The Taipei Bar Association yesterday expressed regret over the decision by the Taipei District Prosecutors' Office to refer former president Chen Shui-bian's (陳水扁) lawyer Cheng Wen-lung (鄭文龍) to a disciplinary committee.
Despite a resolution approved by the Taipei Bar Association last month not to take any disciplinary action against Cheng over his handling of Chen's case, the Taipei District Prosecutors' Office on Wednesday decided that Cheng had violated legal ethics and his case has been submitted to a disciplinary committee consisting of three judges, one prosecutor and five lawyers for review.
Taipei Bar Association chairman Liu Chih-peng (劉志鵬) yesterday reiterated that Cheng had not violated any regulations during the case, adding that the bar had found Cheng's actions were not aimed at helping Chen to escape, destroy evidence nor share testimony information with other witnesses or defendants in the case, and that he was merely doing his job as a lawyer.
However, Chief Prosecutor Hou Ming-huang (侯名皇), after reviewing recordings of Cheng's visits with Chen during the latter's detention and material containing Cheng relaying statements from Chen, concluded on Wednesday that Cheng's remarks that “the judiciary has reached a decision prior to the trial” and that the judiciary “indicted Chen on [their superiors'] directive” had violated principles of legal ethics.
Hou said Cheng's remarks constituted a malicious attack on the judiciary, did not fulfill his responsibility to promote democracy and maintain a good social standing and had obstructed prosecutors' attempts to investigate and establish the facts of the case.
On Dec. 5, the Taipei Bar Association stated that the Attorney Act (律師法) and legal ethics did not preclude a lawyer from talking to the press. Making reference to legislation in the US and other developed countries, the association said it was the responsibility of the bar association, and not the Ministry of Justice, to determine the extent to which lawyers could talk to outsiders. The information Cheng relayed to the press was unrelated to Chen's case and did not constitute a violation of the Attorney Act, the bar association said.
In response to the move made by the Taipei District Prosecutors' Office, Cheng said prosecutors were ignoring the rights of lawyers to defend themselves, as well as the resolution passed by the bar association. He said it was unreasonable for prosecutors to act as both a player and the referee.
In related news, two senior judges found themselves in a war of words with two Chinese Nationalist Party (KMT) legislators over Chen's case.
Shortly after the Taipei District Court's decision last week to change the presiding judge in Chen's case, Huang Jui-hua (黃瑞華), president of the Ilan District Court, and Shilin District Court Judge Hung Ying-hua (洪英花) published articles criticizing the decision and panning the procedures as flawed.
On Thursday, KMT Legislator Alex Tsai (蔡正元) accused Hung of being Chen's “secret guard in the judiciary” during a political talk show on TVBS.
Moments later, the show's host told the audience that Hung had just called in and asked Tsai to apologize for the remark, or else she would sue Tsai on Monday Tsai refused to apologize.
KMT Legislator Chiu Yi (邱毅), another guest on the show, claimed that Huang has been called a “judicial Rambo” because she presided over a corruption case against former Pingtung County commissioner Wu Tse-yuan (伍澤元) and had passed a heavy sentence.
Chiu said that Huang had learned that former vice president Lien Chan (連戰) had given Wu a loan and that Wu had leaked the information to Democratic Progressive Party legislators to make it public.
Huang yesterday dismissed Chiu's allegations as “bullshit.”
In response, Chiu said he planned to sue Huang over the response.
A magnitude 6.4 earthquake and several aftershocks battered southern Taiwan early this morning, causing houses and roads to collapse and leaving dozens injured and 50 people isolated in their village. A total of 26 people were reported injured and sent to hospitals due to the earthquake as of late this morning, according to the latest Ministry of Health and Welfare figures. In Sising Village (西興) of Chiayi County's Dapu Township (大埔), the location of the quake's epicenter, severe damage was seen and roads entering the village were blocked, isolating about 50 villagers. Another eight people who were originally trapped inside buildings in Tainan
CLASH OF WORDS: While China’s foreign minister insisted the US play a constructive role with China, Rubio stressed Washington’s commitment to its allies in the region The Ministry of Foreign Affairs (MOFA) yesterday affirmed and welcomed US Secretary of State Marco Rubio statements expressing the US’ “serious concern over China’s coercive actions against Taiwan” and aggressive behavior in the South China Sea, in a telephone call with his Chinese counterpart. The ministry in a news release yesterday also said that the Chinese Ministry of Foreign Affairs had stated many fallacies about Taiwan in the call. “We solemnly emphasize again that our country and the People’s Republic of China are not subordinate to each other, and it has been an objective fact for a long time, as well as
‘ARMED GROUP’: Two defendants used Chinese funds to form the ‘Republic of China Taiwan Military Government,’ posing a threat to national security, prosecutors said A retired lieutenant general has been charged after using funds from China to recruit military personnel for an “armed” group that would assist invading Chinese forces, prosecutors said yesterday. The retired officer, Kao An-kuo (高安國), was among six people indicted for contravening the National Security Act (國家安全法), the High Prosecutors’ Office said in a statement. The group visited China multiple times, separately and together, from 2018 to last year, where they met Chinese military intelligence personnel for instructions and funding “to initiate and develop organizations for China,” prosecutors said. Their actions posed a “serious threat” to “national security and social stability,” the statement
NATURAL INTERRUPTION: As cables deteriorate, core wires snap in progression along the cable, which does not happen if they are hit by an anchor, an official said Chunghwa Telecom Co (中華電信) immediately switched to a microwave backup system to maintain communications between Taiwan proper and Lienchiang County (Matsu) after two undersea cables malfunctioned due to natural deterioration, the Ministry of Digital Affairs told an emergency news conference yesterday morning. Two submarine cables connecting Taiwan proper and the outlying county — the No. 2 and No. 3 Taiwan-Matsu cables — were disconnected early yesterday morning and on Wednesday last week respectively, the nation’s largest telecom said. “After receiving the report that the No. 2 cable had failed, the ministry asked Chunghwa Telecom to immediately activate a microwave backup system, with
RSS