VZCZCXRO6613
PP RUEHCN RUEHGH
DE RUEHIN #1457/01 1780151
ZNR UUUUU ZZH
P 270151Z JUN 07
FM AIT TAIPEI
TO RUEHC/SECSTATE WASHDC PRIORITY 5807
INFO RUEHBJ/AMEMBASSY BEIJING 6971
RUEHGH/AMCONSUL SHANGHAI 1200
RUEHCN/AMCONSUL CHENGDU 1979
RUEHSH/AMCONSUL SHENYANG 5947
RUEHGZ/AMCONSUL GUANGZHOU 0373
RUEHHK/AMCONSUL HONG KONG 8223

UNCLAS SECTION 01 OF 02 TAIPEI 001457 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR AIT/W, EAP/TC, INR/EAP 
 
FROM AIT KAOHSIUNG BRANCH OFFICE 
 
E.O. 12958: N/A 
TAGS: PGOV TW
SUBJECT: Kaohsiung Mayoral Election Nullification: Legalities and 
Politics 
 
REF:  A) 2007 Taipei 1382 B) 2007 Taipei 0520 C) 2007 Taipei 0273 D) 
2006 Taipei 4152 
 
SENSITIVE BUT UNCLASSIFIED, PLEASE PROTECT ACCORDINGLY 
 
¶1. (SBU) Summary: The recent Kaohsiung District court decision to 
nullify last December's Kaohsiung mayoral election has surprised 
both the Green and Blue camps, each of which hopes to turn the 
situation to its advantage.  While the decision has produced no 
clear "winner" at this point, the final outcome of this case, which 
will work its way through higher courts over the coming months, 
could well affect DPP and KMT plans as they gear up for legislative 
and presidential elections early next year.  End summary. 
 
Legal Uncertainties and Judicial Firsts 
--------------------------------------- 
¶2. (U) The Kaohsiung High Court on June 15 annulled (DPP) Mayor Chen 
Chu's 2006 mayoral victory, ruling that she violated the Election 
and Recall Law by using illegal means to interfere with Huang 
Chun-ying's election campaign.  Mayor Chen will remain in office 
while appealing her case to a higher court (see ref A).  In a 
six-page dissenting opinion attached to the ruling, Judge Ku 
Chen-hui argued that, although Chen Chu's negative after-hours 
campaign tactic clearly violated the law, it did not affect voters' 
rights to cast a free ballot.  According to Ku, (KMT) mayoral 
candidate Huang Chun-ying's inability to counter the vote-buying 
accusation did not impede voters from making their own assessment of 
the situation.  Some KMT lawmakers have questioned the legality of 
the court's decision to publish this dissent, arguing that current 
laws ban disclosure of judges' deliberations leading to a final 
verdict.  Some people in Kaohsiung, however, consider the 
publication of the dissent a promising step toward judicial 
transparency. 
 
¶3. (SBU) Former Kaohsiung District judge Chen Chien-jong told AIT/K 
that court's decision was a "first of its kind."  He pointed out 
that: 
 
-- This is the first time a junior judge (Huang Hsuen-fu), who has 
just completed judicial training and is not approved to 
independently issue judgments, was named as an accompanying judge on 
such a sensitive case. 
 
-- It is rare for a presiding judge (Huang Hong-ching) to disregard 
the judgment of an appointed judge (Ku Chen-hui) who handles the 
entirety of the case, including the collection of evidence and 
interviews. 
 
-- Finally, it is uncommon for an appointed judge to make his 
dissenting opinion public.  The court usually publishes only the 
final judgment and keeps files related to controversial judgments 
confidential. 
 
SIPDIS 
 
¶4. (SBU) According to former judge Chen, in a typical case the 
presiding and appointed judges make independent arguments while the 
accompanying judge's vote determines the final verdict in a split 
decision.  Chen questioned the legal reasoning behind the verdict, 
agreeing with Judge Ku Chen-hui's criticisms.  Chen, who personally 
knows the presiding judge, asserted that the verdict clearly 
reflected the judge's pro-Blue political leanings. 
 
