From the minutes of the Constitutional Convention for the Philippines, January 24, 1935.
Category: Asia
Press Conference with the Taiwanese President
Following the incredible amount of discussion we had here regarding a BBC “From Our Correspondent” column on a heavily stage-managed interview with Japanese PM Aso Fukuda, I think it would be interesting to compare with this Taipei Times “Reporter’s Notebook” column on Taiwanese president Ma Ying-jieu’s press conference given at the Taiwan Foreign Correspondent’s Club. The most obvious difference of course is that Ma, who studied in the United States, is fluent in English and required no interpreter. Also unlike the aforementioned Aso Fukuda interview, this was apparently an actual live press conference, in which reporters were free to ask questions of their choice. However, according to the column, “the tough questions never came.”
Throughout the 90-minute session, Ma’s fluency held up well — but he did stumble on several occasions with figures, reverting to a quick check of the numbers in Chinese with his aides.
Consistent to a fault, however, Ma used the term “mainland” to describe China, so much so that many of the foreign correspondents found themselves employing Ma’s questionable terminology in their questions.
He also made one or two factual errors, such as accusing Democratic Progressive Party Taipei City councilors of offering a reward for anyone who could pelt Chinese envoy Chen Yunlin (陳雲林) with eggs during his visit last month, when in fact it was members of the pro-independence group Taiwan Society North.
He did impress by answering questions precisely and comprehensively, except for the terse response to a query on whether he would welcome the Dalai Lama.
Overall, however, the nature of the audience meant that questions focused on international issues, which meant that this reporter — and several others — were left disappointed that Ma wasn’t pressed on domestic problems that may yet influence cross-strait ties.
Incidentally, his response over whether he would welcome the Dalai Lama was “no.”
“Losheng eviction to begin”
More than 50 Losheng Sanatorium preservationists gathered in front of the Department of Health (DOH) building yesterday, protesting the eviction of Losheng residents and demanding that Health Minister Yeh Ching-chuan (葉金川) listen to their pleas. “No forced eviction, we want dialogue!” shouted the members of the Youth Alliance for Losheng and Losheng Self-help Organization. “[Today] they will force [the residents] out. Why will no one listen to our pleas?” said alliance member Chang Hsin-wen (張馨文). The preservationists’ fight against what they consider human rights violations and the destruction of historic buildings has continued for four years. (12/03)
Text and photos from my visit to Losheng this past summer can be found here. Losheng residents who are evicted will actually be given a space in the recently constructed hospital building located almost next door, but this will probably be of little consolation to those who prefer zipping around the campus in their electric wheel chair scooter devices to the sterile hospital halls.
Lo Sheng preservation in doubt
The historic Lo Sheng Sanitarium, built by the Japanese colonial government in 1930 and located in Sinjhuang City, Taipei County, may not be preserved after all. As I wrote about following my visit there this summer, activists have been working to arrange a preservation agreement for the site with the government, following a plan to demolish it entirely to make room for a metro train depot. The government had made a promise to preserve 40 (approximately 3/4) of the buildingds on the site, but now appears to be reneging.
The protest came after the Taipei County Government posted a bulletin on Tuesday in which it said that residents who have not moved out before Monday would be evicted, including residents living in 25 buildings the government had promised to preserve.
[…]
The government agreed to preserve 22 buildings at the first site.“Of the 40 buildings that were to be preserved, the Department of Rapid Transport Systems only guarantees the safety of 15 during construction. It will fence the other 25 buildings, which means residents cannot live there anymore,” the group said in a statement.
[…]
They said the government’s sincerity in vowing to preserve the sanatorium was doubtful.“The preservation agreement was made last May, but until now, the government hasn’t declared the sanatorium a historical site … Before it is declared as a historical site, we will not allow the MRT department to destroy the complex,” the group said.
(From Taipei Times)
Excellent rebuttal of Tamogami in Asahi — but not on the Internet
Page 15 of today’s Asahi, the opinion page, has run three excellent articles analyzing and rebutting the controversial arguments and actions of recently dismissed ASDF Chief of Staff Tamogami. I’ll quickly summarize their points:
(UPDATE: In case you missed it, you can read Tamogami’s full, six-page essay here (PDF))
Shinichi Kitaoka — Professor at Tokyo University specializing in Japanese diplomatic history
Tamogami is wrong and uses questionable secondary sources (such as Mao: the Unknown Story) to support theories that are widely rejected by the historical community. Tamogami’s views on politics appear subtly masochistic and emotional. For example, his complaints that Roosevelt tried to lure Japan into firing the first shot are “shameful” since international politics is by nature a game of trickery. Most military leaders around the world are well-educated and act gentlemanly, and in these respects Tamogami has failed miserably to meet the conditions for leading a branch of the armed forces. The incident has done enormous damage to the public’s faith in the Self Defence Forces.
