Showing posts with label legislative_yuan. Show all posts
Showing posts with label legislative_yuan. Show all posts

Wednesday, January 22, 2025

Has the KMT actually gone insane? (Unfortunately not -- they're just the same old evil)

國破山河在


I have a hankering to learn the oud. 

I don't know if it has to be an oud exactly. I'd be perfectly happy with a saz or a kanun. I might even be persuaded in the general direction of a kamancha.

This desire flickers persistently, blinking in and out of my sightline -- rather like my ability to write anything at all, or an unsatisfying situationship where one person repeatedly fails to commit, but also won't stop texting "u up" at the most inconvenient times. It is resistant to any attempt at reasoning: you're in Taiwan, who the fuck is going to teach you the oud, you dumb idiot? Why don't you learn the erhu, guzhang or pipa? 

No, it has to be the oud. Or perhaps the kanun.

When I eventually get my heart's (current) wish, which is to spend three months working remotely from Yerevan in the mornings and practicing Armenian every afternoon, I will budget sufficient funds to buy one of these instruments and take lessons. I doubt I'll ever be any good, but I'll have taken a step. 

All this to say, I've had trouble paying attention to life in general, and to current affairs in particular. I'm still writing -- for pay, these days -- but otherwise I now require anxiety medication almost daily just to function. We're talking basic things: eating, sleeping, showering, deciding to do a thing and then successfully doing that thing. I'm not depressed, I'm just deeply anxious about, y'know, the usual. World War III, China annexing Taiwan, some of my friends having their existence outlawed in the country of my birth, a return to misogyny and fascism. 

Maybe if I can get my act together and save up enough money to do this Armenia thing, I'll feel perhaps an iota better. I'd like to do this before Armenia becomes yet another war zone as Russia ceases to pull the reins on Azerbaijan.

But it's important, I think, to one-foot-in-front-of-the-other it through the occasional blog post, even if it's in my own voice and a bit rambly. I can't or won't write like a journalist; that's on account of who I am as a person.

So let's talk about another thing making me anxious, the KMFT (the 國民-fucking-黨). 

If you're reading this, you probably don't need to be reminded about the KMFT's fuckshittery since winning a plurality in the legislature. But let's take a quick review, so we may gasp at the full horror of who they always were.

If you already know the story, you can skip the recap. If you don't, allow me to make the case that the KMFT isn't insane -- their actions over the past few years are too deliberate and line up with too much of their post-democratization history. They're not even off-kilter. They're actually just evil. 

Before the protests even kicked off, they were meeting with Chinese officials and sending classified information to the Chinese government.

Then, they tried to enact a garbage barge of legislation -- essentially giving themselves the authority of not just the legislature, but the judiciary and Control Yuan as well. I do mean judiciary: their attempt to make it possible to call anyone in for questioning, official, military or civilian, and then punish them with fines for "lying", not giving full information or refusing to answer is a kind of judicial power. After all, who decides what's a lie? 

This was so blatantly unconstitutional that the constitutional court very quickly overturned most of it. 

There's more to what they passed than this, but the whole "we can question anyone and punish them if we, not a judge, decide they are lying" thing will come up again. 

It wasn't hard to predict that their next target would be the constitutional court itself. Around Christmas, they rejected all of President Lai's judicial nominees, assuring that the constitutional court would not have a full complement of judges. This was a direct rebuttal to the court -- which, again, upholds the constitution -- telling the legislature that they had been a bunch of very naughty children.

Sex pest and convicted criminal Fu Kun-chi (傅崐萁), who is somehow also a KMFT legislator, said the court "castrated" the legislature. Yes, that's what should happen when you try to give yourself more or less unchecked power not granted in your own country's constitution. I only wish this phrasing described a more literal outcome for Fu. 

Protests started up again when the legislature later passed another dookie of questionable legislation, the scariest among these being a change to the proceedings of the constitutional court (the one that had just told them they weren't allowed to give themselves the largest share of power in the government), rendering said court non-functional.

To quote Kharis Templeman

The second [of these pieces of legislation] required the Constitutional Court to have a 2/3 quorum to hear constitutional cases and imposed a supermajority threshold to invalidate a law....

Four days later, the same opposition majority in the legislature voted down all seven of President Lai’s nominees to the Constitutional Court, leaving it with only eight justices and unable to meet the new quorum requirement for hearing a case. It is now effectively paralyzed [emphasis mine]. The DPP government has nevertheless requested that the court meet and rule anyway on whether the amendments to the Constitutional Court Act are themselves unconstitutional. This increasingly destructive partisan political conflict has put Taiwan on the brink of a constitutional crisis with no obvious way to resolve it. 


Templeman says this is the "brink" of a constitutional crisis. I would say that if the court is unable to rule on a law that paralyzes it, then we're already in one

Since then, the KMFT and their buddies, the TPP (led by a duo consisting of an alleged criminal narcissist and a boring workaday narcissist) have slashed budgets, including proposals that would all but obliterate defense spending and funding for government bodies that deal with the one country that necessitates Taiwan having a large defense budget in the first place.

One of these freezes includes half of the budget for building and maintaining Taiwan's defensive submarine program. You know, the same submarine program that KMFT legislator and overt traitor Ma Wen-chun (馬文君) undermined by selling its secrets to China. 

We can deduce from this not only that the KMFT wants to cripple Taiwan's ability to defend itself, but also that the indigenous submarine program is critical -- and China knows it. In fact, I wonder who exactly is telling the KMFT to target Taiwan's indigenous submarine development budget?

Oh wait no nevermind, I don't wonder. It's China. 

The KMFT calls all this "eliminating waste" or stopping "fat cats", or worse -- claiming the DPP is using the budget to fund "cyberwarriors" and "political manipulation".

