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Wed, Apr 23, 1997
Victory For Journalists
also: Jiang Zemin in Russia; Dalai Lama in Washington; Attorney General discusses 'national security'; info on AIDS in Hong Kong; Black Watch concludes final British maneuvers in colony; and more . . .For the Record: for those who will look back at this issue in a few months and wonder if some are missing, I should say that this is the first issue published since Wed, Apr 16, 1997. Is something missing? You bet. About one weeks worth of news.
Taiwan: once in a while historians are able to pin-point a specific date and event which exacted profound impact and marked a turning point in a society's development. Perhaps the verdict at 4:00 pm in a courtroom in Taiwan two days ago marks such a transition in Taiwan. Journalists Ms Ying Chan and her colleague Mr Hsieh Chung-liang were acquitted of charges stemming from a libel suit by Liu Tai-ying, the business manager for the KMT. The two journalists reported on Mr Liu's intention to 'donate' US $15 million to President Clinton's campaign funds. See the Sun, Mar 30, 1997 issue for background information on the subject.
"Taiwan Rules on Libel Case" is a Washington Post story on the case.
The Committee to Protect Journalists also has a story about the verdict and its victory for journalists and democracy in Taiwan and the region. Various news organizations submitted a brief to the Taiwan court in support of Ying Chan's defense.
"This brief is submitted by ABC, Inc., the Associated Press, CBS Inc., Daily News LP, Dow Jones & Company, Inc., The Los Angeles Times and The Times Mirror Company, National Broadcasting Company, Inc., The New York Times Company, Time Inc., The Washington Post Company and the Committee to Protect Journalists, as friends of the Court, in support of the defendants. They hope to assist the Court by describing some international principles of defamation law that support construing the Republic of China's defamation law to preclude any criminal penalty in this case."
The China Daily (Chinese BIG 5) has an editorial on the matter. Protecting freedom of the press, says the paper, will strengthen democratic government and society. The paper also sees the verdict as a victory for the courts, as it strengthens the independence of the judiciary. President Li Teng-hui supported Liu, urging the suit against Ying and Hsieh to move forward.
Russia: President Jiang Zemin is in Russia. He and President Yeltsin affirmed their commitment to a "multi-polar" world and plan to sign agreements to decrease the number of troops stationed along their common border, reports CNN.
CNN reports: "In his speech, Jiang said no nation should impose its social order or ideology upon others. Russia and China do not strive to form an alliance, and their rapprochement is not threatening others, he said. "
"The time when a few large countries or groups of large countries could monopolize international affairs and determine the fate of other nations is gone forever," Jiang said.
Reuters has translated portions of the resolution, and CNN has it posted here. Look there for more info on progress toward a "multi-polar" world (such a strange term. m-u-l-t-i p-o-l-a-r), the United Nations, the imposition of sanctions by the Security Council and other concerns.
Dalai Lama: the leader of the exiled Tibetan government is in Washington where he will meet with President Clinton (but not at the White House). The Dalai Lama was addressing a international convention of legislators meeting in the capital. He re-affirmed his commitment to working with the mainland government. He expected that a representative office would be established in Taibei within the month.
The Chinese embassy in Washington has issued a circular detailing the many failings of the Dalai Lama and the harsh government which the Chinese replaced.
Hong Kong: when Tung Chee-hwa issued a document outlining his intentions to restrict political activities under post-British rule, the Hong Kong government quickly responded with its objections and questions to the proposals (see the Thu, Apr 10, 1997 issue). Specifically the government questioned the invocation of protecting 'national security' as a justification for such restrictions.
Attorney General Jeremy Mathews has outlined the problems with using the term 'national security':
"As was stated in the Government paper issued in response to the Consultation Document, no justification has been given for using national security as a ground for restricting freedom of assembly under the Public Order Ordinance. Given the meaning of national security, it is difficult to see its relevance in the context of that Ordinance."
Mathews takes issue with the argument that the courts could protect the rights of people in such matters.
"It has been claimed, in the current debate, that the application, in particular cases, of restrictions based on national security would be reviewable by the courts and that this provides sufficient protection against abuse. However, this claim ignores the common law principle that national security is the exclusive responsibility of the executive and that the courts will not inquire into the justification for a claim that action was taken for reasons of national security. In the words of one senior judge in the leading House of Lords' decision:
'National security is the responsibility of the executive government; what action is needed to protect its interests is ...... a matter on which those on whom the responsibility rests, and not the courts of justice, must have the last word. It is par excellence a non-justiciable question. The judicial process is totally inept to deal with the sort of problems which it involves.'
"This principle would apply however the term 'national security' was defined in particular legislation. And in the context of the Public Order Ordinance, for example, it would mean that were the Commissioner of Police to be given the power to ban public processions on the ground of national security, the capacity of persons to challenge such a ban by way of judicial review would be extremely limited. While a court would not accept a mere assertion that a ban was imposed in the interests of national security and would require some evidence to that effect, once such evidence was produced the court would not inquire into the rationality of the decision, as would normally be the case in judicial review proceedings."
United States: President Clinton met with Martin Lee, the leader of Hong Kong's Democratic Party, in the White House, reports the New York Times on April 19.
Hong Kong: the colonial government submitted its final yearly report to the Legislative Council, where it was met with criticism for glossing over the failings of London to speak out against the provisional legislature and other matters.
Macau: 400 armed police conducted an early morning raid in the Portuguese colony against triads. The raid netted only two fish, however.
Hong Kong: the famed Black Watch regiment concluded its war games in the New Territories today, and so with it went the final exercise of British military power in the colony. The regiment is scheduled to participate in the handover ceremonies and will sound the pipes as the British colonial presence ends shortly before midnight, June 30. Next stop: home in the Scottish highlands where it's warm only twice a year. . .
Hong Kong: The "AIDS situation in 1st quarter this year" provides info from the Hong Kong government.