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Hsu should be
charged, not praised, in flu case
By Wu Ching-chin 吳景欽
Bureau of Animal and Plant Health Inspection and Quarantine director Hsu
Tien-lai (許天來) resigned recently after it was suggested that he might have been
involved in the cover-up of a recent outbreak of H5N2 bird flu. However, what
was really surprising was how the Council of Agriculture decided to commend Hsu
by saying that his resignation showed him to be a responsible person.
Perhaps the council was thinking it could stop chicken farmers from incurring
heavy losses and avoid a public panic by covering up the outbreak for more than
two months. However, this is not the first time Taiwan has experienced avian
influenza.
There were major outbreaks in 2004 and 2006 that resulted in huge losses for
chicken farmers. In other words, the council should have learned from that
experience, strengthened its disease prevention systems and recognized the
importance of conducting a thorough investigation at the first sign of trouble.
According to Article 12 of the Statute for Prevention and Control of Infectious
Animal Diseases (動物傳染病防治條例), when officials receive reports of animals that have
been either infected or potentially infected by an unknown communicable disease,
they are obligated to immediately examine, burn and bury the remains, and
disinfect the area. This is not something quarantine agencies can choose to do
or not, it is a duty they must perform.
Although the council might have been trying to avoid fanning the flames of
public concern by remaining quiet after receiving reports of an outbreak at the
end of last year, the law clearly states even the suspicion of a communicable
disease must be promptly dealt with. That leaves us with the unavoidable
conclusion that the Bureau of Animal and Plant Health Inspection and
Quarantine’s handling of the matter was negligent in the extreme.
Blaming medical experts by saying they had not yet reached a conclusion on the
virus demonstrates not only a blithe ignorance of the letter of the law, but
also contempt for its spirit.
This neglect has not only caused massive losses and social panic, it has also
raised serious questions about future work to prevent outbreaks. As director of
the Bureau of Animal and Plant Health Inspection and Quarantine, it is difficult
to understand how Hsu is denying responsibility. In addition to being guilty of
releasing false information in his position as a civil servant, he may also be
guilty of the much more serious offense of causing a catastrophe by neglecting
his responsibilities.
While it is difficult to say whether a quicker response would have stopped the
outbreak, it would certainly have minimized losses. This is precisely why the
law gives quarantine agencies so many duties when it comes to disease
prevention.
The council must compensate chicken farmers for their losses according to the
Statute for Prevention and Control of Infectious Animal Diseases; however, there
are limits to such administrative forms of compensation. The government does not
demand money from civil servants who cause public harm through gross negligence
and punishment and criminal procedure for such officials has been very slow
coming.
Even though Hsu has resigned, he can still draw an official salary while in
retirement. It is the taxpayers who will have to pick up the bill for the huge
losses caused by his negligence. This is truly infuriating. By stepping down in
the face of a situation he could no longer cover up, Hsu has not taken the
responsibility he should have. Rather, he is guilty of criminal dereliction of
duty.
Wu Ching-chin is an assistant professor in the Department of Financial and
Economic Law at Aletheia University.
Translated by Drew Cameron
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