2024/05/17

Taiwan Today

Taiwan Review

Jurisdictional Battles

August 01, 1988
The Penghu Cultural Center—one attempt by local government to reduce the development gap between different island areas.
The forerunner of the Taiwan Provincial Assembly was established on May 1, 1946, as the Taiwan Provincial People's Political Council. Two reorganizations later, on June 24, 1959, the Assembly assumed its present form and name. Its members are elected by popular vote in the 16 counties and five cities under provincial jurisdiction. The cities of Taipei and Kaohsiung, which have been raised to special municipality status and are under the direct jurisdiction of the Executive Yuan, are not included in provincial elections.

The Assembly originally met in Taipei; it moved to Wufeng in Taichung County, however, when the Taiwan Provincial Government (TPG) was relocated to Chunghsing New Village in Nantou County, just a short distance away.

The current presiding officer of the Taiwan Provincial Assembly is Kao Yu-jen, who was elected speaker of the 7th Assembly in 1981 and re-elected four years later for the current 8th Assembly. After taking a bachelor's degree in law at National Taiwan University and doing advanced research at National Tokyo University's Institute for Public Law and at the East-West Center in Hawaii, Kao went through a varied career prior to his election to the Provincial Assembly: judge, diplomat, lawyer, Tainan County magistrate, director of the Kuomintang Central Committee's secretariat, and commissioner of the TPG's Department of Civil Affairs. At present, he also serves as a member of the Kuomintang's Central Standing Committee.

Taking time out from his hectic schedule during the current session of the Assembly, Speaker Kao talked with the FCR about the system of local self-government in Taiwan and the function of the Taiwan Provincial Assembly in that system. Excerpts from the interview follow:

FCR: Speaker Kao, Taiwan's system of local self-government has been in effect for over three decades now. Would you share your views on the overall performance of that system?

Kao: Local self-government in Taiwan serves as a solid cornerstone for democratization and constitutional rule in the Republic of China. Without it, the ROC would not have been able to make such great strides toward democracy. Even the special municipalities of Taipei and Kaohsiung laid the foundation for democracy during the period when they were under provincial jurisdiction.

When the ROC government moved to Taiwan in 1949 because of the Communist takeover of the mainland, it was faced with diplomatic isolation and political instability. But it did not set up a strict military rule; instead, in 1950 it instituted the "Outline for Implementation of Local Self-Government in Taiwan Province" to provide for the direct election of city mayors and county magistrates, and for the establishment of city and county assemblies. This was a powerful indication of the government's determination to develop democracy here.

In addition, the government has made great efforts and achieved great success in developing a fertile environment for the growth of democracy by increasing national income, distributing wealth evenly, and upgrading education. This has led to a strong political maturity, as shown by the smooth and peaceful transfer of power after the late President Chiang Ching-kuo passed away on January 13 this year.

We've recently been disturbed by street protests, but I think they're no more than growing pains that our society is suffering on the road to democratization. The advanced Western countries spent centuries consolidating their democratic systems. When we look at other developing areas such as Korea, the Philippines, and Latin American countries, we can be proud of our steady progress toward democracy.

FCR: How are relations between the Assembly and the Taiwan Provincial Government?

Kao: Relations between a representative body and an administrative organ should be neither completely harmonious nor wholly antagonistic.

The Assembly represents the people's interests, while the government has administrative authority. The function of the Assembly is to collect and crystallize public opinion so that it can be translated into government policy. And, as the government carries out policy, it is the job of the Assembly to keep a watch on it with the public benefit in mind.

During my seven years as speaker, I think that the Assembly has shared a healthy and rational relationship with the Provincial Government. Through intense debates and discussions, the two bodies usually meet each other halfway and reach compromises that are in the best interest of the majority.

FCR: What is the role of the Assembly in acting as a bridge between representative bodies at the central government level—the Legislative Yuan and the Control Yuan—and those at the lower levels?

