Friday, August 13, 2010

Is the State turning the police into thugs?

Police Officers barring entry into the EPA offices at a previous CTSP review meeting: photo courtesy MFCU


Yesterday police manhandled stakeholders that had gathered in opposition to the Central Taiwan Science Park's Phase-3 zone development at the Environmental Protection Administration (EPA) offices in Taipei when they tried to observe an EPA review meeting being held at the EPA offices.

The EPA ignored a Supreme Administrative Court ruling against the EPA's Environmental Impact Assessment (EIA) review of the CTSP Phase-3 zone in Houli, Taichung County in January. Then, last month the Taipei High Administrative Court ruled that construction work at the CTSP's Phase-4 zone in Erlin, Changhua County, had to be stopped until further EIAs were conducted and approved. The EPA has appealed the Taipei High Administrative Court ruling and has allowed companies that had already begun production or were building to continue to do so.

This is not the first time that stakeholders that oppose the expansion project have been barred from attending, left out of or simply not invited to attend review meetings. Many have alleged that the EPA and developers have tried to settle disputes in secret. Certainly, there has been a very worrying lack of transparency in the entire CTSP expansion process.

When the situation arises where the courts have ordered that work stops but the government allows it to go ahead just what are the police expected to do when the people protest? Clearly in this case the police are taking orders from and executing the desires of the present government even if it seems to go against the rule of law. At present there seems to be no questioning of the government's position by senior police officers. The police in Taiwan have a legacy of abuse. During almost four decades of Marshal Law they acted as the enforces of state policy for the autocratic Nationalist regime. Is the Nationalist government once again turning the police into thugs? We certainly hope not.

See Science park hearing sparks clashes in today's Taipei Times.

Also see:
Academics against new Kuokuang plant

Government quick to defend Formosa Plastics in the wake of a second fire

Formosa Plastics on fire again

Taiwan High Administrative Court orders Central Taiwan Science Park to halt all expansion pending a ruling on two lawsuits

The saga of the CTSP Erlin Science Park and the Kuokuang Petrochemical Project

Wu the Kuokuang Petrochemical executive continues to forget he's the Nation's Premier

EPA and NSC appeal High Administrative Court order

Erosion of democracy and freedom Beijing style

Local residents block access to FPG plant

Local residents continue to block access to FPG plant

Government defies the courts with the President's blessing

Isn’t It Time the Legal Community Spoke Up?

Science park development at Houli gets the nod

Photos: EPA gives Phase 3 CTSP the nod even if the courts say no.

Taiwan's rubber stamp EPA

EPA and NSC appeal High Administrative Court order

Last Thursday, the Taiwan Environmental Protection Administration (EPA) said it would abide by the High Administrative Court's order to halt all expansion activities on the Phase 3 Zone Development of the Central Taiwan Science Park but on Monday, they along with the National Science Council, filed several appeals against the Taipei High Administrative Court's ruling on the third and fourth phase expansion of the Central Taiwan Science Park.

To be fair, the EPA and NSC are within reason entitled to a bit of leeway in their interpretation of what 'abide' means but it would appear that their interpretation seems to go way beyond the usual understanding of what the word is said to mean in your handy pocket dictionary.

It therefore came as no surprise that this past week the EPA and NSC have done everything in their power to get around, over and under the Taipei High Administrative Court's ruling while Premier Wu Den-yih strongly voiced his encouragement for the EPA and NSC to ignore the courts.

Exactly what the situation on the ground is at present seems a little sketchy. It appears that the NSC has halted or at least has said it will halt work on infrastructure at the Erlin and Houli sites but they would allow companies that had already begun production or were building to continue. It would seem that the 'powers that be' are once again employing their usual tactic of forging ahead regardless so that by the time the legality of the matter is ruled upon the outcome of the project is a fait accompli.


