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Premier's "Demon" Name-Calling Stirs Controversy |
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Premier Su Tseng-chang commented that a lawyer who is defending a murder suspect is like a "demon," stirring controversy in the legal community.
(Photo from: United Daily News) |
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Premier Su’s "Demon" Comments Caused Outcry In Legal Community Chen: Politicians Lying Have Become Common Phenomenon
United Daily News, October 26, 2019
Chan Tong-kai, a Hong Kong resident suspected of killing his girlfriend in Taiwan, indicated that he would like to come to Taiwan for trial, but some media reported that Chan might come to Taiwan after the presidential election. Premier Su Tseng-chang alleged yesterday that someone moved between the two sides trying to build up links, and "on the one hand, shedding tears for the victim, but on the other hand, intending to defend the murderer. As it appears, it is correct of the government to have treaded step by step cautiously."
According to an unconfirmed source, a Kuomintang (KMT) heavyweight in the legal circle advised for Chan Tong-kai to come to Taiwan to "be surrendered" and the media quoted Hong Kong Reverend Peter Koon as saying that Chan might delay for three months and come to Taiwan after the presidential election.
Premier Su, interviewed before the Legislative Yuan’s inquiry sessions yesterday, said as early as a few months ago, former President Ma Ying-jeou’s "close lawyer friend" already went to Hong Kong to plan for the Hong Kong Government to get off the hook of the current protest movement. His colleague lawyer was to defend the murderer, while Ma Ying-jeou feigned the whimpering to show sympathy for the victim's family, the pastor who doubles as member of the Chinese People’s Political Consultative Conference (CPPCC) played brokering facilitator, and the KMT also echoed and cried out in support. "Now, in the ‘demon revealing mirror’, the demon and the demon within the demon showed their true form one by one. If we are not careful, Taiwan could be sold out, and we would still be foolishly helping these people count the money." After he finished speaking, with an arrogant “humph” he immediately turned into the Legislative Yuan.”
Many people in the legal profession strongly disagree with Su’s remarks yesterday. Su was a lawyer himself, and his daughter too; and so many people in the Democratic Progressive Party (DPP) were once proud of being "human rights lawyers" in the early years; also, President Tsai Ing-wen just attended the annual meeting of the International Federation for Human Rights, and she highlighted Taiwan’s performance in human rights protection; therefore, some people questioned: "Does Premier Su not know that it is the basic right for the murder suspect to seek a lawyer's defense?"
"A wrong demonstration of the rule of law to the people"
People in the legal profession said that lawyers help defend suspects is a universally accepted principle, and legal issues should be resolved according to law, which are not subject to political pollution. The case of Chan Tong-kai could have been a simple case of juvenile guilty and willing to admit his crime and make his atonement, however, the comments made by the Taiwanese government officials have repeatedly disrupted the judiciary with politics. "It is not only presenting a wrong demonstration of rule of law for the people, but also likely leaving the Hong Kong legal persons stunned."
The Judicial Yuan promoted judicial reform and constantly emphasized basic human rights concepts such as presumption of innocence. It is completely incongruent that the premier with a lawyer’s background should have vilified the lawyer who might help defend the murderer as a "demon." Yesterday, many people of the legal profession heard Su’s allegation, and they could only shake their heads and sigh: " Is there still a basic spirit of the rule of law at all?" They certainly did not approve of the premier repeatedly making irresponsible remarks about judicial and death penalty cases.
Mr. CV Chen: Lawyer Su has forgotten the ABCs of a legal person.
Insinuated by Su Tseng-chang as going to Hong Kong to help solve the messy riotous movement, Chen Changwen, founder of Lee and Li, Attorneys-at-Law, wrote a letter to the
United Daily News indicating that he held no official title or position and had no "capacity" to help the Hong Kong government solve the problem. "In fact, during the past year, I never went to Hong Kong at all." He suspected that political figures telling lies had become a normal phenomenon and criticized "Attorney Su Tseng-chang " had forgotten even a legal person’s ABCs, such as due process and presumption of innocence.