But not only is the Taiwanese government actually rather efficient with its budget (much of the time anyway), but the biggest cuts seem to be to defense -- the exact thing Taiwan needs more of. I suppose one could point out specific inefficiencies in Taiwan's defense spending: are we really buying the weapons we need? Are we developing the right capabilities? Slashing critical defense funding, however, is not the way to fix this.

Besides, if we look at a timeline of when public opinion began to change compared to when the DPP has historically taken power, we find the shifts precede their successes. The DPP mostly didn't win those first elections in 1996, but public opinion shifted. Lee Teng-hui turned out not to be the politician the KMFT thought he was, but Chen Shui-bian didn't have access to government budgets to "manipulate" his election win in 2000. The country turned toward the Sunflowers and against Ma while the DPP were out of power, unable to use government budgets to manipulate anything. 

You know who did once use government budgets for political propaganda, back when it had absolute power? The KMFT. 

As all this was going on, one of my least favorite legislators, who unfortunately represents my district, announced the KMFT would propose an "honesty" act. 

The fuck is an "honesty act"? Sounds kinda fascist? 

Glad you asked. From the Taipei Times

“The opposition parties strive to safeguard people’s wallets. How can we paralyze the government with just a 3 percent budget cut?” he [Lo Chih-chiang / 羅智強] said, adding that the government was spreading rumors and that officials were lying, because they would not be penalized.

 

It's not a 3% budget cut, and even if it were, you're crippling the country's defenses. That's a big deal. It's part of freedom of expression, a basic human right, to analyze a series of events or set of data and come to different conclusions. To say that only the KMFT's version of events is 'true' and the DPP should be penalized essentially for disagreeing is -- well, it sounds like something Trump or Musk would say, and it's also the sort of thing fascist governments do.

The KMFT is aware of this, seeing as they used to run a fascist dictatorship. They're DARVO kings and have a bevy of experience! 


“Although Constitutional justices protect the right of governmental officials to lie at the legislature, they do not ensure their right to lie about political affairs. We are exploring the possibility of proposing the legislation of the honest government act and lying offenses for officials in the next legislative session. Let the public decide whether the officials are spreading rumors and lying,” Lo said.

The constitutional court did not say the officials have the "right to lie at the legislature". That itself could be considered a lie, although I doubt Lo would agree with me. They said that the legislature doesn't have the right to determine what is or isn't a lie, because they are not judges. If an official's potential or alleged lie, or any other illegal action, is worthy of an investigation by the judiciary or Control Yuan, they can do so.

As for "they do not ensure their right to lie about political affairs", what the everloving hell does that mean? I can't even really parse this statement, because there's no interpretation I can come up with that isn't utter nonsense. Either one lies in a provable way, which may or may not be criminal, or one doesn't, and it's for the courts to decide where appropriate. How does anything being "about political affairs" have any semantic value? 

"Lying offenses for officials" is just another way of re-introducing the exact same legislation the constitutional court already said was unconstitutional. There is no meaningful difference between this and what the KMFT and their lil puppets wanted to force through before they were hit with the spray bottle and told "no". 

"Let the public decide whether the officials are spreading rumors and lying" -- Lo, my dude, do you truly not understand what a "court" is? Courts do this, not "the public". This seems like something a populist would say, or rather, an elite shitbag trying to sound like a populist, which is just a lot of words to describe a fascist. That may sound like a leap, but fascists often use populist rhetoric to further their ultimate goals.

You're not original, Lo Chih-chiang, and you're not smart (I mean it -- your resume is impressive if one admires the sort of work you do, but you are really, really not smart). If you were, you'd hide it better. Or perhaps you should be punished for "lying", as you're lying about the DPP's use of the budget for "political manipulation". 

Maybe you think, Mr. Lo, that you don't have to hide it: a large number of Taiwanese voters appear to support crippling the constitutional court. The public seems less divided on cutting the defense budget -- they generally oppose it -- but it's not clear-cut.

I don't know if they quite understand that this creates the literal definition of a constitutional crisis, or they don't realize that ensuring the court can't meet quorum was intentional. Perhaps it seems 'truthy' that a minority of judges shouldn't be able to render rulings.

During last year's protests, someone I know asked sincerely what was wrong with the legislation that sparked all the anger. They wanted to know why the legislature shouldn't be allowed to question anyone it wanted and punish liars -- it seemed reasonable to them, and on its face, government questioning and punishments for providing false information sound like good things. We had a long talk about issues of legislative overreach and who, exactly, determines what is or isn't a lie. 

This highly-intelligent and otherwise thoughtful person had gotten all of their news from blue-leaning sources and discussions with blue-leaning family. All that intentionality, all those questions of checks and balances or ontological questions regarding the existence objective truth and whether humans are able to perceive it? Never considered. 

This sort of short-circuited thinking is exactly what the KMFT are banking on. Divide and confuse the people, then claim they're on your side and you're on theirs. Pretend the system is not as it is -- with a judiciary and a set of procedures for determining facts and accountability -- but as you'd like it to be. Then, with everyone flustered and exhausted, do whatever the fuck you want, or rather, whatever your CCP overlords order. Act utterly insane, claiming to love a country you are so obviously trying to undermine for selfish, stupid reasons, while convincing a large portion of the electorate that the crises you are creating are in fact saving the country. 

Sound familiar, or familiar-ish? Yeah, thought so. 

As a friend once observed, someone (or several someones) in the KMFT regularly study Republican tactics to figure out how to win elections when their fundamental party principles aren't all that popular among voters, and neither are many of their specific policy objectives. 