For comment in the press see:

Wu supports science park on allowing operations

Council suspends expansion work on science park

Ma's misplaced stream of tears

EPA, science park, NSC appeal ruling on park expansion


Also see:
Academics against new Kuokuang plant

Government quick to defend Formosa Plastics in the wake of a second fire

Formosa Plastics on fire again

Taiwan High Administrative Court orders Central Taiwan Science Park to halt all expansion pending a ruling on two lawsuits

The saga of the CTSP Erlin Science Park and the Kuokuang Petrochemical Project

Wu the Kuokuang Petrochemical executive continues to forget he's the Nation's Premier

Is the State turning the police into thugs?

Local residents block access to FPG plant

Local residents continue to block access to FPG plant

Government defies the courts with the President's blessing

Plans to buy another 800 hectares of wetlands to save pink dolphin habitat and to protect threatened birds and marine life

Isn’t It Time the Legal Community Spoke Up?

Science park development at Houli gets the nod

Taiwan's rubber stamp EPA

Shen's latest EPA green gimmick

Friday, August 6, 2010

EPA to abide by court ruling on science park but....

The Taiwan Environmental Protection Administration (EPA) yesterday said they would abide by the High Administrative Court's order to halt all expansion activities on the Phase 3 Zone Development of the Central Taiwan Science Park, but then launched into an explanation as to why the court's decision was wrong and warned of the negative consequences of the court's decision.

Yeh Jiunn-horng, ­director-general of the EPA's planning department, tried to explain the EPA's position by using this analogy "Like a housing project that passes an impact assessment and the developer begins construction...Three years later, the environmental impact assessment becomes invalid, the building becomes illegal and all the tenants have to move out. More cases like this will happen. I can assure you that the Central Taiwan Science Park would not be the only one."

Yeh Jiunn-horng's comments tend to highlight the fact that the EPA seems more concerned with facilitating so-called "development" projects on behalf of large corporations than fulfilling its mandate of protecting Taiwan's environment.

With the legacy of a one party dictatorship and almost 40 years of marshal law, many of Taiwan's government departments have a legacy of being nothing more than rubber stamp bodies for the cabinet. Certainly, even the judiciary has been manipulated in the past. However, with the coming of democracy, many within the judiciary have tried to move in the direction of a real independent judiciary. Many within the government don't seem to understand what an independent judiciary is all about and struggle to comprehend that the judiciary isn't just there to do the governments bidding and must rule in favour of the government each time the government demands that is does.

The EPA has been accused of ignoring court rulings and due process. Many projects have gone ahead under extremely dubious legality. The Hushan Reservoir and old Songshan Tobacco Factory projects to name but two. In the case of Hushan, the then EPA Minister even overruled his own environmental impact assessment commission's ruling and allowed construction to go ahead.

The EPA's policy has appeared to many to be one of allowing projects of dubious legality to go ahead so that by the time the courts are able to rule on the issue, the project is a fait accompli. When a project begins under very dubious legality and later the law demands that it is halted the developer and the EPA have no one else but themselves to blame for the losses incurred. These developers know that they are engaged in projects of dubious legality and forge ahead because there is a legacy of being able to get away with it. Lets hope the courts are able to turn the environmentally-devastating Central Taiwan Science Park expansion into a very costly white elephant so that it serves as a very strong warning to unscrupulous corporations, the EPA and those in the government that want to sell out Taiwan's natural environment for a quick buck.

For more comment see:
EPA to "abide" by ruling on science park

Time to review industry policy

No place for groveling or praying in democracy


Also see:
Academics against new Kuokuang plant

Government quick to defend Formosa Plastics in the wake of a second fire

Formosa Plastics on fire again

Taiwan High Administrative Court orders Central Taiwan Science Park to halt all expansion pending a ruling on two lawsuits

The saga of the CTSP Erlin Science Park and the Kuokuang Petrochemical Project

Wu the Kuokuang Petrochemical executive continues to forget he's the Nation's Premier

EPA and NSC appeal High Administrative Court order

Is the State turning the police into thugs?

Government defies the courts with the President's blessing

Isn’t It Time the Legal Community Spoke Up?

