Thursday, February 16, 2012

Lawyers on the rise

My friend Michael Fahey pointed to this post at the Winkler Partners blog on the rising number of lawyers in Taiwan.
The number of lawyers in Taiwan increased significantly in 2011 as a record 964 candidates passed the bar exam.

Despite a population of 23 million people and the world’s 19th largest economy, Taiwan has just 7,000 practicing lawyers according to the Ministry of Justice. The California State Bar, for example, has nearly 200,000 members. The Netherlands, with a population of 6 million, had 15,000 lawyers in 2007.

According to Ministry of Examination figures, the pass rate for the 2011 exam was 10.6%.

While this may seem very low by the standards of other jurisdictions, it is unprecedented in Taiwan. During the martial law era (1949-1987), pass rates were below 1%. Between 1950 and 1989, just 782 lawyers became members of the bar. In 1981, two years after the Kaohsiung Incident, just six passed. This was widely understood to signal the government’s displeasure with the profession after a team of lawyers defended the leaders of the rally that triggered the incident.
It's a fascinating look at a completely different legal climate. The whole post is full of excellent observations. Jane Kaufman Winn, who did work in Taiwan in the 1990s on various aspects of the legal system, formal and informal, has an extensive paper on the legal profession as it emerged from martial law in the early 1990s. She notes:
Before the recent reforms to the bar admission system in Taiwan, there were several avenues to admission to the bar that were at least as important as, if not more important than, the official bar exam. These included service as an attorney for one of the armed forces, and passage of a minimal bar examination for those holding positions above a certain rank for a certain period of time within a law faculty in Taiwan. These “backdoors” to admission to the bar were very important when the passage rate for the official bar examination averaged around 1-2% a year, as it did before 1989. For many years, obtaining a J.D. or other advanced law degree in the US before returning to Taiwan to take up a position teaching part-time in a law faculty was a more certain path to admission to the ROC bar than sitting the official bar examination, at least for those with the resources to study abroad.
The Winkler piece observes that one reason for the small number of lawyers is that there are many routes to dispute resolution in local society -- the government bureaus resolve many disputes that might go to lawyers in other countries. The police also play a similar role, resolving disputes before they ever arrive in court. Certain kinds of transactions are handled by specialized paralegals in Taiwan and also never see the hand of a lawyer. Finally, they note that legal work in Taiwan is expensive and many simply can't afford it.

Further review: The MOJ's English database of laws in Taiwan
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Wednesday, February 15, 2012

Makiyo madness engulfs Taiwan

What's the big story in Taiwan? You might think it is Linsanity, but when I opened the Taipei Times just moments ago, the top 5 stories were:

1 Makiyo, friend released on bail
2 Makiyo, friend charged with assaulting driver
3 Police face charges in Makiyo case
4 Watchdog urges media restraint in Makiyo case
5 Fong Fei-fei, the ‘Queen of Hats,’ passes away at 58

Makiyo was also the week's most read story at the China Post as well.

The Makiyo story is gigantic. A bare bones summary from the first story:
The Taipei District Prosecutors’ Office yesterday wrapped up its investigation into a case involving singer-actress Makiyo and her friend Takateru Tomoyori, charging both with assault and asking for four and six years imprisonment respectively over the alleged beating of a taxi driver last week.
Another taxi driver had filmed the half-Japanese Makiyo and a friend in the act of beating the driver. Two other actresses in the vehicle were also charged with giving false testimony to the police. The police themselves may face charges since apparently the tape, available at the scene, was not given to the prosecutors until after it had appeared on TV, suggesting that policemen may have been trying to suppress it.

This event has led to much breathless Taiwan media Golden Retriever style "investigation" and reporting into the woman's alleged past as if it somehow meant something. From the same story:
Asked to comment on the singer-actress’ character, some sources within the Japanese community in Taipei said that Makiyo, who is half-Japanese, was not a well-behaved student when she attended the Taipei Japanese School.

Many parents were really troubled by some of her behavior, the source said, such as kissing her boyfriends in school.
Also involved was the famous staunchly pro-KMT gangster Chang An-lo, the White Wolf (long post, shorter one). In China, Chang stuck a finger into the case to offer cash and to stir up anti-Japanese sentiment. Not to mention get his name in the papers.