You might still be asking why -- why do this to Taiwan? The KMFT has never cared about Taiwan qua Taiwan; they don't tend to hide their belief that they believe the warmth of their white sun shines from China. But aren't the ROC and its constitution supposed to be things they do love -- and which exist only in Taiwan? Even if we accept that many KMFT officials are essentially CCP agents if not outright spies (hi Ma Wen-jun) because they believe it will benefit them personally, wouldn't they at least try to bring about closer relations while upholding the internal workings of the constitution? 

I mean, if they really believed that their ideals -- well, their one ideal, that Taiwan is ultimately a part of China -- were superior to the DPP's, or that the public could be persuaded of this, they would campaign on those ideals. If they really believed that government funds were being used for DPP "political manipulation", they wouldn't be cutting the submarine budget. 

So, okay, that does seem pretty insane. But it's not. 

The KMFT probably does still ultimately believe in a Chinese identity, for themselves (fine, whatever) and for Taiwan, regardless of what the people think (bite me). Somewhere deep down, they would prefer to keep the ROC around. They'd love their dream of re-taking the motherland to be made reality. 

But they're neither stupid nor crazy -- well, some of them are, but not all. They also know that's just not going to happen, so they'll do the other thing the KMFT has always coveted: grab as much power and money for themselves as they possibly can, and screw everyone else. China knows this, and is feeding them general guidelines, and in some cases perhaps specific instructions, on how to implode Taiwanese rule of law and defense capability with the promise of some sort of payday. 

That payday will never come, of course, but they're not smart enough to realize it. Best case, they'll get Real Seymour Skinnered, which in China probably means a trashy villa in some podunk town in, I dunno, Qinghai, with no real power and 'friendly visits' for tea every few years. 




KMT: "But we're heroes! We gave you Taiwan!"
CCP: "And we salute you for it. Now don't come back!"


To be effective CCP minions, they need to cut the constitutional court off at the knees, all while claiming to uphold the constitution. Then they can pass whatever horseshit they want. If this sounds a bit like Republicans blocking Obama's nominees so they could pack the court with sympathizers and then push through whatever they want, well -- again, studying Republican tactics seems to be someone's full-time job down at the KMFT.

I don't think they want a war, either. Not because they care about Taiwan or Taiwanese people, but because it would both adversely affect whatever money and power they hope to squeeze out of the whole situation, and be against the CCP's wishes. China doesn't want a war -- they want Taiwan to be so demoralized, so certain they can't win, that they just give up. 

No, it's worse than that. They don't want Taiwan to simply believe it can't win -- they want it to actually be true, to ensure Taiwan won't try. Annexation without "bloodshed" (at least at first) -- it won't be peace, but they'll call it that.

I told a friend recently that my worry has grown dark and weedy of late, more foreboding than my usual garden-variety dislike of the KMFT. With recalls harder than ever, a bunch of CCP agents and their DUI-hire goons running the legislature, elections years away and the US so unstable that international support is far from guaranteed, China's move to take Taiwan doesn't feel like it could happen in the next four years -- I truly feel that it will

And then I, along with all my friends here, will either be refugees, or dead. 

This friend has a habit of knowing things, and almost always being right about Taiwanese politics. If anything, they're overly conservative: they gave the TPP two years to implode before the Dueling Narcissists wrecked the party's momentum through either rampant corruption or vicious infighting. It took...what, ten months? 

When I said I wasn't just worried in the usual way but genuinely, bone-crushingly scared, all they could say in response was, and I quote: "Same."

You want dark? I've recently been thinking about how my core friends in Taiwan, foreigners and locals alike, will survive as a tribe among the less-radioactive ruins. We have a leader-type (that's me), a permaculture guy, a textile expert, an inter-tribal negotiator fluent in Mandarin, Taiwanese and English who makes restaurant aunties bend to her wishes, a defense fellow, a woman who knows about cars and a man who knows about gadgets. We might survive for a bit.

I'd rather continue to live a nice life in Da'an with my husband, cats and whiskey collection under Legislator Miao Po-ya, but that feels like a dream too far, thanks in no small part to my actual stump-brained legislator.

Maybe that's why I yearn for the oud. Sure, I'm reasonably good at music (except singing, don't ever ask me to sing). I enjoy the arts. I could learn some amazing Armenian folk songs and improve my language ability at the same time. 

But really, as I just want to be anywhere, mentally, but here. 

Saturday, October 26, 2024

The "contempt of the Legislature" battle wasn't a difference of opinion -- the KMT was just wrong


I know this painting at New York's Whitney Museum has a name, but I prefer to call it "Speaker Han" (the photo is mine). 


As an American, I see a lot of re-framing battles over basic rights re-framed as mere "differences of opinion" -- as though the rights and freedoms that are foundational to democracy are as subject to personal interpretation as, say, pizza toppings. I've seen blatant power grabs dismissed as as mundane, non-threatening policy platforms. 

I was similarly dismayed to watch the KMT, handed the eensiest bit of power after eight years lost in the woods, engage in a similar power grab with its attempt to expand legislative powers -- dismayed, but not surprised. This is how the KMT are. It's in their party's DNA to consider themselves the rightful leaders for whom democracy is an annoying inconvenience. 

If you're thinking this is also one of the hallmarks of fascist ideology, well, yes -- it is. 

And yet, as in the US, the KMT's actions garnered a fair amount of defense, as though the majority coalition has the right to a naked power grab simply because they form a majority, and anything they do is just a different policy position. I watched TV news and various commentators deride the DPP for not understanding that they no longer control the legislature, as though they had no reason or right to oppose expanded legislative powers.

As it turns out, the Constitutional Court disagrees: most of the legislature's expanded powers were deemed unconstitutional. 

Here's a quick summary of the ruling: 

The president can give a "State of the Union" address -- which was always a non-binding right the president has had, so no surprise there. It's not typically done, although I've started thinking of the Double Ten speeches as performing a similar function, but it was always a possibility.