From: https://udn.com/news/story/11311/4126676
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Tsai Administration Should Not Manipulate Murder Suspect Case To Create More Fear
United Daily News, October 24, 2019
Although the Hong Kong government has officially withdrawn the extradition bill, the protests remain unabated. Those who have axes to grind in Taiwan are trying to take advantage of the case to confront China. Reverend Peter Koon, Chan’s pastor, is worried that Chan might be trapped into a political maelstrom, making it hard for him to receive a fair trial in Taiwan. Koon’s penetrating remarks laid bare the plots of those people. Can President Tsai Ing-wen garner more votes by making use of the Chan case has much bearings not only on the dignity of the judiciary but also the political landmine that it lays.
President Tsai’s national security team is actually an election campaign team. It boasted to have prepared three sets of scenarios, bluffing to have discerned the “escape strategy” designed by China to help Hong Kong Chief Executive Carrie Lam by using Chan’s surrender case. “Spicy Tsai” has been trying to zero in on Lam to her own advantage. To propagate Tsai’s stories through media framing by major news media seems not enough to her, the security team designed other cyber-war gadgets such as news for dummies and annotated meme to promote Tsai’s image in Hong Kong. Tsai’s words and deeds then being transformed as pan-democracy clique’s own, and re-exported to Taiwan through foreign news media.
The Tsai administration has deliberately schemed to straining anti-extraction bill as a weapon for her presidential election, even at the expense of the judiciary. Tsai’s twists and turns of her attitude in the last 48 hours on the Chan surrender case fully exposed her intrigue. All of the scenarios are targeted at the Hong Kong government in general and Carrie Lam in particular, hoping to give Tsai a boost in the coming election. If Tsai is serious in defending sovereignty and upholding justice, she should have left the Chan case to the law itself, instead of bickering over the matter with Lam.
The way that President Tsai gets entangled in the tussle over the Hong Kong pro-democracy movement antagonizes the Hong Kong government, setting bilateral relations in a downturn spiral and leaving no room for future rapprochement. The Tsai administration set on a collision course that has incurred counter attacks by the Hong Kong government, that weirdly matches to the expectations of Tsai. She boldly claimed: “If Hong Kong does not handle the case, Taiwan will.” Her administration has gone so far as to initiate offers that are out of the question, such as signing a judicial assistance agreement per international norm and sending judicial officers to Hong Kong to treat Chan’s surrender to Taiwan. There are political motivations behind her every move. We would like to ask President Tsai one question: Will Chan be judged by law or by politics?
The Legislative Council election in Hong Kong is scheduled to take place next month. some pro-democracy candidates surely will woo voters by depicting Chan’s surrender case as a set-up by both the Hong Kong and Chinese governments. Tsai will make good use of Hong Kong’s deep political angst as ammunition to her advantage. Under these circumstances, Chan’s families are surely worried about the intriguing undercurrent. For the sake of election, Chan may be taken as a hostage in the process of interrogation and as a pawn to solicit judicial collaboration between the two sides. Once the Hong Kong government is non-committal, Chan’s redemption by law will be of no avail.
When the judiciary has succumbed to electoral considerations, and the mendacity of “anti-China to protect Taiwan” being exposed, President Tsai’s dogged intention of using Chan’s case to exact political fruit will step on the bottom line of human nature and conscience. Besides, it is advisable that the cyber warriors not making more meme on Tsai’s browbeating of Carrie Lam, for it likens Tsai’s selling dried mango strips—a word play on a sense of the nation’s impending doom—sitting on that corpse-stuffed trunk. Nobody is willing to elect a cruel and disgusting woman as president.
From: https://udn.com/news/story/6656/4122572
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In an op-ed article, Attorney Chen Chang-wen rebutted Premier Su and called upon Su, also a lawyer, to not forget the attorney's oath.
