The legality of the March referendum

By Li Thian-hok , Feb. 04, 2004

The KMT-PFP alliance has mobilized the pan blue magistrates of counties and cities to boycott the March 20 referendum and is encouraging all voters to abstain from the referendum. The alliance contends that President Chen is abusing Article 17 of the Referendum Law since Taiwan faces no imminent threat to its sovereignty.

Article 17 stipulates that the president can initiate a “defensive referendum” when the nation comes under external threats which may change its sovereignty. Article 17 does not mention the words “imminent threat.” So President Chen is under no obligation to demonstrate that the PLA’s military threat is imminent. Let’s suppose for argument’s sake that imminent threat is implied in the spirit of Article 17. Does the pan blue alliance have a valid complaint? The answer is a resounding No!

China has deployed 500 short-range missiles targeted on Taiwan. There are many more intermediate range missiles and even long-range ballistic missiles which can be launched against Taiwan. These missiles can reach Taiwan in 7 to 12 minutes. PLA jet fighters can attack Taiwan in 10 minutes. And Beijing has announced that China will resort to force if Taiwan were to delay its surrender indefinitely. Thus, China’s military action is a constant, ever-present threat which can be initiated without any advance notice at a time of Beijing’s choosing. Under this circumstance, it is reasonable to say there is an imminent threat to Taiwan’s sovereignty now.

It is inconceivable that the drafter of Article 17 meant that Article 17 cannot be invoked until and after the onset of a military conflict. How can the government conduct a referendum while missiles and bombs are raining down on Taiwan?

The pan blue alliance attempts to boycott the referendum for two reasons. It wants to reduce any spillover effect of the referendum which may benefit President Chen. Another possibility is that the alliance is taking its marching orders from Beijing, which desperately wants to see President Chen’s defeat on March 20.

The March election will decide whether Taiwan manages to retain its freedom or jumps into the abyss of Communist rule. We should all do our utmost to help our compatriots make the right choice.
Jan 01, 2004