However, the legislature can neither compel the president to do so, nor demand a a specific time or date for such an address. They cannot require the president to undergo an immediate question-and-answer session.

Also kept intact was the legislature's right to conduct investigations. However, that was never really in question: in 2004, constitutional interpretation #585 outlined the investigative powers of the Legislative Yuan very clearly -- they have them, when such investigations pertain directly to matters under their purview. 

If the legislature wants to investigate a matter already being investigated by the Control Yuan, they must "enter into negotiations" with the Control Yuan to do so, and cannot interfere with powers given to other branches of government. 

Also thrown out was the idea of "contempt of the Legislature", which would have allowed the legislature to take on judicial powers, punishing anyone it found to be in "contempt" with fines. "Contempt" was poorly-defined, but included refusing to appear, refusing to answer questions (whether or not sensitive information such as matters of national security would be protected was left unclear), providing false answers (with the legislature again taking judicial powers to determine what would constitute a falsehood) or "counter-questioning".

Just about anyone could be called in for questioning, from government officials to military leaders to individuals. In theory, this included everyone in Taiwan. Quite possibly, it gave the legislators the right to drag in anyone they wanted, from TSMC C.C. Wei to a journalist whose writing they don't like, ask a bunch of questions, determine that several answers they didn't like were actually "false" and punish them with massive fines for each individual "falsehood". 

Some might call this interpretation of the law 'fearmongering', but it really was that shoddily written, and the courts clearly agree.

That's all gone now, which means that investigations opened under these expanded powers, such as the egg import "scandal" (there is no scandal) and Mirror Media will likely have to be halted.

I feel kinda bad for people who defended these laws as something within the KMT and TPP's rights, simply because they'd done well in an election, or calling the DPP "authoritarian" for opposing it. You know, as though any law the government passes is ethics-neutral or is acceptable simply because it passed.

If the Constitutional Court says they never had the right to expand legislative powers, then they never had the right. Defending their power grab was foolish -- it amounted to defending unconstitutional actions. Bad look. Not demure, not mindful. 

So, to everyone who insisted the KMT was acting within bounds and not going against the ROC constitution that they claim to hold so dear, I hate to say I told y....oh wait, no I don't. I freakin' love it. I told you so!

The DPP was right to put up a spectacular fight against it. On this matter, they were always right. That they are a legislative minority is irrelevant.

This specific battle seems to have been won, but it's unlikely that the fight is over. Back in September, the KMT began taking aim at the judicial system, first criticizing Lai's judicial appointees. Maybe I'm reading too much into this, but calling judges "thugs" sounded a bit like, "nice branch of government you got there. It'd be a shame if, say, the legislature mucked that up." In other words, "you'd better not find our expanded powers unconstitutional or we'll make life hard for you."

Since July, they've been trying to push through reforms to the constitutional court. This is important because without an executive veto, the primary check on the legislature is that very court. (Meaning criticisms that the executive branch has too much power in Taiwan show a fundamental misunderstanding of how the balancing act works). 

These proposed changes would raise the number needed to reach a decision from half to two-thirds, based on the set number of 15 justices -- not the total number of incumbent justices (the actual number of sitting on the court may vary as judges step down or pass away). This would mean at least ten judges would need to be present to reach a decision, with seven in favor. 

However, seven justices are set to step down soon, and there is no mechanism for temporary appointees or term extensions. New judges are approved by the Legislative Yuan (a process few disagree with). If seven out of fifteen justices are stepping down, that leaves eight, not ten. The constitutional court would at that point be unable to function.

All the legislature has to do is refuse to confirm Lai's judicial nominees, and blammo! The constitutional court cannot issue rulings, and the legislature essentially has no check on its power.

The Judicial Reform Foundation has pointed out that proposing such reforms in the midst of a bruising battle over the legislature expanding its own powers is itself threatening behavior -- if you stop us, we'll bind and gag you

Like Americans who convince themselves that Trump's blatant fascism is just normal campaigning and Project 2025 wouldn't constitute a massive right-wing power grab, those who consider the Legislative Yuan's actions in Taiwan to be a part of normal democratic functioning are, well, deluded. And those who think the DPP are the power-grabbers are just full of themselves.

Thursday, September 5, 2024

This year's Double Ten design is U-G-L-Y and it ain't got no alibi

 


No, not this. This is actually pretty cool -- it came from here -- and I'm in favor. No, no, the 2024 National Day logo looks exactly like a design for the Republic of China, not Taiwan. It's also an aesthetic monstrosity:



IT UGLY.


If you immediately clocked this as a KMT "Chinese identity" throwback, you're absolutely right. Although I did not actively know that the design committee is organized by the Legislative Yuan and chaired by the speaker, I subconsciously inferred it from this absolute blight on the eyeballs. The legislature is currently controlled by the KMT, so even though the DPP is the "ruling party", this looks like something your crotchety grandpa who shouts that you call yourself Taiwanese because "those 太綠班 brainwashed you kids" would wear on a t-shirt he got for free and wore for the next 17 years.

Maybe it's the subliminal messaging from the giant "H" in the center, that some have already compared to the old Han Kuo-yu bomber jackets. 

Maybe it's the return to the ROC-flag inspired blue and red, or the plum blossom that just doesn't seem to be sitting quite right in the center: I can't quite pinpoint why it looks wrong, but I'll offer a few thoughts on that below. Maybe it's the failure to mention Taiwan in Mandarin, referring to it only in English. 

Just kidding --
it's all of these things. And yes, there's been an obvious design shift based on who runs the committee: 



From here


Seriously, it screams "a government committee designed this", which is exactly what happened. As a commenter below pointed out, it's got big Iron Cross energy, though that's probably unintentional. It's giving "we got super fucked up and watched old Practical Audi-Visual Chinese videos all night". It's giving "Taipei is the capital of Chinese Taipei". It's giving "I fed an AI a steady diet of TVBS for six months and then asked it to design a logo."