¶5. (SBU) Kaohsiung Chief Prosecutor Wang Jun-li told AIT/K that the 
nullification lawsuit had gone directly to the District court, 
bypassing the prosecutors' office and impeding their involvement in 
the investigation. The judgment has generated debate among his 
colleagues.  According to Wang, presiding judge Huang Hong-ching 
used a public opinion poll that found 1,593 voters were distinctly 
influenced by the alleged vote-buying videotape to support his 
judgment that there was a definite negative impact on Huang 
Chun-ying's campaign.  Wang said some in the prosecutor's office 
questioned whether this poll provided direct or clear enough 
evidence to warrant the ruling. 
 
Public Opinion 
-------------- 
¶6. (SBU) The nullification verdict took both the Blue and Green 
camps and the general public by surprise.  Taiwan Times Reporter 
Chen Hung-rui said that the public's reaction to the court ruling 
has been polarized, with pan-Blue supporters applauding and 
pan-Green supporters rejecting the ruling.  Public confusion about 
the details of the lawsuit has not been helped by President Chen's 
criticism of the District Court ruling as support for vote-buying. 
 
TAIPEI 00001457  002 OF 002 
 
 
Claims by KMT lawmakers that the published dissenting opinion was a 
"leak" have also increased public misunderstanding.  Some people 
have suggested that the court's ruling might be intended to deter 
candidates in future election from resorting to last minute smears 
against opponents, which raises concerns about judicial activism. 
(Note: Although unusual, the court itself decided to publish the 
dissenting opinion and make it a public document.  End Note.) 
 
¶7. (SBU) The District Court's ruling has had no effect on the city 
government so far.  The Kaohsiung City Election Commission has not 
been instructed to prepare for a possible by-election.  An AIT/K 
contact said that if the High Court denies Mayor Chen-chu's appeal, 
then the Executive Yuan would remove her as Mayor and notify the 
Central Government Election Commission.  The Kaohsiung City Election 
Commission would then be directed to begin the by-election process. 
 
 
Political Effects 
----------------- 
¶8. (SBU) Political effects of the nullification verdict on the 
pan-Blue and pan-Green camps remain unclear.  National Chung Chen 
University Professor Soon Hsieh-wen expects the ruling will 
negatively affect the DPP's electoral prospects in the coming year, 
and he views President Chen's public criticism of the verdict as a 
DPP attempt at damage control.  Sun Yat-sen University Professor 
Shin Chuei-ling, however, noted that the DPP has effectively 
contested the ruling, while the KMT has failed to take advantage of 
the situation to sustain its attacks against the DPP.  National Sun 
Yat-sen University Professor Kuo Chih-Wen told AIT/K that the 
annulment would only help the KMT in the short-term, arguing that 
the DPP presidential campaign will be strengthened if Mayor Chen 
wins the appeal. 
 
¶9. (SBU) KMT Legislator Lo Shih-hsiung told AIT/K that although the 
KMT is not particularly "thrilled" about the ruling because it does 
not make Huang Chun-ying Mayor of Kaohsiung, it hopes the ruling 
will deter "last minute, negative campaigning," which has long been 
a DPP tactic.  Lo was not optimistic that the ruling would be upheld 
upon appeal, but predicted that even a loss could energize pan-Blue 
supporters. 
 
¶10.  (U) In the meantime, the battle lines between the Blue and 
Green camps are being drawn.  The Kaohsiung City Government 
Information Department held a press conference on June 20 to replay 
the videotape, which showed Huang Chun-ying's campaign aide 
distributing cash to voters mobilized for a Huang campaign rally, 
and alleged Huang was involved in vote-buying.  KMT Huang Chun-ying 
has now sued President Chen Shui-bian and Kaohsiung Mayor Chen Chu 
for libel and asked for compensation of NT$10 million and NT$5 
million respectively.  Local pro-Blue press commentators charge that 
the DPP Kaohsiung City Government is fast becoming Mayor Chen Chu's 
new campaign headquarters whereas the KMT-dominated Kaohsiung City 
Council has hunkered down as a command center for Huang Chun-ying's 
new assault. 
 
Comment 
------- 
¶11. (SBU) The appeal of the nullification will take several months, 
some say as long as half a year, to wind its way through the next 
court of appeals. The timing of the decision could play into the 
upcoming presidential and legislative elections scheduled for early 
next year. 
Thiele 
 
Young