The case, which has been all over the internet here, sparked public concern that Makiyo was being tried in the media. Part of the problem was that Taiwan's news market is saturated with news stations demanding an endless supply of news, meaning that the event was repeatedly in the news as the stations updated their stories throughout the ensuing days. Even worse, some of the accused appeared on TV to discuss the case though it is still under investigation. Indeed, one deponent claimed that his testimony had been orchestrated by Makiyo's talent agency....
After being indicted by the prosecutor, Takateru Tomoyori, the Japanese man who participated with Makiyo in an attack on a taxi driver, revealed in a TV talk show that it was under the guidance of the agency that he made a false statement to the police. Tomoyori had said that only he, and not Makiyo, carried out the attack. This statement led to the police's investigation into possible perjury by Makiyo's agency.
Prosecutors said Makiyo herself faces a four year jail sentence in the case, Takateru Tomoyori is looking at six years.

The drunken beat down was triggered by the taxi driver's request that the people in the back buckle up as the law now requires.... *sigh*
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Tuesday, February 14, 2012

Linsanity

As everyone alive in Taiwan knows, Harvard grad and Asian-American of Taiwanese descent Jeremy Lin of the Knicks has become a monster, setting a new record in his first four games. He's been adopted by Taiwanese as a "Taiwanese." CNN argues that Lin has a shot at immortality. Former resident of our fair island Andrew Leonard comments on social media and Lin:
The mainstream media now seems to be adapting its coverage of events on the basis of whether something blows up in social media as much as it does from the perceived newsworthiness of the event itself. It’s startling, but also natural: When you see a fire start to blaze, you run to cover to it. And so Linsanity breeds more Linsanity.
You want highlights? Here’s a distilled package of nine minutes of Lin’s exploits from his 28-point explosion on Monday night. You want a tribute video with an original rap soundtrack on top of some T.I. beats?  Someone is recommending it to you on Facebook or Twitter right now. You want analysis, pro or con? Plug “Jeremy Lin” into Google News and say goodbye to the rest of your day.
Yup! My Facebook feed is overrun with Linsanity. The struggle over Lin is already beginning, he represents a whole box of political footballs. First there is the Taiwan-China thing -- yet Lin is American and his Mandarin is rudimentary (here's one discussion from the pro-Taiwan side). In what sense can he be considered Taiwanese, let alone Chinese? It just shows how "blood" continues to define who is Chinese for so many out here. Then there is the Asian-Americans in sports thing. Lin is also some kind of evangelical Christian, so we have the Tim Tebow thing going too. If Lin's hot hand continues, he might well become a phenomenon greater than Yankee pitcher Wang Chien-ming in Taiwan....

Yet as my man Andrew Kerslake (blog) pointed out on Facebook:
In Taiwan there is a lot of local pride in the success of Jeremy Lin and the realization of his hoop dreams. I can not help but consider that had Lin actually grown up in Taiwan, he may never have realized his dream or even dared to dream it. Under the current educational system he would likely have been discouraged by his teachers and peers. He would likely have been buried in the type of meaningless placement tests and endless cramming that extinguish intellectual curiosity and the passion for learning. He would likely have had 2 hours of PE a week and told that athletics are a waste of time. Taiwan has no reason to be glad handing over Lin. Only in America.
Well said, Drew.
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Borneo 2012

Back to Borneo again this year for another Sabahtical with my friend Jeff Miller, ten days of rotis, riding, and relaxing in Malaysian Borneo. We visited both Sabah state and Sarawak state, and also transited Brunei. Click on read more for pics and story..... (warning: very photo-intensive, may have to wait til the pics load up!)

Re-opening for business

We are open for business! I'll be posting later today on various issues, and hopefully tomorrow on the recent election. Just got back from 10 days biking in Malaysian Borneo with a side dish of Brunei... expect pics up soon. I've turned the comments back on. Enjoy!
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Tuesday, January 24, 2012

Happy New Year!

Whoa. Way too much food today.... Happy new year, ya'll!!

And if you still need food, here's an Android app with locations for over 200 night markets...

See you in three weeks!
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Sunday, January 22, 2012

Randomicity

Here's the real story of New Year! The cleaning.... I'm taking his month off from blogging. But I am still biking, so enjoy some pics from various rides lately. I'm also still writing, had a letter in the Taipei Times the other day.


Saturday, January 14, 2012

On Break

Thanks, all!

A hard fought election, a disappointing outcome. I'm taking a few weeks off from posting, being totally burnt out and urgently needing to focus on other aspects of my life. Biking pics will continue to go up, though, they are not stressful!

See you when the semester starts again in Feb.

Michael
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Election Day

Lee Teng-hui speaks at the rally, courtesy of reader Michael Gruber.

To watch the vote count on the net, Sanli is here.

