馬英九) declaration three months ago of his determination to fight corruption, something the public strongly desires. It is worth asking, however, whether the ministry will be able to achieve its goal.

In 2000, the ministry announced a plan for tackling organized crime and corruption. An investigation center targeting organized crime and corruption was set up under the Taiwan High Prosecutors’ Office, with special task forces located at district prosecutors’ offices in Taipei, Banciao, Taichung, Tainan and Kaohsiung. But the institutions had no legal standing, leading to the perception that they were shadowy outfits.

The problem was resolved in 2006, when, in the process of revising the Courts Organization Act (法院組織法), the investigation center of the Taiwan High Prosecutors’ Office became the Special Investigation Division (SID) of the Supreme Prosecutors’ Office. This promotion from regional to national level was designed to ensure the independence of the SID, as well as give it permanent status so that it could continue its work of fighting corruption and economic crime, with senior public servants the main target of investigations.

Ministry data show that 10,137 cases of alleged corruption were reported between July 2000 and April this year. Of these, 4,823 cases resulted in the indictment of 13,484 people. A total of NT$32.2 billion (US$970 million) in illicit funds was tracked down. Public servants and elected representatives accounted for 55 percent of the people charged, and 56.2 percent of the indicted were convicted. This means that an average of 45 indictments were filed each month and more than half resulted in convinctions.

From this point of view, the performance of both the former and current governments in tackling corruption seems quite good. However, if we consider that indictments were filed in less than half of reported cases, that only a little more than half of those charged were public officials and that just more than half of those charged were convicted, then the real conviction rate was 30 percent at most. It seems likely that some corrupt officials are still slipping through the net.

Some believe the low conviction rate can be attributed to the many loopholes in the law and the light penalties. In fact, however, Taiwanese law covers many different types of corruption and imposes heavy penalties. Indeed, failure to disclose the source of wealth has been added to the list of offenses classified under corruption. These things considered, poor performance in fighting corruption can hardly be blamed on flaws in legislation.

The main reason for this low conviction rate is the difficulty of establishing a quid pro quo connection — that is, proving that a favor or service provided by the accused was given in return for a payment or other gift.

An example is the recent not guilty verdict rendered in the case of former minister of transportation and communications Kuo Yao-chi (郭瑤琪). Kuo received a payment of US$20,000 during her tenure that was allegedly a bribe from a company that hoped to win a tender for refurbishment of facilities at Taipei Railway Station.

However, the court took into consideration the fact that Kuo was not in charge of the tender and deemed that her seniority alone was not proof of a quid pro quo connection between the payment received and the service provided. Based on the cardinal principle that in case of doubt, the court shall decide in favor of the accused, Kuo was found not guilty. The outcome is very different from what the majority of the public expected.

Cases like Kuo’s are by no means rare. About half or more of corruption cases conclude with not guilty verdicts because of the difficulty of proving quid pro quo action. Failure to prove guilt does not necessarily mean that the defendant did not commit a crime in accepting money. It could be that the prosecution presented a weak case.

The nation’s legal system has tried to block this legal loophole by making jobbery an offense. This offense covers officials who are not directly responsible for services rendered as well as those who are. Prosecutors should, therefore, try to gather sufficient proof to pursue a conviction for jobbery rather than bribery in cases where there is insufficient proof of quid pro quo.

Fighting corruption means getting to the root of the problem. This entails investing a lot of time, as well as human and material resources. It is not something that can be achieved in the short term, so it cannot be the first priority for those in government. However, they should at least think of how they could improve the system by making sure there are sufficient legal deterrents in place.

What counts is not how many types of corruption are there as defined by law or whether penalties are stiff enough. Effective litigation is a much greater deterrent than heavy penalties. The onerous responsibility of effective litigation rests upon the shoulders of prosecutors. The question of how to improve prosecutors’ ability and effectiveness in the litigation process is probably the most important factor in tackling corruption.

Corruption cannot be eradicated by a declaration or a report. Even the best written report cannot conceal the existence of corruption, nor can it satisfy the public desire to see it stamped out. Unless the overall effectiveness of prosecutors’ litigation is improved, however stiff the penalties and however many reviews and reports are published, the goal of a cleaner and more effective government will remain beyond reach.

Wu Ching-chin is an assistant professor at Alethia University’s Department of Financial and Economic Law.