Actually, while I didn't feed an AI months of TVBS (not even AI deserves that), I did ask it to generate some designs based on the typical parameters for these logos. Perhaps my prompt engineering could be improved as it kept defaulting to circles, not double tens, but here are a few that made me chortle:





AI seems to show a similar level of commitment to the CCP as the KMT does, but remember, AI isn't sentient. Anyway, I think that thicc-bottomed sun in the bottom left is actually a better logo than the one the government actually unveiled. 

As with the KMT, the AI generator likes big suns and it cannot lie:




Also a fan of the retro zero: 




Artificial intelligence creates even simple characters like 十 about as well as a tattoo artist on one of the seedier Jersey Shore boardwalks who misread the dose on his edible. And yet, it still understands the KMT's secret heart: 




...although I'm not sure why it decided that Double Ten needed to imply beeeewwwwbs.

And this one just looks kind of like a stylized butthole, heh heh:





I'll throw in a few more at the end for your amusement.

My favorite part of this isn't the comment about the giant H or that it looks like the Super Mario warp pipes, it's the defensive commentary from the KMT on a design so many people seem to hate. 

I mean, as a Facebook friend commented, beauty is in the eye of the beholder, and perhaps Luftwaffe officers would appreciate the aesthetic. I can think of some dead KMTers with close family ties to the early regime who would love it. But, you know, probably unintentional, right?

Legislative Speaker (barf) Han Kuo-yu called it a "beautiful work" that "carries Taiwan's deepest emotions" -- which is true, if you assume only KMT settlers and their offspring over the age of 60 have emotions.

I also enjoyed this quote: 

Interior Ministry Deputy Minister Wu Tang-an (吳堂安) complimented netizens’ rich imaginations and added that if you look closely, the colors line up with Taiwan’s flag.

He's not wrong exactly, but to see that it imitates the flag, you'd only have to look "closely" if you had glaucoma. 

Wu also said that the theme of 2024's National Day celebrations was "happy birthday to the Republic of China". Okay, but I thought that was the theme every year?

Wu is an absolute comedy machine, by the way. He tied the plum blossom -- a symbol of the KMT, which ran a brutal, deadly suppression campaign for decades under Martial Law -- to "respect for history", and said the blue and red symbolize "different opinions and voices coming together". Sorry dude, but the Republic of China flag that the KMT imposed on Taiwan, which is obvious in the design, isn't known historically for "different opinions and voices". It's known for one voice -- the dictator's -- coming together with his minions and cronies to use the military to disappear, torture and slaughter dissidents. 

According to several sources, the design was created by a team of "passionate young designers". They apparently prefer anonymity, which should surprise no-one. As is common in Taiwan, the committee trotted out "it was designed by a team" to avoid admitting that anyone in particular wasted their parents' money on design school. 

Also, I gotta say, "young designers" created this thing? At some point in my prompt journey I told the AI to make the designs "more retro" and it came up with some ideas that, while very weird, at least looked retro in a cool way. This is the sort of logo you'd see on a mug in your parents' cupboard that you'd immediately donate it to charity. Retro, but it's not a compliment.

Or maybe these designers are indeed "young", if measured on a KMT timescale. You know, the same scale on which Taipei mayor Chiang Wan-an is young (he's 45). 

The thing is, my dislike of the design isn't just because the KMT sucks, the flag is an ugly reminder of a dead dictatorship, and contemporary, democratic Taiwan deserves better than to be forced to swallow a party logo as a national symbol. 

It's also just a bad design. 

I keep looking at that plum blossom, wondering what in the absolute hell is wrong with it. Perhaps the two petals on the bottom and one on top (which is standard) make it look bottom-heavy when it's placed in the middle of that long, slim line. The blue field taken from the ROC flag cutting into the H makes it look off-center, even though I don't think it is. The design lacks balance: this might be the only time I'll ever say that there's too much going on in the left and center, and not enough on the right. 

The whole thing also looks a bit like it's being crushed? Stretching it out on the sides but keepin' it stumpy on the vertical doesn't evoke progress, innovation or the future. It gives "we're trying to expand our influence but are being crushed by the weight of history" -- which I suppose is an apt metaphor for the Republic of China. 

Long 'n Stumpy here also has a certain...je ne sais quoi. Except, oh wait, je very much sais quoi. You could call it Iron Cross, but I'm gonna call call it "I want to take a picture of my junk, but stretch it a bit so it looks normal and less like a chode." 

I'm not sure if the designers wanted the 十十 to look slimmer, or if they were trying to evoke stately columns or...what, but the edges read "serif" and if there's anything that just doesn't work on Chinese characters, even the simplest ones, it's freakin' serifs. 

Personally, although I'm a Century Gothic acolyte, I like a serif in some cases. I enjoy a nice Garamond or Cochin from time to time. I can ride with Baskerville, and if you're looking for something new, Self Modern isn't bad. I don't think they're hopelessly old-fashioned per se. 

But they don't scream "modern and clean graphics" as Wu Tang-an suggests. I see defensive borders, pushing anything new or foreign from the center. Or maybe they're closing ranks, keeping the riff-raff out. A serif is okay in some circumstances, but these absolutely convey the message that the KMT wants you damn kids to get off their lawn. 

That's not even getting into the clunkiness of the design language. It does not evoke. It does not reference. There is no subtle metaphor. It whacks you over the head with a dollar-store baseball bat. It's the difference between the person who references their love of retro sci-fi with hints of chrome and black in their decor, versus the one who hangs a papier-mâché UFO in their living room.

