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MOFA defends official
arrested in US
IMMUNITY? The ministry said Jacqueline Liu
should be protected by an agreement signed between the two countries in 1980
that can allow for immunity for officials
By Shih Hsiu-chuan / Staff Reporter
The Ministry of Foreign Affairs (MOFA) yesterday came to the defense of
Jacqueline Liu (¼B©k©k), who is alleged to have mistreated her Filipino
housekeeper.
Liu, director-general of the Taipei Economic and Cultural Office (TECO) in
Kansas City, Missouri, was arrested by FBI agents on Thursday on charges of
fraud in foreign labor contracting.
According to the affidavit, among the allegations against Liu were that she
seized the housekeeper¡¦s visa and passport, trapped and mistreated her, forced
her to work 16 to 18 hours a day and only paid her about US$400 to US$450 a
month, well below the US¡¦ minimum wage.
With regards to the alleged underpayment, ¡§our preliminary investigation found
that Liu is innocent,¡¨ ministry spokesperson James Chang (³¹p¥) said.
According to the affidavit, under the contract the housekeeper was required to
work 40 hours a week, eight hours a day for a salary of US$1,240 a month. She
was entitled to overtime pay when she worked in excess of eight hours a day, as
well as during rest days and legal holidays, and she was not required to stay in
Liu¡¦s residence except during working hours, the affidavit said.
The housekeeper wrote a letter on her own initiative to Liu, in which she agreed
to have US$790 deducted from her monthly pay to cover room and board and medical
insurance premiums, Chang said.
With the money deducted, the housekeeper received US$450 a month, in addition to
US$140 for groceries, which was the amount TECO reimbursed the ministry for the
housekeeper¡¦s salary, he said.
Chang said the housekeeper wrote the letter to Liu when the contract was signed.
He did not disclose the content of the letter and did not discuss under what
circumstances it had been signed.
The ministry also dismissed other alleged abuses and mistreatment of the
housekeeper, saying that she had not been deprived of her liberty.
Chang said the Filipino worked at Liu¡¦s residence with a ¡§flexible¡¨ time
schedule as opposed to a fixed 9am to 5pm routine because Liu, who lived alone,
spent much of her time at work and was seldom at home.
The housekeeper was not allowed to leave the residence whenever she wanted, but
her freedom was not restricted, Chang said, adding that the claim that she was
forced to work 16 to 18 hours a day was ¡§unimaginable.¡¨
Regarding allegations that Liu monitored the housekeeper with video cameras, the
ministry said those were essential devices installed for the safety of the
residence, not for placing the housekeeper under surveillance.
Friction remains between Taipei and Washington over whether Liu qualifies for
diplomatic immunity. She remains in custody until a detention hearing tomorrow.
At a meeting of the legislature¡¦s Defense and Foreign Committee, Deputy Minister
of Foreign Affairs Hou Ping-fu («J¥ºÖ) said bailing out Liu was not an option
because that would constitute a waiver of her right to immunity.
In accordance with the 1980 Agreement on Privileges, Exemptions and Immunities
signed by Taiwan and the US, designated employees on each side are immune from
legal suits and processes relating to acts they perform within the scope of
their authorized functions.
¡§Taiwan holds the right to decide whether an act [performed by Taiwanese
diplomats] falls within the scope of authorized function. In this case, Liu
qualifies for immunity because the charges were related to her job,¡¨ Hou said.
Hou said it was ¡§international practice¡¨ that the nature of acts performed by
diplomats were ¡§determined by the sending country¡¨ and not host governments.
The US Department of State withheld comment on the case, which is headed by the
US Attorney¡¦s Office in the Western District of Missouri.
¡§Under the 1980 agreement, Ms Liu has immunity only for acts performed within
the scope of her authorized functions,¡¨ American Institute in Taiwan
spokesperson Christopher Kavanagh said when contacted for comment.
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