The Taipei District Court yesterday morning opened documents related to secret diplomatic missions in the "state affairs fund" case after the president failed to produce information supporting his claim that the documents should be protected by legislation on classified information.
Prosecutor Chang Hsi-huai (
Court spokesman Liu Shou-sung (劉壽嵩) said the court ruled that the files could not be considered secret, as President Chen Shui-bian (陳水扁) and the Presidential Office had failed to produce documents proving that the files fall under the protection of the Classified National Security Information Protection Act (國家機密保護法).
Chang urged defense attorneys to read the documents as soon as possible.
"Lawyers are entitled to read the documents at the court. They might very well find information that aids their clients' case in the documents," he said.
Three sets of documents were sealed by Prosecutor Eric Chen (陳瑞仁) after he completed his investigation into the president's use of the "fund."
Eric Chen said yesterday that he had sealed the documents to prevent the release of sensitive information, although he added that he did not consider the documents to be under the protection of the Classified National Security Information Protection Act.
Defense lawyers yesterday called on the president to seek a ruling on the matter from the Council of Grand Justices before the court meets again on Feb. 2 to determine whether the "state affairs fund" case should continue.
Presidential Office Deputy Secretary-General Cho Jung-tai (卓榮泰) said that the president would "seriously" consider the lawyers' proposal, as it seemed a good way to resolve the constitutional dispute between the court and the Presidential Office.
However, it would take some time to map out a plan, as seeking a constitutional interpretation would be a "huge project," he said.
Wellington Koo (顧立雄), one of first lady Wu Shu-jen's (吳淑珍) defense lawyers in the case, told a press conference late yesterday afternoon that members of her legal team considered the president to be the only individual entitled to file the request, because he is duty-bound to protect the constitutional order and national security.
Koo said the legal team would not ask to review the documents unless the dispute is settled.
"The purpose is to safeguard the presidency rather than his career, and he should not be put off by the possibility of criticism that the move is a scheme aimed at prolonging the court proceedings," he said.
Koo added that the president might want to ask the council to decide whether it was constitutional for Eric Chen to have questioned him and to have listed him as an accomplice in the indictment.
The Democratic Progressive Party caucus has lodged a request with the council to rule on the constitutionality of Eric Chen's questioning of the president, but the council has not decided whether to take up the case.
Attorney Yang Feng-wan (楊芳婉) said that they would like to see the Council of Grand Justices take a stance on where the line between judicial and presidential power should be drawn.
Attorney Richard Lee (李勝琛) said that the president's "state secrets privilege" was regulated by the Constitution rather than the Classified National Security Information Protection Act, which he said gives the president the right to refuse the court's request that he surrender documents which concern state secrets.
also see story:
MORE VISITORS: The Tourism Administration said that it is seeing positive prospects in its efforts to expand the tourism market in North America and Europe Taiwan has been ranked as the cheapest place in the world to travel to this year, based on a list recommended by NerdWallet. The San Francisco-based personal finance company said that Taiwan topped the list of 16 nations it chose for budget travelers because US tourists do not need visas and travelers can easily have a good meal for less than US$10. A bus ride in Taipei costs just under US$0.50, while subway rides start at US$0.60, the firm said, adding that public transportation in Taiwan is easy to navigate. The firm also called Taiwan a “food lover’s paradise,” citing inexpensive breakfast stalls
TRADE: A mandatory declaration of origin for manufactured goods bound for the US is to take effect on May 7 to block China from exploiting Taiwan’s trade channels All products manufactured in Taiwan and exported to the US must include a signed declaration of origin starting on May 7, the Bureau of Foreign Trade announced yesterday. US President Donald Trump on April 2 imposed a 32 percent tariff on imports from Taiwan, but one week later announced a 90-day pause on its implementation. However, a universal 10 percent tariff was immediately applied to most imports from around the world. On April 12, the Trump administration further exempted computers, smartphones and semiconductors from the new tariffs. In response, President William Lai’s (賴清德) administration has introduced a series of countermeasures to support affected
CROSS-STRAIT: The vast majority of Taiwanese support maintaining the ‘status quo,’ while concern is rising about Beijing’s influence operations More than eight out of 10 Taiwanese reject Beijing’s “one country, two systems” framework for cross-strait relations, according to a survey released by the Mainland Affairs Council (MAC) on Thursday. The MAC’s latest quarterly survey found that 84.4 percent of respondents opposed Beijing’s “one country, two systems” formula for handling cross-strait relations — a figure consistent with past polling. Over the past three years, opposition to the framework has remained high, ranging from a low of 83.6 percent in April 2023 to a peak of 89.6 percent in April last year. In the most recent poll, 82.5 percent also rejected China’s
PLUGGING HOLES: The amendments would bring the legislation in line with systems found in other countries such as Japan and the US, Legislator Chen Kuan-ting said Democratic Progressive Party (DPP) Legislator Chen Kuan-ting (陳冠廷) has proposed amending national security legislation amid a spate of espionage cases. Potential gaps in security vetting procedures for personnel with access to sensitive information prompted him to propose the amendments, which would introduce changes to Article 14 of the Classified National Security Information Protection Act (國家機密保護法), Chen said yesterday. The proposal, which aims to enhance interagency vetting procedures and reduce the risk of classified information leaks, would establish a comprehensive security clearance system in Taiwan, he said. The amendment would require character and loyalty checks for civil servants and intelligence personnel prior to
RSS