Kao: Our governmental framework consists of four levels—central, provincial, county/city, and township/town—and the provincial level plays a major role as a bridge between the central and local levels. I hope that the central government and the central-level representative bodies will concentrate on national affairs, defense, and diplomacy, and leave local affairs to the Provincial Government and the Assembly. In other words, a clear line should be drawn between governmental authority at the central and local levels.

FCR: Why have there been such strong suggestions for legalizing the system of local self-government in Taiwan?

Kao: The "General Rules for Provincial, City, and County Self-Government," instituted in 1947 as the constitutional basis for local self-government in the 35 provinces then under the control of the ROC government, were suspended after the communist takeover of the mainland. The Provincial Government and the Assembly currently operate on the authority of administrative decrees issued by the Executive Yuan; that's insufficient for an institution with an annual budget of US$1.7 billion and an employee force of 200,000, and for a representative agency answerable to 15 million voters. So local self-government here should obviously be put on a legal basis, although the proper way to do that is still open to discussion.

Some people have advocated implementation of the "General Rules for Provincial, City, and County Self-Government," but the Executive Yuan has chosen to adopt a separate "Organic Law of the Taiwan Provincial Government" applicable to this province alone. This proposal was passed by the Executive Yuan on April 28, and is now awaiting consideration by the Legislative Yuan.

FCR: The Executive Yuan recently passed a proposal to make its appointments to the governorship of Taiwan province subject to approval by the Provincial Assembly. How do you feel about this?

Kao: According to the ROC Constitution, which was promulgated in 1947 when the national government had control over 35 provinces, a provincial governor must be elected by popular vote within his province. But since the area under the government's control is now almost identical with that of Taiwan province alone, a governor elected this way would likely have more popular support than the President, who is elected by some 900 national assemblymen alone. This would likely give rise to political crises, especially if the president and the governor disagreed on key policies or even party lines. That's a risk that we can't afford to take at the present time, and that's why the Executive Yuan has proposed the alternative method of giving the Provincial Assembly the right to approve a governor nominated by the President.

FCR: Forty members of the Provincial Assembly recently signed a petition that Taiwan be divided into five provinces and two special municipalities. What was the purpose of this?

Kao: That again aimed at the election of the governor. The purpose of the petition was to make the popular election of governors feasible and reduce concerns that the governor would be more popular than the president. Actually, we evaluated the possibility of readjusting administrative regions when I was commissioner of the TPG's Department of Civil Affairs 10 years ago. The conclusion was that it was necessary to maintain the existing four-level system.

Nevertheless, the present division of administrative regions has led to uneven development. For example, the special municipality of Taipei, with a population of 2.65 million, has an annual budget of US$2.5 billion; the surrounding Taipei county, with 2.8 million residents, gets only US$0.6 billion. Taipei City's budget for education alone is almost equal to the total budget of Taipei county. This, of course, causes dissatisfaction.

The Japanese rearranged Taiwan's administrative regions seven times during their 50-year occupation of the island, although in those days there was relatively little change in the local society. During the past four decades, despite rapid change, little readjustment has been made. So I think it's about time to give this matter more serious consideration.

FCR: A considerable number of social disturbances, such as protest demonstrations by farmers and workers, have occurred since the Emergency Decree that activated martial law was lifted last July. What can the Provincial Assembly do about this?

Kao: As representatives of the 15 million people of Taiwan province, the 77 members of the Assembly naturally have a duty to speak for the island's voters and interest groups. Though disputes are unavoidable, the art of democracy lies in rational discussion and compromise aimed at protection of the best interests of the majority.

FCR: What do you think should be given priority in future provincial development?

Kao: My personal viewpoint is that five areas should be given special attention. First, since the lion's share of our agricultural, fishery, and forestry resources come under the jurisdiction of Taiwan province, we should take care to manage them properly. Second, great caution should be exercised in handling labor affairs and labor-capital relations. Third, since Taiwan has few natural resources and development depends heavily on a well-educated work force, educational facilities and teacher quality should be upgraded and the gap between urban and rural schools should be narrowed. Fourth, the developmental gap between different areas of the island should be minimized so as to promote a more even distribution of social welfare. And fifth, there should be an overall evaluation of province-owned enterprises, such as banking and transportation, with the aim of improving service and efficiency.