Science park development at Houli gets the nod

Photos: EPA gives Phase 3 CTSP the nod even if the courts say no.

Thursday, August 5, 2010

Wu the Kuokuang Petrochemical executive continues to forget he's the Nation's Premier

Premier Wu Den-yih continues on his crusade for the Taiwan petrochemical industry and seems to have totally lost sight of the fact that he is actually the Nation's Premier. On Friday, while commenting on the Formosa Plastic's fires, President Ma Ying-jeou's cited the Basic Environmental Act, which states that environmental protection should be the priority if any economic or technological developments cause damage to the environment. Ma then then went on to say his administration would handle related issues by adhering to the act. Yet, yesterday, the Nation's Premier was once again undermining the authority and independence of the Judiciary and calling the competence of the courts into question. In so doing, is he also not actually undermining the office of his boss, the President?

Premier Wu Den-yih. These days he seems to behave more like a Kuokuang Petrochemical executive than the nation's premier: photo Wikimedia commons.



The Basic Environmental Act clearly states that environmental protection should be the priority if any economic or technological developments cause damage to the environment. It is beyond a shadow of doubt that the expansion of the Central Taiwan Science Park is going to have a massive and irreversible impact on the environment of western Taiwan. Kuokuang's carbon dioxide emissions are expected to be around 12 million tonnes per annum according to the developers. Independent civic groups have shown that the real figure could be as high as 33 million tonnes. If the planned Kuokuang and Formosa Plastics development (8.3 million tonnes) go ahead it will increase Taiwan's carbon dioxide emissions by a huge 16% (based on the Taiwan's 2008 total carbon dioxide emissions). That's at the minimum. If projected figures from civic groups are used the total could be a shocking increase somewhere between 20-30%.

As the leaders of the nations of our planet focus on trying to reduce emissions the Taiwan Premier is on a mission to dramatically increase Taiwan's. Such actions can only be seen as defying global responsibility and totally out of touch with reality. Wu's attitude is one of absolute arrogance and his actions are immoral and irresponsible, if not even possibly criminal.

While the entire planet is being forced to cut back on emissions, does Wu not comprehend that if Taiwan dramatically increases its emissions this could well lead to punitive actions against Taiwan? Wu, by his own actions, is showing that he will stop at nothing to try satisfy the desires of the petrochemical industry. He will use forced land seizures to get the land needed. He has no problem driving farmers and villages off their land. He will destroy the livelihoods of fishing communities along the coast. He shows no regard for increasing cancer rates and the environment. Even designated important wetlands, like the the Dacheng Wetland an internationally listed Important Bird Area must just give way to the his brand of development. The likely resulting extinction of the critically endangered Taiwan pink dolphins isn't of concern when a quick buck can be made. Wu has shown nothing but contempt for the independence of the judiciary. He seems to believe that the Environmental Protection Administration is there to ensure that environmental issues don't get in the way of the petrochemical industry's expansion. He shows no respect to the nation's leading academics who have sent a strong message saying that Kuokuang is a bad idea. Wu seems to be leading the appeal against the High Administrative Court's decision. Does Wu believe the office of Premier puts him above the law. Wu really seems to have forgotten he is Taiwan's Premier. It really is time for President Ma to act against his wayward subordinate.

For more, see Wu backs appeal on science park.

Also see the following Taipei Times articles:
EDITORIAL : Environment trumps development

Recent land grabs just an echo of past actions

Kuokuang to shift to gas to salvage US$19bn plan

For more on the Pink Dolphin Blog see:

Also see:
Academics against new Kuokuang plant

Government quick to defend Formosa Plastics in the wake of a second fire

Formosa Plastics on fire again

Taiwan High Administrative Court orders Central Taiwan Science Park to halt all expansion pending a ruling on two lawsuits

The saga of the CTSP Erlin Science Park and the Kuokuang Petrochemical Project

EPA to abide by court ruling on science park but....

EPA and NSC appeal High Administrative Court order

Is the State turning the police into thugs?

