Election Press Conference for the Foreign Press

Good evening, ladies and gentlemen. I'm sure that everyone here is very interested in the process and results of Saturday's presidential election, as well as Taiwan's first nationwide referendum. Therefore, we have convened this press conference especially for the many members of the foreign press in Taiwan to cover the election. We are joined this evening by four government officials, who have been invited here to discuss the issues and take your questions. I would like to take a moment to introduce them:

The first is Dr. Eugene Chien, Minister of Foreign Affairs;
The second is Mr. Lu Ren-fa, State Public Prosecutor General of the Supreme Court, under the Ministry of Justice;
And we have here also Ms. Chen Mei-ling, Chairperson of the Executive Yuan's Committee of Legal Affairs;
And we have one who has not yet shown up, Dr. Lin Chia-lung, Spokesman of the Executive Yuan. He is now engaged in some important matters and he will join us in a short while.

I would also like to explain that questions posed in English at this press conference will be answered in English. Questions in Chinese will be answered in Chinese, with an interpreter providing a brief English translation. Since the time is very limited, I think we can begin. But because the time is so limited, please focus on issues related to the election. Thank you. Now let's begin:

Q1. Hello. I'm from TV Asahi, Japan. I have two questions to ask. The first concerns the recount. We know that the people protesting in front of the Presidential Office are asking for a vote recount. If it's decided to do a recount, when will it be decided whether to recount or not, and if it's decided to do a recount, when will it take place and when do you expect it can all be completed? The second question is: We know that it takes time for the whole process, and in particular in court it may take six months for a verdict to come. Is it possible that if the recount cannot be completed before May 20, then the presidential inauguration could not be held?

A: (Response by Ms. Chen Mei-ling) Let me offer a brief explanation. There are two types of election suits: The first is called a nullification of election, and the other is a nullification of an electee's status. The KMT-PFP alliance has proposed both, which is to say that the election suits have already been brought under legal proceedings. In accordance with the separation of powers, the lawsuits are now accepted and handled by the courts. So at what time the ballot recount might begin, it will be decided by the competent court handling the case. In this case, the Presidential and Vice Presidential Recall Act states that competent court should be the Taiwan High Court.

The procedure now is for the special election court under the civil division of the Taiwan High Court to make a decision. The judge will look at the reasons for the suit to decide whether or not there will be a recount and how to conduct the recount. The entire process will depend on the evidence and reasons offered, and then the judges will deliver a verdict. Our election cases allow for one appeal. The high court has six months to render a verdict. If the verdict is not accepted, the plaintiff can appeal to the Supreme Court. So whether the ballot recount or judicial review can be completed before the May 20 inauguration is entirely up to the decision of the court.

(Response by Mr. Lu Ren-fa) I would like to add something. According to Article 102 of the Presidential and Vice Presidential Recall Act, the suit must be brought against the relevant election or recall agency before the court of jurisdiction. So although there are a number of high courts in Taiwan, Article 102 requires that a suit to nullify the results of an election must be brought in the jurisdiction of the central government. So, at present, this case will be handled by the Taipei High Court.

Q2.I'd like to ask Dr. Lin: The Ministry of Defense has just issued a statement saying that the minister rejects the statement made by the premier that he has accepted to remain in office, and is still waiting to resign, and sticks to his statement that he has tendered his resignation. Could you please comment on that. (Catherine Hill, Financial Times)

A:(Response by Dr. Lin Chia-lung) OK. I think that maybe it's a rumor-the result that you mentioned-that the defense minister is not going to remain in the Cabinet. I was just told by Minister Tang about half an hour ago that he made a phone call to Premier Yu and said that he will personally announce that he will remain in the Cabinet. So we are just checking these kinds of rumors, because in this very sensitive period, we find that some people with uncertain motives are trying to spread those rumors among the public. This is the message I want to send.

Q3. The stock market went down rather dramatically today, more than 6 percent. Clearly the opposition party is looking to apply political pressure to force a speedy judicial decision on the recount. And yet you talk as if this process may go on for a long time. How are you going to respond to this kind of pressure for an immediate decision? Is this something you also hope to see? May I ask you specifically, Dr. Lin, because I think you are the spokesman of the government. (Knight Ridder Newspapers)

A: (Response by Dr. Lin Chia-lung) The stock market goes up and down. We have some mechanisms to respond for market change caused by political reasons or non-economic factors. The finance minister has convened a meeting to study the current situations so as to respond as soon as possible. This is what I can tell you at the stage.