(Photo from: China Times) |
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Did You Forget Your Attorney’s Oath? Attorney Su Tseng-chang
By C.V. Chen
United Daily News, October 26, 2019
Dear Attorney Su:
First of all, your comments at the Legislative Yuan on October 25 about “Ma Ying-jeou’s lawyer friend” refer to me. That you said Ma’s “lawyer friend” went to Hong Kong a few months ago to plan for its government a solution to the protests is nothing but a lie. I have not been to Hong Kong during the past year.
As lying has become a norm among some of the politicians in Taiwan, I am not surprised that Premier Su framed me. However, I deeply regret that, for politics, human nature could become so cheap.
But today, the addressee of my letter is not Premier Su. It is rather Attorney Su.
When Premier Su commented that “Ma Ying-jeou’s lawyer friend defends murderer,” intending to conjure up an image of “a Demon,” I am not interested in arguing with “Premier Su,” being not a politician myself. But I have to ask “Attorney Su” if he still remembered the adage of a famous American human rights lawyer Clarence Darrow (1857-1938): Everyone is presumed innocent until convicted.
Yes, Chan Tong-kai is suspected of killing his girlfriend in Taiwan. But Attorney Su should remember that the right to counsel is one of the fundamental human rights protected by the United Nations. Article 31 of our Criminal Procedure Law also stipulates that the crime of murder requires compulsory defense. That means even if the defendant did not retain a lawyer, the Chief Judge has to appoint him one.
So since when has a defending lawyer of a murder suspect become “a Demon?” I don’t understand why Attorney Su, after he became “Premier Su”, has forgotten all the ABCs of law, such as due process and principle of presuming innocence.
Maybe Premier Su has long forgotten the pledges he made as a lawyer. But I, who has practiced law for my whole life, dare not for one day forget the responsibilities and principles a lawyer should uphold.
Kahlil Gibran (1883-1931) once said: “He who can put his finger upon that which divided good from evil is he who can touch the very hem of the garment of God.” A lawyer’s job is to divide good from evil. This originally is God’s sole authority. So how can we, who practice law, not be prudent and vigilant?
Attorney Su, don’t you agree?
From: https://udn.com/news/story/11321/4126617
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October 20: Taiwan, participating as Chinese Taipei, won the Asian Baseball Championship in Taichung, defeating Japan 5:4. This is Taiwan’s first championship in 18 years.
October 23: Chan Tong-kai, the murder suspect who fled back to Hong Kong after killing his girlfriend, was released from prison after serving his sentence for money laundering. He apologized to the victim’s family and to Hong Kong society. He expressed willingness to be tried in Taiwan and serve the appropriate sentence. According to Hong Kong media, Chan may wait until the presidential election in January is over before coming to Taiwan.
October 23: Transportation Minister Lin Chia-lung indicated that a proposed extension of the High Speed Rail from Nangang Station to Yilan is under feasibility analysis. Estimated distance is 50 kilometers and travel time 13 minutes. The plan will cost $95.5 billion NTD (about $3.1 billion USD) and will be incorporated into the existing case review for a railway between Taipei and Yilan.
October 24: The World Bank published the Doing Business 2020 report. Taiwan ranked 15th out of 190 world economies, down two places from last year. In the Asia Pacific region, Taiwan ranked behind Singapore, Hong Kong, South Korea, and Malaysia. China ranked 31st, a significant jump from 46th last year.
October 25: In a forum held by Fair Winds Foundation, Su Chi, former secretary-general of the National Security Council, said that the situation on the Korean peninsula and in the Taiwan Strait is like cancer. On the Korean peninsula, doctors (referring to China and the United States) are discussing treatment with no consensus. In the Taiwan Strait, there is no doctor, or the doctor does not care. It is worrying that some people within Taiwan even pretend that there is no cancer.
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Taiwan Weekly is a newsletter released every week by Fair Winds Foundation, Taipei Forum, and Association of Foreign Relations that provides coverage and perspectives into the latest developments in Taiwan.
The conclusions and recommendations of any Taiwan Weekly article are solely those of its author(s), and do not reflect the views of the institutions that publish the newsletter.
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