In a few hours we'll know, but for now enjoy some links. Lee Tenghui came out yesterday to speak at the big rally. It was an emotional moment, nicely scripted and choreographed:
“I don’t have much time left. Please support Tsai. Make her the first woman president in Taiwan who will make this country a model of democracy. Now, I put Taiwan’s destiny in your hands,” he said.
Lee is one of the great figures in the growth of 20th century democracy, in a very different way on par with people like Havel and Mandela. If Taiwan's democracy actually does change China, he will have left a towering legacy.

Meanwhile former AIT head Douglas Paal, known for unabashed anti-DPP views during his tenure and now here to perform a dog and pony show for the KMT, found AIT distancing itself from him:
AIT Director William Stanton called off a meeting with Douglas Paal yesterday morning, a source said, which was later confirmed by the Prospect Foundation, an institution affiliated with the KMT that invited Paal to visit Taiwan
Thanks, AIT. Although some aspects of Paal's analysis are dead on, his wholly uninformed and partisan viewpoint is revealed in comments like:
Paal also criticized the “Taiwan consensus” proposed by Tsai, saying the idea was “a way of saying [that Tsai has] no desire to reach cross-strait agreements.”
But enough of Paal. The Nelson Report passed this around:
Note: no details to add on the Taiwan election except that results are expected shortly after breakfast tomorrow (Saturday, DC time) and to report that serious analysts are predicting a very strong chance that challenger Tsai Ing-wen will regain the presidency for the DPP from KMT incumbent Ma Ying-jeou. Stay tuned. Sunday morning (9 am DC time) your Editor will be on CCTV-Beijing, assigned topic the Obama defense "Asia Pivot"...we'll see. Monday is a Federal Holiday so no Report that day.
Wonder who these serious experts are who think Tsai will win. Ballots and Bullets hosts the usual excellent stuff. Stephane Corcuff on identifying consensus in the Blue-Green continuum, Lee Teng-hui's last hurrah, and Jon Sullivan's great piece on Mikael Mattlin's book Taiwan's Politicized Society, which argues that Taiwan's democracy is still a veneer, because the KMT has never permitted full consolidation.

Also see longtime Taiwan scholar Richard Kagan on the election. Frozen Garlic's best flags of the year! And see his Quick Thoughts, lots of good observations. BBC's China media monitoring reports that Beijing has ordered a blackout on news and commentary on Taiwan's election. How the CCP must hate Taiwan.

Finally, a CS Monitor piece cites me on why the election is more sedate on the whole (except for the last week!).

Check Google search, Taiwan's election is right there!

No predictions here. It's going to be close. Good luck to all.
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Friday, January 13, 2012

Links for the Election Eve

Glad this one will be over soon and I can go back to posting biking photos....

  • BBC says Beijing "is suspicious of" Tsai. Notice that while newspapers regularly report that Beijing is suspicious of Tsai -- a formulation found across the media -- no newspaper ever reports on how Tsai feels about Beijing. Wouldn't it be great if newspapers upheld democratic values of fairness and fidelity to reality?
  • Although/Since it is illegal to release information about polls, the KMT has a rundown of self-serving party estimate information from all the parties here. No polls here, no sirree! Although, I'm sure the Agency Against Corruption will want to know what the DPP was doing releasing such data.
  • DPP rips the Douglas Paal dog and pony show for the KMT.
  • The usual yadda yadda on how the election could result in changes in the economy.
  • Taiwan dollar at two month high, global investors expect Ma victory.
  • >stunned< Reuters actually covers the legislative election. Good job, guys.
  • China uses new tactic to influence the election: silence
  • Taiwanese flock home for election: WSJ
  • The Australian: China looms large.
  • AP: Ma loved in Beijing and DC, not so much at home. AP has done a good job this election, especially compared to BBC, NYTimes, AFP, and several other news orgs I could name.
  • CNN sources Taiwan election stuff from a former Beijing correspondent with predictable results.
  • Video from WaPo on how Taiwan voters are choosing course of relations with China.
  • Not a bad piece at all on what the election means from a City U of HKK academic in BBC.
  • Dem and Progressive Failure on Taiwan is mirrored by Taiwan continuing to be an issue for Republicans.
  • AFP channeling Xinhua as usual, don't bother reading, only included for completeness and opportunity to hack on AFP.

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WHACK! Hitting the Links in the Afternoon

Weather tomorrow predicted to be 16-21C with rain. That's tolerable weather for Taipei citizens, who after all are used to a troglodyte existence with no sunlight for months at a time. It's amazing to me that any vegetation is alive in this city. Hence don't expect the weather to affect the vote up here.
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Morning Linkfest

I'll be posting links periodically throughout the day...... first an announcement from Ballots and Bullets:
Jon Sullivan, who has been running the Taiwan 2012 blog at the University of Nottingham, will be live blogging on Election Day. If you are in Taiwan on Saturday and have any observations, insights etc. that you would like to share, please mail Jon (email address on the blog at http://nottspolitics.org/category/taiwan-2012/).
There's a big list of the latest from his blog below. Wonderful stuff.