Q4. Can you tell us as much as possible about the judges who have been picked to deliver a ruling on the request for a recount. Can you tell us who they are, what their names are, how old they are, how much experience they have, what their backgrounds are in terms of political backgrounds. Were they ever members of the KMT or the DPP? Do they have jobs for life or they are appointed term by term. That is to say, could they be under political pressure to deliver a ruling in either way in order to keep their jobs. (Associated Press)

A: (Response by Mr. Lu Ren-fa) I only know that the high court adopts the collegiate system. Three judges will be responsible for reviewing the case. Right now I do not know the names, backgrounds, and party affiliations. The judges of the Republic of China are safeguarded by the ROC Constitution. This is a life-time job, therefore. Article 80 of the Constitution stipulates that "Judges will be above partisanship and shall, in accordance with law, hold trials independently, free from any interference." Most importantly, I would like to stress that they don't have any political affiliation or interference.

Q5. I would like to follow up the previous question. As you have said, once the verdict is issued, if the losing party does not accept this verdict, it may file appeal to the Supreme Court. I would like to ask about the terms of the judges in the Supreme Court. Do they have jobs for life? Do they come under any pressure by being politically appointed? And was their party affiliation considered when they were appointed? Thank you. (Media Corporation of Singapore)

A: (Response by Dr. Lin Chia-lung) Thank you for your questions. The judges of the Supreme Court are like the judges of the High Court just mentioned by Prosecutor General Lu earlier. They are all protected by our Constitution. They shall be above partisanship and shall hold trials independently, free from any interference. They all hold office for life. They are not like the Grand Justices, who are responsible for interpreting the Constitution and laws. These are two different kinds of judges. The judges in the Supreme Court are similar to those of the High Court concerning their terms of office and other aspects mentioned already.

I would also like to elaborate that according to the Organic Act of the Court, in the Supreme Court, a collegiate court is convened by five judges. In order to be a judge in the Supreme Court, in addition to the protection of it being a job for life, strict qualifications are also needed before one can be appointed. The appointment and hiring procedures of the judges in our Supreme Court is different from the equivalent procedures in other countries' court systems. Our judges are not politically appointed.

I would also like to explain that Supreme Court judges are all very experienced during their previous terms in the High Court, and are promoted to become Supreme Court judges through their good performance. This is different from the systems of other countries. In Taiwan, it is not possible to be a judge in a local court one day, and suddenly become a Supreme Court judge the next.

Q6. With the inauguration on May 20, does that go ahead whatever the state of the legal challenges? And I take it also that the suits must be brought within thirty days and fifteen days of the proclamation of the election result, which is in a little while to come, so we will be looking somewhere near nine months before a result was required in these cases. Am I correct on that? (Jonathan Manthorpe, Canwest Global, Canada)

A: (Response by Dr. Lin Chia-lung) According to the Presidential and Vice Presidential Election and Recall Act, the tenth-term of presidency will end on May 19. The new president will be inaugurated on May 20 no matter what. According to the Act, the Central Election Commission should proclaim the names of the electees within seven days after completion of the election on March 20, on the basis of those candidates who garnered the most votes. The inauguration will be held on May 20 irrespective of any ongoing lawsuits, and the duties of the new president will not be affected.

Q7.I'm with the South China Morning Post out of Hong Kong. Just two quick questions. The first one is: What if the high court, after the presidential inauguration, makes the decision on behalf of the opposition, saying that there is a recount, and the recount goes through, and it turns out that the opposition received more votes, what happens to the incumbent president then? The second part of the question is: Would Dr. Lin of the Executive Yuan elaborate on the defense minister's announcement of resignation today, and then very quickly after that, your press conference saying that he did not-that he has agreed to continue. Could you please elaborate: What happened there? Because many people are very curious why he made that very surprising decision at this time, and did that have anything to do with opposition's allegation that some 200,000 soldiers and police officers were kept out of this voting process because of the emergency that was invoked after the attempted assassination. Thank you.

A:(Response by Ms. Chen Mei-ling) As for the first question concerning the nullification of the election, if the court rules that the election results should be completely nullified-that is, if after a recount the court confirms that the entire election is nullified-then according to the Presidential and Vice Presidential Election and Recall Act, a new election must be held. If only certain election results are nullified, then re-polling must be held for the results that were nullified. These are the results of a suit to have an election nullified.

In the case of a suit to have an electee's status nullified, if the nullification of an electee's status is confirmed, then the electee's status is nullified from the moment the verdict is reached. If the electee has already been inaugurated, then on the very day that the verdict is reached, the electee will be removed from office. However, this kind of nullification verdict-as I mentioned before-does not effect the validity of the actions that the electee took while in office.

