"No" to China's Election Interference, How About That of the "Eastern Depot？"
United Daily News Editorial, December 5, 2023
"Interference in elections" in the coming 2024 presidential election has attracted much scrutiny. The ruling Democratic Progressive Party (DPP) has frequently attacked China for interfering in Taiwan’s elections, including with instances of their sponsorship of village chiefs’ trips to the mainland. Taiwan People’s Party (TPP) Chairman and presidential candidate Ko Wen-je was also questioned by the American Institute in Taiwan (AIT) about whether there was intervention from the Chinese mainland. However, another form of election interference causes greater harm, that is, the administrative or judicial intervention and harassment by state institutions.
Recently, the Taipei District Prosecutors Office listed former President Ma Ying-jeou, KMT Chairman Eric Chu, Mr. Ko, and KMT presidential candidate Hou Yu-ih as defendants for possibly violating Article 84 of the Presidential and Vice Presidential Election and Recall Act, a regulation concerning enticing a party to abandon the campaign or to perform certain campaign activities by asking for benefits. Investigations such as the National Communications Commission (NCC) summoning Kuomintang (KMT) vice-presidential candidate and Chairman of the Broadcasting Corporation of China (BCC) Jaw Shaw-kong to investigate a possible violation of the Radio and Television Act, which regulates political parties’ involvement in radio and television businesses, and the probe into village chiefs who received noodles from Taipei City Councilor Hsu Chiao-hsin for potential electoral corruption are examples of interference in elections by governmental agencies under the Tsai administration.
During the KMT and TPP negotiations, Mr. Ko revealed that some people approached him, offering him US$200 million to be the deputy of a certain party’s presidential candidate. Despite the breakdown of the proposed KMT and TPP alliance, Mr. Ko’s “big mouth” has caused trouble for both parties. Diehard DPP supporters have filed a legal complaint against four individuals for violating election laws based on Mr. Ko’s revelations, and the judicial authorities are happy to cooperate, listing the four as defendants. The judicial apparatus getting involved in the election process has created great uncertainty in the elections, and the public wonders how this situation will unfold.
In addition, the eligibility of vice-presidential candidates from the KMT, TPP, and DPP camps has come under scrutiny. If the qualification of any of these candidates is revoked, it will significantly impact the election results, potentially leading to one side winning without a fight. Mr. Jaw is attacked by the DPP for violating the "Broadcasting and Television Act" and the "Party, Government, and Military” clause. The National Communications Commission (NCC) promptly sent a notice to BCC seeking clarification and summoned Mr. Jaw. Shen Po-yang and Hsu Jui-hsi, who are non-constituency legislators representing the DPP and TPP respectively, are also under NCC scrutiny for their roles as advisors and directors at respectively the Chinese Television System (CTS) and Public Television Service (PTS).
Mr. Jaw and the other two appear to be involved in the dual roles of politics and media, but the corresponding laws and situations are quite different. The CTS and PTS are public media funded by the taxpayers, and therefore, the Public Television Act explicitly states that "directors and supervisors may not participate in political party activities." However, the BCC is purely private, and the "Radio and Television Act" only restricts those who are related to political party affairs, government affairs, and appointed public officials, from investing in such companies, without explicitly prohibiting running for office.
In terms of the situation, Mr. Jaw is currently just a candidate. If he is elected as a public official, he would have to resign. However, he is currently advocating for his "right to run," which is legally justified. Shen Po-yang is listed second on the ruling DPP’s legislative election party list and is likely to be elected, so he only has the option of resigning. In comparison, Hsu, a board member of PTS who is on the TPP’s party list, has a very low chance of being elected but still chose to resign. It is, probably, to avoid controversy.
Executive Director Teng Hsi-hua of the Taiwan Media Watch Foundation stated that Mr. Jaw’s resignation is a matter of moral standards and does not involve clear legal violations. Civil organizations are aware of the distinction between the legal boundaries of the two, but the NCC pretends to be unclear, seeking explanations in an indiscriminate manner while leaving room for political maneuvering. Chang Tien-chin, who was deputy chairman of the Transitional Justice Commission, once likened himself to the secret and abusive Eastern Depot — a group of state apparatus with abusive power — during the Ming Dynasty, and planned to politically attack Mr. Hou, who was KMT’s then-candidate for New Taipei Mayor in 2018. Chang pondered “attacking in a subtle way would make the strongest impact." Now, it seems that the "Eastern Depot” is mobilizing again. It is observed that the NCC has been extremely passive in handling the case of the SET News (SETN) investing in Homeplus Digital Co., Ltd., allowing pro-DPP SETN personnel and pro-DPP political talk show hosts to enter CTS without questioning. However, the NCC is now aggressively intervening in candidate qualifications. What kind of "independent agency" is this?
In addition to the notorious actions of the Central Election Commission, the National Communications Commission, and the Transitional Justice Commission, even the judicial and prosecutorial systems have also been involved in some misconduct during the process of election. For example, the Investigation Bureau, Ministry of Justice, recently received intelligence that a village chief was allegedly violating election laws by distributing noodles and garbage bags. Shockingly, some village chiefs were taken away at six in the morning, and there is the possibility of summoning Kuomintang (KMT) legislator candidate Hsu Chiao-hsin for questioning. Hsu ridiculed the investigation, suggesting that the investigators should learn from Google and not miscalculate NT$4 (about US$0.12) garbage bags and NT$20 (about US$0.63) noodles as NT$100 (about US$3).
Frequently collaborating with those in power to "check the water meter" of dissident figures and handling cases with a political bias, the investigative authorities have been criticized for their lack of administrative neutrality, with the changing standards seemingly based on political affiliations. This is a vivid portrayal of the challenges faced under the DPP’s complete governance. While we say absolutely “No” to China’s interference in the elections, the state apparatus is extending its sinister influence into the election process. Should the public just accept this? The people must use our votes to put these agents of the "Eastern Depot” back in their place.