It does not hint at the ROC flag -- there's a literal ROC flag in the motto! Y'know, because the theme is "happy birthday to the Republic of China", which is a totally fresh and innovative theme to have! It's not symbolic of the KMT's Republic of China vision so much as a simple product of it. And I do mean "simple" in the cruelest possible way.

Something about the size, thickness and spacing of the English, compared to the relatively lighter Mandarin is just off. It's too long and fat, which is yet another thing I never thought I'd say. I know that slogans which aren't necessarily sentences sometimes have periods for emphasis, but something about this period feels wrong. Perhaps the phrase is so long that one's brain is tricked into thinking it could be a sentence, but it's not one.

I didn't always love the Double Ten designs created by DPP-led legislative committees. But at the very least they were contemporary. They weren't afraid to look at colors beyond red, white and blue. You could tell someone under the age of 70 had a hand in designing them. With the possible exceptions of 2019 and 2023, if someone gave you a mug featuring one, you might actually keep it. 

That's all I really have to say, so enjoy some more trippy AI designs for "Republic of China National Day". While I like the terrifying birds, the Alien Body Horror Sphere is also rather eye-catching. 








Wednesday, May 29, 2024

The Roach King is now in charge of handling roach infestations




The hilariously unconstitutional expansion of legislative powers has now passed its third reading under the guidance of a hypocrite, an idiot, and a guy who went to jail for corruption. Seriously, this new legislation is the worst game of fuck marry kill one could ever play. 

Honestly, the best thing I can say about caucus Whip Fu Kun-chi is that despite being a sex pest, it's not even the thing he's most famous for. 

So now Fu, a guy so corrupt his name is actually shorthand for corruption -- is now announcing a task force to root out corruption. And there are still KMT and TPP supporters out there who don't see the problem with that. You can be sure, however, that his new "anti-corruption task force" will only target corruption in the DPP. It certainly can't go after corruption in the KMT or TPP, because the guy leading the task force is also one of the most corrupt people in government. We just put King Roach in charge of roach extermination.

Someone asked me today why the KMT would put someone like Fu in a position of power, if he's so awful. My response was "that's an excellent question, you really should consider why the KMT would do that." 

You could say the same for Han Kuo-yu, the presidential nominee who failed so spectacularly that he couldn't even keep his day job as Kaohsiung mayor afterward, who beat up Chen Shui-bian over a misunderstanding and actually killed a guy.

Indeed, why would the KMT elevate men like this? Why would it encourage them to pass sweeping bills extending the legislature's power? There are many possible answers, and none of them look good for the party.


               

And this is why one should be immediately suspicious of legislation meant to "root out corruption": not because taking measures to stop it are inherently bad or useless, but because such initiatives are so often covers for one political group or party to target another. If it reminds you of Xi Jinping's "anti-corruption campaign", which is barely even a cover for destroying anyone who might challenge his reign...it should. The two share very similar goals, and Fu's announcement only cements that. 

The comparison to China is perhaps apt: the DPP have been accusing the KMT and TPP of passing this legislation as a result of collusion with the CCP. I can't prove that the KMT and TPP have been taking direct orders from China on this specific legislation, but dissidents have said that Chinese agents do attempt to undermine Taiwan's democracy, and one even states that China did in fact plan this, or something like it. 





                   


What's more, KMT lawmakers meet with Chinese officials openly and TPP leaders now lean strongly pro-China, no secrecy involved. Fu's recent trip isn't even close to the first one, and senior KMT leaders such as Ma Ying-jeou pretty openly work with the CCP and against Taiwan's interests. 

Frankly, the only reason I wouldn't call that collusion is because that term carries a strong connotation of secrecy or deception. Is it even collusion if they're not trying to hide it? I think the more appropriate term might actually be "treason", but you can be sure that King Roach's new task force isn't going to do anything about that. 

Some might say that the DPP accusing the KMT of collusion with China is baseless; I strongly disagree. I can't say the extent to which such an accusation would hold up in court, but in terms of saying it out loud, there seems to be plenty of evidence. In fact, I'll say it here: although the specific order to pass this specific bill may not have been directly given, the KMT are indeed colluding with the CCP to undermine Taiwan's democracy, and both the DPP and the protesters are smart to see it for what it is. 

Now that I've let out some of my anger about these developments, and I've finally got some free time after the protests, I wanted to look at some of the accusations flying against the DPP. The first is that they proposed the same legislation in the past, so they have no reason to oppose it now. 

                

As with much disinformation, there is a kernel of truth here (the best fake news is often at least partly correct, complete fabrications are less convincing). The DPP did propose legislative reform in the past, and some of their ideas look similar, at least superficially, to what the KMT just passed. 

Here's where critical thinking comes in, to indicate that there might be some disinformation here: if the proposals were exactly the same, then the KMT passing them now implies that they agreed with the core ideas. So why didn't the KMT accept them when the DPP proposed them in 2012? If the DPP wanted this, why didn't they pass it in the eight years they were in power? And if they still want it, why didn't they support the KMT and TPP in passing it now? 

None of that adds up, therefore, there are most likely differences between the 2012 proposals and the current legislation. 

For one, proposals and actual passed legislation are very different things. Proposals are almost by nature imperfect. They undergo discussion and revision and rarely, if ever, make it to law without major changes. Comparing a proposal to a passed law is at its core disingenuous. It's like comparing a clunky rough draft to a published novel. Higher standards must necessarily apply to the latter. 

You can read some of the pertinent documents in a tweet here. Although I can read Mandarin, my government-ese isn't quite sufficient, so I asked a translator friend to double-check (as I don't want to rely on AI tools for this). They do propose formalizing the legislature's investigative power, and do propose punishments for witnesses who lie or fail to appear. However, they do not appear to me to be exactly the same as what has just passed.

An infographic from the DPP outlines the differences between their proposals and the new legislation:



While it would be better to have this from an unbiased source, this is not bad. And this one I can actually read. It compares the DPP's 2012 proposal with the KMT's new slate of laws. 