(Response by Dr. Lin Chia-lung) Let me answer your question and make it clear so that the Chinese people can also receive an accurate message from the government: This afternoon I accompanied Premier Yu to visit Minister Tang. Yesterday, Minister Tang did tender a letter of resignation, but Premier Yu asked verbally that he stay. Minister Tang did not express disagreement. So some of the statements from the Ministry of Defense, some of the information that you've received, are based on outdated information. Prior to this press conference, I asked the premier's office, so the information I'm giving you now is accurate. But because I don't know what you've heard, so I'll have to get a better understanding.

Second, concerning the continued circulation of reports in the foreign press about 200,000 soldiers who were unable to vote as a result of emergency measures, this is a rumor. This is an accusation of the opposition. But in fact, the initiation of national security mechanisms and the number of personnel on leave are entirely unrelated. The number remains steady at 13,000. This is the number necessary for on-alert defense reserves. The national security requirement of 13,000 is certainly not sufficient to change the results of the election. This is fairly clear. Thank you.

Q8.This press conference focuses on judicial issues, and Premier Yu said that the entire controversy has already the subject of the legal process. We all understand that the military and police forces are part the government's administrative authority, and Mr. Lin talked about combat preparedness just a moment ago. Does the government intend-or does it mind-to employ the military and police as an exercise of government authority? We have also heard rumors that DPP supporters are heading north to Taipei. Can you verify this rumor?

Dr. Lin: The DPP or the KMT?

BBC reporter: I've heard that they are DPP supporters, heading toward to Taipei.

A:(Response by Dr. Lin Chia-lung) This is another rumor. Right after the election result was announced, the DPP-the ruling party-immediately issued a statement from campaign headquarters urging, or you can say instructing, all party supporters to remain calm and not to provoke supporters of the Lien-Soong ticket. Up to this moment, we have been delighted to see that no one among supporters of the ruling party has taken any provocative or violent action. We have to take this opportunity to make an official clarification concerning such a rumor.

Even before the election, the Ministry of Defense made it very clear that the defense forces would not be involved in any civilian conflicts. Even after the election, our government has reiterated that conflicts should be resolved via legal procedures. So we will not use force to resolve these kinds of political and sensitive issues. We also sent these messages to the opposition parties very clearly.

Q9. I would like to ask Dr. Lin in his position as the cabinet's spokesman. What is the current thinking of the cabinet about the defense policy, given that on Saturday you lost both referendums, one of which was asking the people whether or not they would approve or ask for the government to increase the anti-missile defenses. You have now been defeated. What is the next policy you're going for? Will you continue to procure more anti-missile defenses? Or will you not do so? (Kim Coupen; Washington Post)

A: (Response by Dr. Lin Chia-lung) All our defense policies and China policies will remain unchanged after the referendum. Although the referendum results showed that the approval rate did not pass the legal threshold (which required at least 50 percent of eligible voters to participate), they did show that over 90 percent of those people who participated in this referendum supported the government's policies, including our defense policy and the cross-strait policy. Actually, the turnout of 45 percent ranks highly when compared with other democracies that have held referendums. This is not legally binding, therefore, but the policy is still relevant for our government. We will draw up our policies based on this kind of referendum results, and do our best to persuade the Legislative Yuan to support our policies, including the budget.

Q10: I would like to ask two questions. The first is for Mr. Lin. I am finding it a little surprising that there has been no statement at all from the government about the controversy over the demands of the election recount. Can you tell me exactly what it is the government policy? What is the message to the people of Taiwan? And to Foreign Minister Eugene Chien, what is your message to the world, who are watching events here in Taiwan with some concern? Thank you. (BBC)

A:(Response by Dr. Lin Chia-lung) I'd tell you that the Lien-Soong alliance, or the pan-blue camp, I think they haven't yet filed any legal case in court up to now. They just repeatedly accuse the government of some illegal actions. So for our government's position, we will respect the procedures of the judicial branch. That's very clear. Premier Yu responded to the media half an hour ago. He urged the Judicial Yuan to speed up the process in dealing with this case. That's our position, and it's very clear.

BBC: You said that the pan-blue camp hasn't yet filed, but surely they did that on Saturday evening?

Lin: I mean the filing must be based on concrete evidence, not just some rumors or some speculations. So we asked the opposition parties to provide concrete evidence for their criticism of the government.

A:(Response by Dr. Eugene Chien) Taiwan is a young democracy. Actually, we started from 1987, after we lifted martial law. However, this is a law-abiding country, a country of the rule of law. We will follow the procedures of our laws and regulations. We understand that this is a crisis in our democracy; however, we are very confident this problem will be solved with wisdom and patience through the cooperation of both sides. So I hope that this case can be solved peacefully.