Shunichi Karasawa — commentator and member of the Tondemo Gakkai, a group dedicated to debunking urban myths and conspiracy theories
Tamogami is a classic conspiracy theorist — despite the presumed access to primary information that would come with high office, Tamogami instead chose to use secondary sources that supported his theories without examining them, and then failed to prove his point. Writing about politics or history requires one to avoid the temptation to simplify complex situations, but apparently Tamogami lacked the patience. Maybe this is an expression of the SDF’s frustration over the unclear status of the force during a time when the US-Japan relationship is changing.
Tamogami has a reputation as a capable man of action. This preference for quick resolutions makes it easy for someone like that to get caught up in conspiracy theories since they are always looking for someone to blame.
After publishing the essay, he has displayed an attitude that he is more or less satisfied that he did something significant. This pattern of saying something and not seeing much need for followup or verification is also typical of conspiracy theorists.
Perhaps part of the reason his arguments have generated support on the Internet is because they offer simple answers in a complicated world. But we should not just laugh off his essay. It’s a dangerous world indeed when officials in high office can so easily be led astray by wild theories.
Toshiyuki Shikata — Teikyo University professor and former vice president of the National Defense Academy
Shikata argues from the perspective of a former officer and notes that Tamogami quite clearly did not follow the proper procedures when writing his piece. He notes that normally pieces related to work require vetting by the Chief Cabinet Secretary, and if he had gone through proper channels this inane essay never would have seen the light of day. Of course Tamogami knew that, somehow claimed the essay was unrelated to his duties, and decided to go for maximum political effect by publishing through the contest route while still in office. He then echoes Karasawa in stating that the SDF is “depressed” over its unclear status, but goes further to suggest that the constitution be revised to clarify things.
—
All well and good, but you won’t find any of these arguments on the Internet, at least not until I typed them up (we might see a translation in the English edition, but not the original Japanese). As usual, the right-wing has a leg up on more level-headed commentators in terms of Internet outreach. Tamogami did not hestitate to make his thoughts known in full on the Internet (possibly because he couldn’t have published them elsewhere), and the impact has been astounding. But Asahi, a mainstream media dinosaur, can only trot out its heavy hitters in the dead-tree edition.
Blogger-economist Nobuo Ikeda argues that the Asahi Shimbun, as the longtime promoter of the comfort women issue and the Nanking Massacre, two incidents that he feels are overblown, has lost credibility to criticize Tamogami, since Asahi has a history of engaging in the same sort of demagogy.
But I would say the Asahi suffers from more than just a credibility issue, if indeed they do. They just are not actively engaging the Internet audience, and this should be a real cause of concern if they want to maintain any status as a forum for opinion leaders.
CSIS says appoint Al Gore as Japan ambassador — um, what?
I haven’t posted my reaction to Obama’s election, but suffice to say I voted for him and I am delighted to see a damn fine human being leading my country. That out of the way, I have an opinion I would like to share.
A CSIS Asia policy hand has this suggestion for Obama with regard to Japan policy:
President-elect Obama also needs to send some early signals of reassurance to Japan. For reasons not entirely clear or logical, there is a widespread perception in Japan that Republicans like Japan more than Democrats do and growing concern that an Obama administration will continue the U.S. “tilt” toward China that many in Japan perceive (in my view wrongly) as already underway. Making sure a few well-known Japan-hands are in senior positions at the State Department and National Security Council will help in this regard, as will naming a prominent, well-respected former official as ambassador to Tokyo – names like former Senate Majority Leader Tom Daschle, former Assistant Secretary of Defense Joseph Nye or even former (Republican) Deputy Secretary of State Richard Armitage come immediately to mind. Former Vice President (and Nobel Laureate) Al Gore would be a particularly inspired (but probably unrealistic) choice.
I appreciate the attention paid to these issues by Mr. Cossa, and obviously Obama needs good advisers in the Asia policy realm.
And I’ll accept that there is much hand-wringing in Japan and at the Japanese embassy on Mass Ave on how well the US will value the US-Japan relationship, the tilt toward China, and all that. But why do unclear and illogical concerns justify throwing them a bone like Al Gore? That assumes consequences for not making conciliatory gestures by giving an auto-pilot ambassadorship to one of the US’ most active and valued elder statesmen. But what would Japan do if a relative lightweight is appointed? Japan is inextricably linked to the US for the conceivable future, and unless Obama makes a series of truly humiliating and harmful decisions, nothing about that will change. The wish for high-profile appointees in the Asia policy realm is justified only by the self-interest of the policy wonks themselves, and how worthless is that from a class of people whose job it is to make objective assessments of US national interest? To venture a conjecture, Cossa may be throwing out the most obvious choices and one ridiculous choice as a way of offering an indirect recommendation for someone within his organization, Michael Green, the CSIS Japan Chair and a former Bush adviser on Asia-related national security policy.