The DPP proposal: 
- did not mention 'contempt of the Legislature'
- did not mention 'abusive counter-questioning' (these are both called 'vague' legal concepts)
- does not allow for 'continuous penalty'

The KMT-TPP bill: 
- allows the legislature to decide what constitutes 'contempt' or 'counter-questioning'
- allows the legislature to impose multiple penalties (this means they can penalize a witness with fines or jail time for more than one offense during questioning)
- allows the legislature to decide what is and is not punishable

So far, this is true. Nothing I can find from any of the DPP proposals mentions not allowing counter-questioning (although I've struggled to access the legislature's website recently, forbidding counter-questioning has been a major topic of discussion during these protests). 




In fact, I'd go so far as to say this first section is worse than it sounds. If the legislature gets to decide itself what is and isn't "abusive counter-questioning" and "contempt of the Legislature", and can impose consecutive fines or penalties for these, then does each penalized act count as its own case? If you wish to appeal, does each penalty become its own court case that you then have to fight? 

Because that sure seems like an excellent way to  big down people you simply don't like, even if you lose every case. It also sounds like a fantastic reason to fight this bill, and a major deviation from previous proposals. 

The DPP proposal also: 
- limits the existing 'document access rights' to previous judicial interpretations of the scope of the legislature's power (the constitutional court does outline the limits of the legislature's investigative powers, you can read it for yourself)

The KMT law: 
- expands the legislature's ability to subpoena "government agencies, military units, legal persons, groups, relevant persons in society"
- such power constitutionally belongs to the Control Yuan

This too checks out: the new bill does, from my non-lawyer perspective (again, not a lawyer, don't come at me), violate constitutional interpretation #585 above. It does overlap with the Control Yuan's power, and it's no surprise that now the KMT, which pretends to care ever so much about Sun Yat-sen's vision for the ROC government, is now discussing abolishing the Control Yuan.

The Control Yuan has also issued a statement. From Focus Taiwan

In response to the passage of the amendments, the Control Yuan issued a statement stressing that investigative powers are exclusively exercised by the Control Yuan under the Constitution and the expansion of the Legislature's powers violates the separation of powers.

The Control Yuan therefore cannot accept the decision, it said, urging the public to take the issue seriously.

You can read the statement in Mandarin via this tweet.

The KMT has tried to quell rumors that this new law can be used to subpoena just about anyone it wants and then punish them based on, well, vibes. However, that's not what the law actually says -- "relevant persons", "legal persons" -- these basically mean anyone. If you think they mean only government officials, you've gravely misunderstood what has just passed.

                   

The KMT has also tried to insist this is an issue of "balance of power", but it's not really: I haven't heard many people say that the legislative reform is entirely unnecessary. As we can see from the DPP"s 2012 proposal, they're not against it either. The KMT would sorely like you to believe that the DPP simply abhors reform, and wants to continue with its corrupt, violent and dissolute ways, and so doesn't want the legislature to have any real power. But if that were so, why did they previously propose reforms? It's simply not true. 

And as for being corrupt and violent, if you want to compare parties here, I suggest you look at the entire history of the White Terror and tell me which party has inflicted more corruption and violence on Taiwan. Because the party that created a bunch of nationalized industries, appointed their nepo babies and crony mafia buddies to ineptly run them as thinly-disguised money funnels, and then committed decades of mass murder when the people protested it is perhaps the more corrupt and violent party, no?

In fact, the legislator who suffered the worst injuries was Puma Shen of the DPP, and at the protests outside all I see is peaceful demonstrators and highly-organized volunteers and civil society groups. What violence, exactly? 



Does this look violent to you?


According to interpretation #585 above, the legislature does have investigative powers as they relate to its functioning, and which do not overlap with those of the Control Yuan. I personally don't have a fundamental problem with formalizing those powers, as long as they are within the scope of current law and the constitution. 

This is...not that. 

In fact, until recently, I didn't really have an opinion on whether the Control Yuan should continue to exist, but now, the alternative seems far worse. This isn't a balance of powers thing, this simply gives a lot more power to one branch of government. 

Parts of it are, as Frozen Garlic points out, almost certainly unconstitutional. The legislature doesn't have the power to compel the executive branch, so they certainly cannot force the president in for a 'state of the union' followed by questioning. In fact, if they do so, can they then decide that the president is not answering those questions well enough and thus can be held 'in contempt'? Is this an attempt at an end-run around the difficulty in impeaching a president under the ROC system?





I don't entirely agree with Frozen Garlic's assessment -- the existence of the Control Yuan and the exceedingly broad writing of the legislation, especially allowing the legislature to decide what is and is not "contempt" or "counter-questioning" make me extremely wary of the whole thing. But he is right about the balance of power issue, and he's right that if substantive discussion had actually taken place, these issues could have been ironed out. 

He is right, however, that there are a lot of unconstitutional elements of this new legislation. It will surely be challenged on those grounds and much of it will, at least in my estimation, be struck down.

As we can see, the DPP is open to legislative reform. They once proposed it! If their proposals had been given any time at all in these 'discussions', if the bill had been examined more deeply in committee, and if the final version being voted on were more available to legislators and the public alike, perhaps all of thise could have been avoided. 

To be honest, if the DPP had tried to pass a law like this, including the broadly-written clauses that give the legislature essentially White Terror-like powers to go after their political opponents, I would have protested it then, too. Even if I had to do it shoulder-to-shoulder with KMT voters.

So the final question remains: clearly the KMT and TPP wanted this to be a public fight. But why? They must have known that this would arouse such massive discontent, that the outcry would be Sunflower-level huge. They know that while their milkshakes don't bring the protesters to the yard, the DPP can and does.