Q11. I have three questions: 1) Are you concerned that civil disorder could be used by China? If yes, how? 2) How long do you think it will take before the police get a serious lead on the assassination attempt? Considering this is a highly policed nation with a very efficient police system, I'm surprised it took three days already and we have no lead. 3) Considering the huge impact that spreading such lies as the one we've heard from the KMT saying that 200,000 people might have been kept away from voting, considering the impact such lies may have on people, what action are you considering to take against them? Can you sue for libel? How will you react to this? (French National Radio)

A: (Response to the third question by Dr. Lin Chia-lung) If the opposition leaders repeatedly spread these rumors to the public or to the foreign press, our government will definitely consider filing a lawsuit. We want to make it clear so as to prevent the rumor from turning into a crisis.

Regarding the probability of civil disorder being used by China to launch military attacks on Taiwan. According to China's rhetoric, any domestic riot will be considered by the Beijing authority as an excuse to invade Taiwan. We are watching the situation very closely; the military situation across the Taiwan Strait. So far there is no sign that China is moving towards taking military action to get involved in our domestic dispute.

Since the shooting incident, both the police and the prosecutors have worked all out to investigate this case. According to their investigations, the DNA in the blood on the bullet matches the blood on the clothing of President Chen. Both the police and prosecutors are doing everything they can to collect and analyze all possible information and evidence, and I believe that results will emerge very soon.

Q12. Investors have told me that they are concerned that the stock market will continue to fall until the legal process takes effect and a resolution has reached. So I'm hoping you can tell me, at the soonest, how soon you can estimate this problem will reach a resolution? And, in the worst case, how long it may take? Particularly there's one thing that I don't understand is the comment made that the Lien-Soong camp has not yet filed a legal case to the government, because according to my information, they have, and it seems this process may be dragged out just because there's this argument over whether any evidence has been presented at this point. I hope you can clarify first of all how, please give some estimate how early you give some estimate how long it may take to resolve this? Second of all, explain your position that the Lien-Soong camp has not provided any evidence for this case? (Allen Paterson; Bloomburg News)

A: (Response by Dr. Lin Chia-lung) You have all received copies of the flow chart showing the procedure for a presidential election legal suit. The Lien-Soong camp has filed a lawsuit for the nullification of the election and another for the nullification of the electee's status. The evidence they have presented in asking for a recount of ballots is not sufficient, however. To annul an election, some requirements need to be met. For instance, proof that the election administration (that is, the Central Election Commission) has conducted illegal acts. This part has not been proved. The court will make such a judgment. The Executive Yuan is not clear when and how this will happen. To date, although the court has taken the preservation procedure and sealed all the ballot boxes and relevant evidences, it has still not decided whether to conduct a full poll recount, a partial poll recount, or no recount.

The lawsuit now has entered the legal process. I strongly believe in our economic situation. I have confidence in our economy. According to many experts, the stock market will not be influenced for long by this event. Since the dispute has now entered the legal process, I think this social disorder will disappear very soon.

Q12b. Just a follow-up question. Can you give a very definitive answer on when the legal process will start? How soon or how late (in the worst case) it will take to complete?

A: (Response by Ms. Chen Mei-ling) The whole process of the lawsuit in the High Court should be concluded in 6 months. If the plaintiff decides not to accept the verdict, he may appeal the verdict to the Supreme Court. Although there is no time limit for the Supreme Court to reach a verdict, usually it takes six months at the most. There are three possible verdicts: rejection of appeal, suit remanded for new review, or the original verdict is voided and a new verdict issued. If the suit is remanded and returned to the High Court for new review, it will take longer. Therefore, I cannot say for sure how long it will take. It's up to how the case develops.

Q:The maximum will be how long?

A:(Response by Ms. Chen Mei-ling) If the verdict by the High Court is accepted, it will take about 6 months. This is the best scenario. If the plaintiff appeals to the Supreme Court, it will take another 6 months, which means, altogether 12 months. But if the Supreme Court remands the suit to the High Court for review, there is no way for me to make estimation regarding how long such a case is going to take, because it can be remanded many times.

Q13. Sorry, just one last question. It seems like the government has not accepted the suit that has been filed by the Lien-Soong camp, so at this point we do not even know when the legal process will start.

A: (Response by Ms. Chen Mei-ling) I would like to clarify. In fact, the legal process has started at this point. Even though the Pan-Blue camp filed their lawsuits before the proclamation of the electees, our courts have already accepted both cases and expressed that they can provide remedial procedures afterwards. The court has legally accepted the two cases. As for the sealing of the ballot boxes, it is necessary to appeal to the court to seal the boxes so that the evidence preservation process can go into effect. As a matter of fact, both suits have entered the legal process.