And even if Obama did put in Armitage or Green or another figure beloved by the Japan policy circles, would that do anything to alleviate the impact of the potential friction points, such as divergence on the NK issue, favoring China, or trade problems? I doubt it.
I also don’t see much reason for putting people with very strong opinions like Armitage, Green, or Nye into the position of ambassador, which is really more about being inconspicuous and conciliatory than the leading thinker on the state of the US-Japan alliance. Japan policy circles might swoon, but there’s little reason to bend over backwards to please them.
Aso to pull a McCain at the G7?
The Aso government has indicated plans to use the upcoming emergency G7 finance ministers summit to urge the US to adopt a Japan-style capital injection of troubled banks. The Nikkei backs up this position in an editorial: “The US and Europe must press the need for an injection of capital [into failing financial institutions] to assuage financial uncertainty.”
Of course, the US will probably have little choice but to inject capital anyway (the UK is already doing something similar), so Aso’s advice might simply be a ploy to try and take credit for something he had nothing to do with.
An uncannily accurate prediction
I just finished reading the book Sketches From Formosa, a memoir by the English Presbytarian missionary Rev. W. Campbell, D.D., F.R.G.S., Member of the Japan Society in 1915. This is one of many wonderful facsimile reprint editions of old books concerning Taiwanese history (in both English and Japanese) published by the Taiwanese historical publisher Southern Materials (南天), which I picked up in their Taipei store. Towards the end of the book he gives his impressions of the Japanese takeover of Taiwan and their policies, and in that section (p. 325-6) was the following passage concerning Japanese efforts to eliminate opium use in Taiwan:
Those who favoured the gradual method of extinction felt that there were serious objections to an immediate adoption of the root-and-branch way of going to work. For example, they said-as many Medical Missionaries have also affirmed-that the latter course would entail unspeakable misery on the opium-smokers themselves, and that the enactment of stringent laws in such circumstances would necessitate a fleet of armed cruisers round the Island to prevent smuggling, with Police establishments and Prison accomodation on a scale which simply could not be hoped for.
Doesn’t this sound like a pretty good description of our current failed drug war policies, from a 1915 perspective?
Asia’s many legal systems
This just came out: an interesting survey regarding Asian legal systems. It was structured as a poll of regional corporate executives, and sought to find out which systems are perceived as the easiest to do business within.
In descending order, with 1 being the best score and 10 being the worst:
1. Hong Kong (1.45)
2. Singapore (1.92)
3. Japan (3.50)
4. South Korea (4.62)
5. Taiwan (4.93)
6. Philippines (6.10)
7. Malaysia (6.47)
8. India (6.50)
9. Thailand (7.00)
10. China (7.25)
11. Vietnam (8.10)
12. Indonesia (8.26)
No real surprises for anyone who’s familiar with these countries. But here’s a quick rundown of comparative Asian law to accompany the list:
Hong Kong and Singapore both retained the common law which applied to them when they were English colonies. The systems are so similar that Hong Kong and Singaporean solicitors can become qualified as English solicitors by taking a short transfer exam on professional conduct. The efficiency and transparency of these systems are key reasons for Hong Kong and Singapore’s popularity as international financial centers: contracts are generally enforceable, courts are generally predictable, and things work more or less as they would work in London or New York.
Japan built a civil law system in the late 1800s based on the Napoleonic Code as it had developed in France and Germany. Korea was subject to Japanese law during the colonial period, and while they carefully replaced the Japanese statutes with “native” statutes upon independence, South Korean law is still very close to Japanese law. The Republic of China apparently intended to develop its own civil law during the early 20th century, but was so preoccupied with other matters during its early history that it ended up copying Japan’s system instead. So all three systems are very similar to each other, and share common elements with the law of continental Europe (such as extensive codification and minimized judicial discretion).
The Philippines governs itself through a mishmash of Spanish and American law: family, property and contract matters are governed by Spanish-style rules, while constitutional, commercial and litigation matters are governed by American-style rules. Malaysia and India both follow English common law, with religious law (such as Islamic sharia) applying to family matters. All three countries suffer a similar basic problem: although their legal systems are based on good models, they are quite dysfunctional in practice due to corruption and bureaucratic inefficiency.
Thailand’s strong monarchy managed to keep its legal system fairly independent, but like Japan, Thailand tapped European experts to help write its statute books, so it ended up with a French-style civil law system. Although the system isn’t bad, it remains subject to the will of the monarchy or whomever else happens to be in control of the country at any given time, which isn’t very reassuring to people doing business there.