Erosion of law, democracy and freedom Beijing style

Local residents block access to FPG plant

Local residents continue to block access to FPG plant

Government defies the courts with the President's blessing

Plans to buy another 800 hectares of wetlands to save pink dolphin habitat and to protect threatened birds and marine life

Isn’t It Time the Legal Community Spoke Up?

Science park development at Houli gets the nod

Wu going soft on Formosa?

Taiwan's rubber stamp EPA

Wednesday, August 4, 2010

Press conference: Year End Elections: First Wave of Green Party Candidates

We've just been sent a press release from the Taiwan Green Party. We'll be interested to hear what their candidates have to say amidst the mudslinging contest between the two major parties; the DPP and KMT. Here's the press release and we'll let you know shortly what the Green Party candidates have to say.



“Give Blue and Green Back to the Skies and Earth; Take Back Politics for the People”

Time: 1400-1500 pm 4 August 2010
Place: Taipei Artists Village No 7 Beiping E Rd (corner of Tianjing Road)

With the year-end elections in Taiwan’s five special municipalities we once again face prospects of the same scorched earth that we were left with after the 2008 mudslinging exercise by the two major political parties.

This time, the candidates put forth by the Chinese Nationalist Party (KMT) and the Democratic Progressive Party (DPP) are little more than pawns for their respective mayoral candidates and we can expect a continuation of their fiddling while Taipei burns if they are elected again.

The Green Party asks: When will politics get back to being a means for helping the people rather than a means for helping the politicos?

This afternoon we are pleased to announce the first group of Green Party candidates for the year end elections and will also be laying out our policy and procedure for seeking other candidates to join us in the important election activities.

Also attending the press conference are children and companions of the candidates.
Please come and join us and get to know the candidates and the Green Party. Refreshments will be served.

Taipei City District 2 (Neihu, Nangang) LEE Ying-hsuan 25, Soochow University Masters Student

Taipei City District 3 (Sungshan, Sinyi) PAN Hansheng 40, Co-convenor of the Green Party Taiwan

Taipei City District 6 (Da An, Wunshan) CHANG Honglin 39, Secretary General of the Green Party Taiwan

New Taipei City District 1 (Tamshui, Bali, Shimen, Sanjhih) WANG Chongming 31, Tanshui Bring the Youth Back Community Development Association

Contact: Green Party Co-convener PAN Hansheng 0935-295815, Secretary General CHANG Honglin 0936-047168

綠黨五都市議員選舉第一波提名記者會
把藍綠還給天地,讓政治回歸生活

時間:2010年8月4日(三) 下午2點~3點
地點:台北國際藝術村 幽竹廳 (北平東路7號,天津街口)

五都選舉又變成國、民兩黨的總統選舉前哨戰,「藍」天「綠」地又將變成一片焦土,而兩黨市議員候選人總是市長候選人的馬前卒,選後的議會勢必繼續延燒,政治如何回到改善人民生活的初衷呢?

綠黨將公布第一批市議員參選人,及公開徵求候選人條件與作法。
參選人的孩子、伴侶動物、愛人同志也將出席記者會與大家認識。

現場備有簡單茶點,台北國際藝術村的環境,也適合記者朋友與參選人的團隊更深入的互動與瞭解。

歡迎蒞臨採訪!

第一波提名參選人:
台北市第二選區(內湖、南港) 李盈萱 25歲 東吳人權所碩士生
台北市第三選區(松山、信義) 潘翰聲 40歲 綠黨召集人
台北市第六選區(大安、文山) 張宏林 39歲 綠黨秘書長
新北市第一選區(淡水、八里、石門、三芝) 王鐘銘 31歲

新聞聯絡:
綠黨 02-2392-0508 召集人 潘翰聲0935-295815 秘書長 張宏林0936-047168

Academics against new Kuokuang plant

Yesterday, former Academia Sinica president Lee Yuan-tseh spoke out against a Kuokuang Petrochemical project saying "the nation would head in the wrong direction if the plant were to be built."