Q14. Lawsuits can be filed only after the Central Election Commission has proclaimed the electees. According to the previous explanation, they can provide remedial procedures for the court to accept. In the process of deciding whether to accept the case or not, are there any political factors? Up to now, what reasons or evidence has the Lien-Soong camp raised to support their demand for a nullification of the election or nullification of the electee's status? If the nullification of the election and electees cases do stand, and a reelection has to take place, how will you deal with the previous president being relieved of his position when the incoming president is yet to be inaugurated?

A: (Response by Mr. Lu Ren-fa) According to Article 102 of the Presidential and Vice Presidential Election and Recall Act, plaintiffs should file their lawsuit within seven days of the proclamation of the electees. We do not want to speculate why the court accepted it or whether there were political factors. To my knowledge, however, the court's judges have weighed the cases independently and according to law. They will not consider any other factors, though they know that this case is of great concern to everyone in society. Nevertheless, they will make their judgment on the basis of the law. As to what evidence the Lien-Soong camp presented and was accepted by the court, we prosecutors have no knowledge of this. Some legislators went to the Supreme Court of Prosecutors to apply for a recount, however. Since they did not provide any evidence, we explained to them that due to the insufficient evidence, it would be difficult to seal all the ballot boxes They stated that they were willing to submit relevant evidence afterwards.

Q15: Right now the KMT and PFP are conducting a mass gathering in front of the Presidential Office and I believe that this is against the law. How will the government deal with this incident? The initiators of this gathering are Chairman Lien and Chairman Soong. Will your government take legal proceedings against them?

A: (Response by Dr. Lin Chia-lung) This protest is politically sensitive, and right now the position of the central government is to support the Taipei City Government and decisions made by Mayor Ma. We should deal with this incident moderately and persuade the protesters to leave. Because of the illegality of this gathering, the police have started collecting evidence for a potential future legal process. I believe that once the dispute enters the legal process, these protesters will leave and go home.

Q16: Would there be a basis for an appeal from the Supreme Court to the Council of Grand Justices, even if a specific constitutional clause cannot be demonstrated? That is, is it possible to have an appeal to the Council of Grand Justices based only on some level of national urgency or importance? Can you say a little more about how the high court and Supreme Court judges are chosen? You say it was not a political process; was it by a panel of prominent lawyers, by a panel of existing judges choosing who is the next person to join their number, how are they chosen? Thirdly, if the election results are nullified as the result of a recount, does that automatically mean the party that won the recount won the election or do you then have to have another election or some other step? (New York Times)

A:(Response by Dr. Lu Ren-fa) If the plaintiff is not satisfied with the verdict of the high court, then he can appeal the case to the Supreme Court in accordance with the law without any exception. As for the Council of Grand Justices, our regulations are not applicable such a procedure.

Secondly, high court and Supreme Court judges are appointed according to the organic laws of the court. From the local court to the high court and then onto the Supreme Court, judges are promoted according to their performances in dealing with the legal cases and the time they serve in the courts. As for the nullification of the election, the whole process would then begin again from registration of voters onwards.



Q17. If a nullification is confirmed, is there automatically a new election or is the other candidate appointed?

A:(Response by Ms. Chen Mei-ling) If the nullification is confirmed by the court and a new election must be held, then the whole election process will re-start from beginning, which would mean the registration of the candidates, proclamation of candidates, proclamation of election and ballot casting. The whole set of procedures would have to be redone.

Q18: I want to ask Minister of Foreign Affairs two questions. The first is: Have most of countries sent their congratulations to President Chen on his reelection, as the United States has? Or are most countries taking a wait-and-see attitude? The other question is: China has been silent on the reelection of President Chen. In your view, what's your next step? How will you reopen a dialogue with China?

A:(Response by Dr. Eugene Chien) In answer to the first question, up until now we have had about 22 countries-including heads of state and high-ranking government officials-send congratulations to President Chen. I think this evening and tomorrow, more congratulation letters will arrive in Taipei for President Chen. In answer to the second question, Taiwan's policy towards China will not change. During the election, President Chen explained this clearly, especially in the second referendum question. Peace and stability mechanisms are very important and will serve as guidelines for future relations with China. Although the referendum was not approved by 50 percent of the total electorate, it is still an important guideline for the country. We are willing to show good will and sincerity to China. In the next few years, we do hope that the relationship between Taiwan and China will be better than it is today.