VZCZCXYZ0001
RR RUEHWEB

DE RUEHIN #4141/01 3520830
ZNR UUUUU ZZH
R 180830Z DEC 06
FM AIT TAIPEI
TO RUEHC/SECSTATE WASHDC 3465
INFO RUEHBJ/AMEMBASSY BEIJING 6104
RUEHHK/AMCONSUL HONG KONG 7333

UNCLAS AIT TAIPEI 004141 
 
SIPDIS 
 
DEPARTMENT FOR INR/R/MR, EAP/TC, EAP/PA, EAP/PD - DAVID FIRESTEIN 
DEPARTMENT PASS AIT/WASHINGTON 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: OPRC KMDR KPAO TW
SUBJECT: MEDIA REACTION: PRESIDENT CHEN SHUI-BIAN'S FUTURE 
 
 
¶1. Summary:  Taiwan's major Chinese-language dailies focused their 
coverage December 16-18 on First Lady Wu Shu-chen's trial on 
corruption charges in the Taipei District Court Friday where she 
faint during the proceedings; a possible cooperation between the KMT 
nativist faction of Taipei city councilors with their DPP colleagues 
in the upcoming election of Taipei's council speaker and vice 
speaker; and a United Daily News poll regarding the approval ratings 
of 23 mayors and county magistrates in Taiwan. 
 
In terms of editorials and commentaries, two editorials implied that 
President Chen Shui-bian will be able to finish his term of office. 
An editorial in the limited-circulation, pro-unification, 
English-language "China Post" said that the Council of Grand 
Justices has been subservient to the authorities, and chances are 
that the Grand Justices would acquiesce to the demand raised by DPP 
legislators to give President Chen Shui-bian permanent immunity from 
prosecution regardless of what wrong he may have done while in 
office.  The pro-unification "United Daily News" mentioned in its 
editorial that the incident in which First Lady Wu Shu-chen fainted 
and was sent to the hospital during her trial at the Taipei District 
Court on December 15 has an impact on the justice of the trial.  The 
editorial added that prosecutors might not be able to complete the 
Presidential Office Allowance for State Affairs case before 
President Chen Shui-bian steps down.  End summary. 
 
¶2.  President Chen's Future 
 
A) "Can Grand Justices Uphold the Independence of the Court?" 
 
The conservative, pro-unification, English-language "China Post" 
[circulation: 30,000] said in an editorial (12/16): 
 
"Taiwan has a constitutional court, which is the Council of Grand 
Justices. All grand justices are appointed by the president, subject 
to confirmation by the Legislative Yuan. Now the grand justices are 
being asked to give the man who gave them their job permanent 
immunity from prosecution regardless of what wrong he may have done 
while in office. 
 
"The request was made by all but three of the 86 lawmakers of 
President Chen's Democratic Progressive Party on the eve of first 
lady Wu Shu-chen's trial on corruption charges. The legislators, who 
asked the grand justices to review and explain a Constitutional 
article on presidential immunity, also wanted an injunction to 
suspend her trial. The Constitution in Article 52 says: The 
President shall not, without having been recalled, or having been 
relieved of his functions, be liable to criminal prosecution unless 
he is charged with having committed an act of rebellion or treason. 
The lawmakers of the ruling party want the grand justices to explain 
whether the president "shall not ... be liable to criminal 
prosecution" after he is "relieved of his functions" and whether his 
immunity from prosecution shields him against criminal investigation 
and subpoena for appearance in court to give testimony. ... 
 
"Should the grand justices go along, all charges against President 
Chen would have to be dropped and he would be immune from 
prosecution after he bows out on May 20, 2008. He could not be 
subpoenaed to testify in court to substantiate the charges brought 
against the first lady. If the injunction is issued, the Taipei 
district court won't be able to hand down the verdict on her before 
her husband leaves office. The grand justices may even rule the 
first lady shares presidential immunity from prosecution, and then 
the court may be forced to dismiss the case against her. 
 
"Taiwan's constitutional court has been subservient to the powers 
that be. The chances are that the grand justices would acquiesce to 
the demand. We wonder if there are enough grand justices to uphold 
the independence of our constitutional court." 
 
B) "The Impact on the Justice of the Trial Caused by Wu Shu-Chen's 
Standing Trial and Being Sent to the Hospital" 
 
The pro-unification "United Daily News" [circulation: 400,000] 
editorialized that (12/16): 
 
"... The situation shows that the trial of the case [of the 
Presidential Office Allowance for State Affairs] cannot be completed 
before Chen Shui-bian finishes his term of office.  The problem is 
not embedded in the dispute regarding the President's immunity on 
criminal charges but the variable of [First Lady] Wu Shu-chen's 
physical health.  Some people originally guessed that Wu Shu-chen 
might ask the court for a day off yesterday, but the subsequent 
developments showed that when something happens to Wu Shu-chen, the 
biggest impact is to the justice of trial.  Perhaps, the trial 
proceedings might resume in the future, when Wu Shu-chen feels that 
her physical condition allows it, but no one can be sure that she 
will not once again be sent to the hospital in the middle of the 
session.  Hence, we can assert that the trial cannot proceed 
smoothly. ..." 
 
 
WANG