The Think Tank the National Bureau of Asian Research has a bunch of papers about the election online, all from the usual suspects.
Ballots and Bullets, lots of great stuff here.
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Thursday, January 12, 2012

Links Nom Nom Lin Nom Nom Nom Li...

More links! DPP rally at Shr Jeng 2 Road and Henan Rd.....
NOT ELECTION: Fighting for the future on Orchid Island
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Longtime Blue on why he's supporting Tsai

SY, the longtime commenter here, left this useful translation in the comments of the post below. It is worthy of its own post. Enjoy.

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Nan-fang-suo (pen name of Mr. Wang Hsing-ching 王杏慶, born in China in 1946) is a veteran political columnist. His stand for a "unification" of Taiwan with China is well known. Under the rule of the Chiang family (before 1988), he was a mild proponent for the democratization of Taiwan. After the formation of DPP, he started to drift away from the opposition due to his opposition of Taiwan's independence.

In 2008, he actively supported Ma Ying-jeou's bid for the presidency. Ma has publicly named him one of his two "big brother - mentors". Due to his long-term media contact and connections with the Ma "inner circle", he knows very well how the inner and outer circles of Ma (and King Pu-tsung) operate.

Today (Jan 12, 2012), the Journalist published an article of him in which he declares his support for Tsai as next president. The article was already circulated yesterday (Jan 11, 2012) on the net.

I find his note on the so-called "1992 consensus" very telling. He wrote that "...it is very unethical [or "immoral"] and wrong for Ma to use [the so-called] "1992 consensus" to threaten the Taiwanese people."

I thought the article is an interesting read. So, I did a quick (and probably "dirty", i.e. not proof-read and spell-checked) translation below. Texts in square quotes are mine.

Note that Nan-fang-suo's writing style commonly applies ambiguously structured sentences and not well defined phrases [easily done/coined by freely combining Chinese characters]. It makes the translation difficult. At times, I "best-guessed" to give a level of precision to what he wrote in order to properly rephrase the text in English. Overall, I've tried to be true to what he meant to say as much as I could.

Why I support Tsai, instead of Ma, in this election
Nan-fang-suo (Wang Hsingching)

For a long time, my political conviction has always been one of a pro-blue reformist.

But, after four years of KMT rule [in Taiwan], my disappointment [in KMT] has been growing by the day; therefore, I am supporting Tsai [Ing-wen] in this election, instead of Ma [Ying-Jeou]. Before doing so, I have gone through a process of conversion that might be of referential use to other intellectuals in Taiwan.

I am convinced that four more years of Ma's presidency won't beget a more stable relationship between the two sides [of Taiwan Strait]; rather, it will only drag the Taiwan society into a much worse shape.

Four years ago, the Taiwanese voters granted Ma the presidency by a landslide margin of 16.9% percentage points. With such a mandate and having the control of more than three quarters of the parliamentary seats, he would absolutely have been able to bring about a new era by carrying out political reform and economic development, had he had a solid political conviction and the personality [of a true leader].

This is especially true at this particular time of the 21st century when the whole world understands the importance of transformation. Taiwan would have been set to going through a great enterprise of transformation [, had Ma been up to the job.]

A leader without core values

The problem lies in the fact that Ma is a plain power-player type of politician who does not have real care about the society and does not have any interest in broadening his views and perspectives. He only enjoys engaging in petty political power trickery by taking advantage of the loopholes within the existing political power structure. He lacks the ability to own a political conviction which is of core importance to a political leader. Thus, we are witnessing the trapping of a leader [in a block hole] without core value.

Without a core value, he consequently cannot discern political matters by his own measures. In the past four years, from his so-called "laissez-faire presidency" in his early presidency, to the absolutely impotent response to the Morakot Typhoon disaster, to the policy failure regarding the Kuokuang Petrochemical development project, to nominating a controversial judge for Grand Judge candidacy, to his flip-flop in Farmer's annuity pay by greatly topping it up after vehemently opposing any increase, his lack of a core value and his weather-vane personality were fully on display. The accusation of him governing by reading newspapers is not at all unjust. I've written to criticize his habit of taking "public perception" to heart. Without one's own perception and conscientious guidance and with the sole focus on how the mass media opine, how can one lead the country properly?