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Background: Taiwan Province

History:

Taiwan has close historical and cultural ties with mainland China. Fossils discovered in archeological excavations in western Taiwan and Penghu (the Pescadores) demonstrate the islands were physically connected with the mainland in prehistoric times. Ethnologically, the aborigines of Taiwan came from the ancient Miao stock of southern China.

The first Chinese attempt to open up Taiwan was recorded in the History of the Three Kingdoms, showing that the Kingdom of Wu dispatched a 10,000-man expeditionary force to explore Taiwan in A.D. 239.

Chinese settlement of Taiwan initiated in the 12th Century, but not until the 17th century did large groups of Chinese begin to cross the Taiwan Straits. By 1624, when the Dutch invaded the island, the Chinese settlers were estimated at around 30,000.

Two years after the arrival of the Dutch, the Spanish landed at Keelung and occupied coastal areas in the north. They were driven out by the Dutch in 1641.

In 1661, Cheng Cheng-kung of the Ming dynasty, known to the West as Koxinga, recaptured Taiwan from the Dutch, and the island soon had a Chinese majority in its population. The Manchus conquered the island in 1683 and the next year made it a prefecture of Fukien Province. For the next two centuries, the island was a destination for emigrants from the provinces of Fukien and Kwangtung.

Taiwan became a province of China in 1886. At the conclusion of the first Sino-Japanese War in 1895, Taiwan was ceded to Japan, and was not restored to the Republic of China until World War II ended in 1945. Since then, it has been administered as one of the provinces of the Republic of China.

Due to the Communist takeover of the Chinese mainland in 1949, the ROC government withdrew to Taiwan and defended the island against the Communists.

Geography:

With an area of 36,000 sq km, Taiwan is the smallest province of China and a major territory currently under the control of the ROC. Off the eastern coast of Asia lie the mountainous island arcs of the western Pacific. The island chain closest to the continent marks the edge of the Asiatic continental shelf. Taiwan, one of the islands of this chain, is the largest between Japan and the Philippines.

The island straddles the Tropic of Cancer, and is shaped like a tobacco leaf. It is 377 km long and 142 km broad at its widest point. It is separated from Fukien Province on the Chinese mainland by the Taiwan Straits.

Population:

Known for its dense population, the Taiwan area had a total population of 19,585,700 as of August 1987. The population density of Taiwan reached 544 persons per sq km, topping all other countries in the world except Bangladesh.

Local Self-Government:

Under the ROC Constitution, each province, county, and city enjoys local self-government. In 1951, the central government set up a local self-government system for Taiwan Province. All members of the provincial assembly and of city and county councils, magistrates, mayors, and chiefs of townships are elected by universal, equal direct suffrage and secret ballot.

Taipei became a special municipality under the direct jurisdiction of the Executive Yuan in 1967, and Kaohsiung was elevated to the same status in 1979. Currently under Taiwan Province are 16 counties and five cities. Each county has a county government and a county council, and each city a city government and a city council. Counties and cities are divided into hsiang (rural townships) and chen (urban townships), with each one having an office and a representative group.

The Taiwan Provincial Government was established in May 1947 as the highest administrative organ of the province. The Taiwan Provincial Government Council is its policy-making body, consisting of 23 members selected by the Executive Yuan and appointed by the President. The provincial governor is ex officio Chairman.

In addition to a secretariat, there are 16 departments, two bureaus and a police administration under the Taiwan Provincial Government to handle areas including civil affairs, finance, education, reconstruction, agriculture and forestry, social affairs, communications, information, conscription, personnel, land, health, budgets, labor affairs, environmental protection, and accounting and statistics.

The Taiwan Provincial People's Political Council was established in May 1946 and later reorganized into the Taiwan Provisional Provincial Assembly at the end of 1951, which was again changed into the current Taiwan Provincial Assembly in June 1959 as the highest representative body of Taiwan.

Members of the assembly are elected by citizens of all 16 counties and five cities for a 4-year term. A speaker and a deputy speaker are elected from the members, and six committees process proposals and motions.

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