Fri, Jun 20, 2003 page8

• Kao should face legal penalties for his acts

  • By Wang Sing-nan 王幸男
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  The name tag of Center for Disease Control Director General Su Ih-jen (蘇益仁), who headed Taiwan's delegation to the Global Conference on SARS held in Kuala Lumpur, carried the correct title of "Director-General CDC Taiwan" without the word "China" anywhere on it.

  Meanwhile, PFP Legislator Kao Ming-chien (高明見), who insisted on being invited to attend the conference in his capacity as an individual, was confirmed to have been recommended by China, the country that has spared no effort to obstruct Taiwan's entry into the World Health Organization (WHO). Kao was a member of China's delegation, with the title of "Professor of National Taiwan University, Taipei, Taiwan, China."

  During Taiwan's fight against the SARS epidemic, Kao amazingly displayed his double-faced tactics by oscillating between lawmaker and professor, between government official and individual.

  He organized the so-called "cross-strait anti-SARS videoconferences" at the Legislative Yuan, in his capacity as a legislator, and then he joined China's delegation, in his capacity as a professor, to attend the WHO conference in Malaysia.

  His attitude achieves the same purpose as Beijing's "one China" principle, which has different versions at home and abroad, in dealing with the Taiwan issue.

  For Taiwan, Kao is a PFP legislator. For other countries Kao manifests in his actions that he is "part of China."

  Although Kao emphasized that he is attending this week's conference as an individual who is part of China's delegation, this still might run counter to Taiwan's national interests.

  It would be worthwhile asking legal experts' advice what should be done with Kao, given the following consideration.

  First, China should not be discriminated against for being the origin of the SARS virus. But its uncivilized behavior in covering up the disease, hindering WHO experts from entering China to conduct investigations and misleading other nations' anti-SARS efforts should be denounced.

  In particular, its neglect of the life and health of the people of Taiwan and its barbaric use of political tactics to thwart this nation's WHO entry bid invite nothing but repulsion.

  As a SARS exporter, China has even repeatedly blocked Taiwan's efforts to contain the disease. If we liken the fight against SARS to a war, China can surely be described as an "enemy."

  It is quite doubtful whether Kao's attendance as a representative of the "Chinese enemy," instead of being recommended by the Department of Health, should be dealt with according to Article 113 of Criminal Code.

  This article states, "A person who without authority secretly agrees with a foreign government or its agent on matters which require the authorization of the government shall be punished with imprisonment for life or for not less than seven years."

  Second, as a legislator, Kao's attendance at the conference as China's representative has violated Article 3 of the Legislators' Conduct Act (立法委員行為法), which stipulates that, "[Lawmakers] should be loyal to the country and foster the highest well-being of all the people." The legislature's discipline committee should handle appropriately this case.

  Moreover, lawmakers are subject to the regulation stipulated in Article 20 of the Nationality Law (國籍法). If Kao is confirmed to be a national of China, shouldn't he resign his position as a lawmaker? Otherwise, suspicions will be raised that a "representative of China" serves as a legislator.

  Wang Sing-nan is a DPP legislator.

  Translated by Jackie Lin
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