In recent years, I haven't agreed with many key policies [of Ma]

Take "1992 consensus" as example: Everyone knows that, by it, Beijing means something totally different from what the Ma administration claims. Therefore, it is very unethical [or "immoral"] and wrong for Ma to use [the so-called] "1992 consensus" to threaten the Taiwanese people. The Ma government applies a trick well. It is using Chinese Communists to threaten the Taiwanese and using Taiwan Independence to threaten Beijing; somewhere in-between he finds his pork chops.

As far as I know, Beijing has become aware of it. If Tsai Ing-wen wins the election, will Beijing really do anything to Taiwan? I would say that Beijing will get a headache for a while but won't do anything particular. Beijing is in fact prepared to deal with a DPP government, in order to win the heart of the Taiwanese people anew. That Ma administration uses Beijing to threaten the Taiwanese is an attempt to create a currently non-existent hatred between Beijing and the Taiwanese. I don't buy [the threat], neither do the Taiwanese.

Take ECFA as [another] example: I have been opposing it from the start. Some politicians [in the Ma government] and [KMT] legislators were unleashed to bark and scorn at me for that. I don't oppose any trading and economic relationship between the two sides [of Taiwan Strait], but [in the process,] Taiwan needs to have its own economic policy. South Korea, for instance, trades with Mainland [China] at US$220 billions [a year]. Had South Korea been more willing, the commerce could easily go up to US$500 billions [a year]. But, South Korea understands the importance of having its own [economic] strategy. After assuming the presidency, Lee Myung-bak undertook to upgrade South Korean industry; Samsung, Hyundai and Kia have become world class enterprises.

In contract, the Ma administration, which commenced about at the same time as Lee's, totally is incapable of any initiative in this regard. Taiwan has become too dependent on the market of Mainland [China], Taiwan's industry continues to hollow, employment conditions and opportunities deteriorate acceleratedly. The economic performance of the Ma government indeed pre-requires the loss of the
Taiwanese people's interest.

Taiwan needs economic transformation. As the Nobel laureate [in economic science] Douglass North pointed out, a transformation requires a very strong intentionality, which includes an integration of knowledge and a drive to achieve. In this regard, the Ma government has done nothing, zero. If it were to be given four more years [of governing mandate], the current situation will only continue to worsen.

Two years ago, Prof. Charles HC Kao [a pro-blue professor/businessman] wrote an article titled "Impotence is worse than corruption", it appears to have been a foresight when read today; very suiting to [the name of the magazine] "Global View" [, "Foresight" in Chinese, he publishes].

The Ma government was founded on the case against Chen Shui-bian. As soon as Ma assumed the office, he should have left Chen's case behind and moved forward. It's just that the Chen case is such a convenient [political] ATM that Ma thinks of it whenever a political crisis arises. The keynote of the Ma campaign in this election is still the Chen case. They even use the Chen case to project and shoot in all directions randomly.

The head of a country should concern himself with the [inspiration of a] vision of the country and the people. The current Ma campaign team has only the Chen case to play with, other than using Beijing to threaten the Taiwanese people. The leader [of the country] is in fact a "fear-monger" [in Chinese, it is written; thus read, as "pimp of fear"]. How can people agree [with it]?

The fear-monger lives on twisting facts.

The Western political scientists have recently identified a phenomenon. It is that elected officials, assisted by mass media, have converged to a personality which is to do nothing of foresight, to avoid troubles, to shy away from seeking accomplishment and to act to please the public. Comes election, they immediately assume the role of fear-mongers.

John Dean, who served as White House counsel [under Nixon] and played a key role in [breaking] the Watergate scandal [with his testimony], published a book "Conservatives Without Conscience" two years ago. Dean is a conservative but he insists on the Conscience of Conservatives and was an important critic of [George W.] Bush. Bush often plays fear-monger, especially when campaigning for election; spreading the fear of the Arabs. Dean thinks that fear-mongers aim at twisting facts to create fear for their own gains; in so doing, they twist the direction where the country is going. This was what he most disliked about the Bush administration.

In sum, Taiwan as a country needs a transformation and yet has not been given the chance. Four years have been wasted. The state of sitting in the mud needs to be stopped. Election is the time when a change can be initiated.
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More links.....

"Come into my parlor...."

Monitoring, monitoring, monitoring.... blogging later today. Last couple of days of the semester, election, papers to write. Totally overworked.

What? The election located the day after the last day of the semester at many universities in Taiwan so travel will be nasty today and tomorrow, deterring people from returning home to vote? Nah, it can't be deliberate. Probably just a coincidence.....
WAY COOL: The Taiwan Air Blog has a great post on WWII bombing of Byoritsu Airdrome in Miaoli.
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