China is something of a basket case these days, operating under an intricate collection of statutes from different eras. The Republic of China adopted Japanese law, as stated above, but the Communists threw out these rules upon taking control of the mainland in the 1940s, and introduced a close copy of Soviet law. Since the 1980s, though, the National People’s Congress has overwritten most of China’s Soviet law with new statutes governing property, contracts and other basic private legal matters. Many of these are so vague that their practical application falls to bureaucratic discretion. Wikipedia has a chunky but interesting writeup on the subject which could use further development by experts.
Vietnam and Indonesia, at the bottom of the rankings, formally still follow Napoleonic legal systems introduced by their colonial powers (France and the Netherlands respectively), but in practice the rules are only enforced when the government is in the right mood.
Language continues to be as much of an issue in Taiwan

Rectification of names by the new administration of the Taiwanese (ROC) government continues. The blog David on Formosa managed to get several snapshots of the old slogan over the entrance to the square surrounding Chiang Kai Shek Memorial Hall, which was a reference to CKS’s chosen name for himself (Zhongzheng), and then followed up a few months later with some photos showing that the Hall itself had in fact been returned to its original name (i.e. CKS Memorial Hall) after a brief period of renaming as Democracy Memorial Hall under the Chen Shui-bian administration. As a comprimise, the KMT Ma Ying-jiu administration accepted keeping the new name of the square, which today is still labeled 自由廣場 (Liberty Square), while returning the old name of the Hall itself.
During my recent 3 week trip to Taiwan, I kept meaning to stop by the Hall, but simply never had the time. I did notice, however, the new “Liberty Sqaure” signs while driving past it. I also happened to be in Taiwan around the time that Taiwan Post, former Chunghwa Post, was again being renamed to Chungwha Post. I actually passed by one post office which just said “______ Post”, with a big empty space where the first word of the name should be. Unfortunately, my camera was in my bag at the time.
At the same time, there has apparently been another controversy over whether to use the name Taiwan or China, this time in a particularly comical place-the nation’s bird watching association.
The renaming of BirdLife International’s Taiwan chapter from Wild Bird Federation Taiwan to the Chinese Wild Bird Federation has caused an uproar among some of Taiwan’s bird lovers, with the founding president of the Wild Bird Society of Penghu, Lin Chang-hsing (林長興), saying that he will call for members to resign from the Chinese Wild Bird Federation.
Apart from refusing to pay yearly membership fees to the Chinese Wild Bird Federation, Lin said he would invite fellow bird enthusiasts to set up a new federation for wild birds using the words “Taiwan” or “Taiwanese.”
There are also at least two more serious developments that have made the news recently though. First is a decision by a Geneva, Switzerland court declaring that Taiwan (ROC) “is an eligible plaintiff in the case on the grounds that it possesses all the elements of statehood and that its government holds and effectively exercises sovereignty over its territory.” While I believe that this does not necessarily have any effect on formal diplomatic recognition by the Swiss government, it certainly seems like it could open the way for it. And most significantly, the court simply recognizes that Taiwan/ROC is a state, without particularly caring what it is called, or about anything related to the “one China” issue. This seems to mean that the Swiss court has effectively opted for dual recognition of China/PRC and Taiwan/ROC as separate and independent states. As a further wrinkle, the actual case involved a lawsuit filed by Taiwan/ROC against the ISO (International Standards Organization) “emanding that the organization correct Taiwan’s designation from Taiwan Province, China to Republic of China (Taiwan) in the ISO 3166 country codes list.” While the current administration certainly has no desire to force the ISO to change the designated name to a simple “Taiwan”, there seems to be no reason why it would not be possible. If Taiwan/ROC prevails in their lawsuit against the ISO, it would open the door for a future DPP administration to request a name change from Republic of China (Taiwan) to simply Taiwan.
And finally, in a move which ideologically could be considered as pro-China, but in practical terms is a victory for simple common sense, the government has finally declared that Taiwan will standardize Mandarin Chinese romanization on Hanyu Pinyin in 2009. Unlike in the PRC, Taiwanese themselves simply do not use Pinyin, and it exists on signs solely for the benefit of foreigners. While the cacaphony of mutually incomprehensible romanizations throughout Taiwan do have a certain charm, the fact that the same name or word may be romanized upwards of a half-dozen ways throughout the island is doing no favors to the visiting (or even resident) foreigner. Ma implemented Hanu Pinyin as an official system during his term as mayor of Taipei, and so this move is far from a surprise. It might be a minor victory for the pro China side in Taiwan’s culture war, but as a practical matter this is simply a good idea.
Oh, and on a more tangentially related note, it appears that the US has dropped Taiwan from the proposed list of visa waiver countries. I guess they didn’t want to piss off one of their largest creditors during the economic meltdown.