The appeal by Lee to cancel the Kuokuang Petrochemical project was endorsed by 18 Academia Sinica members as well as 1173 university professors in Taiwan and the United States.

Since Friday's High Administrative Court order that the Central Taiwan Science Park (CTSP) halt all expansion activities pending a ruling on two ongoing lawsuits the petrochemical industry has been howling like the spoiled child it is making claims that "Taiwan may be the only country in the world where national policy can be so easily overturned," "investors could be scared away," and "the country's competitive edge may be negatively impacted." It seems that it is beyond the comprehension of the petrochemical industry that perhaps the people of Taiwan have had enough of soaring cancer rates, toxic rivers and countryside, grey smog-filled skies, seized farmlands and unscrupulous greedy business executives; and that sacrificing the environment and their traditional way of life for a bunch of corporations to make an unsustainable quick buck just isn't worth it.

The Government was once again showing signs that it was likely to once again just ignore a high court ruling. Premier Wu Den-yih said yesterday that "businesses located in the third-stage expansion project at Central Taiwan Science Park in Houli would not be affected by Friday's ruling." Yet court made it clear that both production and further development in Houli must be suspended. Wu then showed nothing short of blatant contempt for the nation's legal system by calling into question the High Administrative Court judges' professionalism saying there was a possibility the judges did not fully understand issues related to environmental impact assessments.

One has to wonder just what Premier Wu is up to, considering that on Friday while commenting on the second Formosa fire, President Ma Ying-jeou cited the Basic Environmental Act which states that environmental protection should be the priority if any economic or technological developments cause damage to the environment. Ma went on to stress that his administration would handle related issues by adhering to the act.

Wu seems to have lost sight of the fact that he is the nation's premier and not the ambassador for Taiwan's petrochemical industry. With seizing land, telling corporations to ignore court rulings, questioning the competence of judges, telling pink dolphins to just make a turn, seemingly ignoring the policy of the president to put the environment first when economic or technological developments cause damage to the environment. Does Wu think he's above both the president and judiciary?

For more on the Kuokuang Project see Academics speak out against new Kuokuang plant.

Other articles:
Petrochemical firms levy heavy toll

Farmers and food safety at risk

Taipei Times EDITORIAL : Government lacks compassion

Wu denies forcing victims to relocate

Wu backtracks on relocation

AU Optronics says plans under threat


Also see:
Government quick to defend Formosa Plastics in the wake of a second fire

Formosa Plastics on fire again

Taiwan High Administrative Court orders Central Taiwan Science Park to halt all expansion pending a ruling on two lawsuits

Wu the Kuokuang Petrochemical executive continues to forget he's the Nation's Premier

EPA to abide by court ruling on science park but....

EPA and NSC appeal High Administrative Court order

Is the State turning the police into thugs?

Government defies the courts with the President's blessing

Plans to buy another 800 hectares of wetlands to save pink dolphin habitat and to protect threatened birds and marine life

Isn’t It Time the Legal Community Spoke Up?

Science park development at Houli gets the nod

Yet another FPG related fire

Tuesday, August 3, 2010

Candidates - No fallout from Formosa fire in Sinbei elections

Both the KMT and DPP candidates in the Taipei County elections denied that the government's handling of the pollution from the Formosa fire in Yunlin County would sway the more than half a million Taipei County voters from the largely agricultural county.

Ma's KMT Government has come under mounting pressure in recent weeks for its pro petrochemical industry policies in the wake of land seizures to clear the way for industrial expansion and pollution problems after two fires at the Formosa Plastics Plant in Mailiao, Yunlin County.

The opposition DPP has been quick to criticize the petrochemical industry following the second Formosa fire in a month. However, we remember well that when the DPP were in power they too chose to snuggle up to the petrochemical giants and do their bidding. With both camps in the Taipei County race having had ties to the petrochemical industry is their denial that the Formosa fire would sway voters more of a statement to say "let's not go there?"

See Tsai, Chu don't see fallout from Yunlin fire in the Taipei Times.