So why bring that on themselves?

Again, this is an excellent question.









Tuesday, May 21, 2024

One more time at the legislature, with feeling




I don't have time to make this pretty, so let's talk about what's happening at the Legislative Yuan right now. 

After adjourning on Friday, not having passed the most controversial aspect of the legislative reform bill -- the "contempt of the Legslature" clause (clause? I don't have time to check) -- lawmakers were to re-convene today to finish discussing it.

"Contempt of the Legislature", if passed, would allow the legislature to drag just about anyone they want in for question-and-answer sessions, and they could be sent to court if the legislators don't like their answers. This is meant to criminalize lying to the legislature, concealing evidence, procrastinating or refusing to appear -- which seems reasonable, but isn't. More on that below, or just read my last post, or whatever you want in English. I probably won't cover it in full in this post. 

Today, thousands gathered at the Legislative Yuan to protest the bill yet again. Miao Poya (I mention her here and here) spoke to a crowd of about 3,000 this afternoon. By the time I arrived in the late afternoon, the crowd was clearly bigger than that, though I can't begin to estimate. It had gone well past the large tent cover set up in front of the main stage and was starting to spill onto Zhongshan Road. 

My friend's photo:



When I arrived, police buses ran down what I believe is Jinan Road (I didn't really check), and you could see people streaming toward the venue. I haven't seen a police presence like that in years, nor a protest big enough to warrant one. (Arguably no protest warrants one, but...discussion for another day). 

I saw a lot of old-school protest imagery: sunflowers, for the Sunflower Movement, the ubiquitous black t-shirts, teal-colored stickers, headbands that said "if the KMT doesn't fall, Taiwan won't be good" (國民黨不倒,台灣不會好 -- it sounds better in Mandarin) which might be new, or might have been dug out of retirement by former protesters. There were even pro-Hong Kong flags as well as several rainbow flags from the marriage equality rallies.



People were quite literally grabbing whatever they had at home from the past to join this protest. I'm sure once the stickers and t-shirts and bandannas and banners become available, there will be a cohesive design to it all, but remember, all the left-of-center protests of the past -- some labor protests excepted -- seem to follow a similar design language. It all works together. It's cohesive, and gives the element that in Taiwan, all of us with our various causes come out to support each other.



I say "us", but I really mean them. I can go, and chant, and stand in the rain, but I'm not Taiwanese. I'm there to support, I don't know what else I can do. Regardless, I love to see it. 

In fact, one of the speakers while I was there directly referenced Hong Kong, likening this bill and the method being used to pass it to the undemocratic processes that are now the norm in Hong Kong ever since the protests were quashed and pro-Beijing elements (I'd call them fascists but hey) took over. 



Of course, being a Taiwanese protest, there were chants calling to send back the bill, "Go Taiwan!" and "Go democracy!" (台灣加油,民主加油), "oppose the black box" (the tactics being used to pass the bill without anyone knowing what's in it is locally referred to as "black box" politics), "No discussion, no democracy" and at least one call for Huang Kuo-chang (黃國昌), the former Sunflower leader who is now colluding with pro-China elements and their assorted simps, to step down. I can't think of anyone whom the activist community reviles more today than that man.

Funeral-like flowers for the KMT:



While there, a speaker rallied the crowd by saying they'd grown to 12,000. I don't know if that's true -- upper estimates put it at 8,000 -- but it was quite a sight regardless, not something we've seen much of during Tsai's tenure and the DPP's legislative majority. Tsai also left office with a surprisingly high favorability rating, for Taiwan.

That could be because the DPP's general platforms -- with some imperfections -- are closer to the general consensus in Taiwan. It could be because the DPP legislature more or less did a competent job. It could be because KMT supporters simply lack the vim and vigor of sustained activism and protest. Most KMT protests seem to be oldsters bussed in and given a free lunchbox. 



These protesters were...not that. They are young, mostly, and they are angry. They remind me of the Sunflowers. If this is Taiwan's Gen Z, then the kids are going to be alright. 

Back to the protest: partway through my time in the crowd, it started pouring. People handed out free ponchos. I was given one, but got soaked anyway. Speakers asked the crowd to move forward as much as possible to get more people under the cover, and to use ponchos rather than umbrellas, which is smart in a crowd. People came through not long after to distribute drinking water. 

I love to see that sort of cooperative action in protests and movements. 

The rain only got worse, but here's the thing: not many people left. Of course, in any protest, especially one that spans hours, people will come and go over time. But I didn't see any substantial number of empty seats even when it really started to drench the crowd. Thunder boomed, but people stayed. Someone handed out a bunch of signs run on a printer and slipped into plastic covers. 

On the way to the protest I talked to an older man trying to park his bike. He said he was outside to support the Sunflowers a decade ago, and he's back again to stand up for democracy now. His daughter, he said, was already in the crowd. 

While we were getting utterly rain-blasted, I traded sorrowful looks with the woman next to me. Without prompting, she said, "this is democracy". She did not leave. Neither did I. 

I'm telling you, the kids are gonna be alright. 



My phone got soaked -- it currently won't charge with a cable -- my leather bag got soaked, my pants got soaked, my shoes got soaked. The ground beneath our feet turned into one massive puddle. Still, people stayed, I went to put my phone back in my bag, wet despite being under my ill-fitting poncho. A young man (early 20s?) used his plastic-covered sign to keep the rain off. 

At about 7pm, the session seemed to be still ongoing, with the DPP playing the old Sunflower anthem Island Sunrise. The KMT started raising patches of the ROC flag (which has the KMT emblem on it). 

I left when I started to genuinely worry about my phone, and was shivering from being soaked. I also happen to be sunburned from yesterday's inauguration, which is not a great combination. The woman who'd said "this is democracy" urged me to go, saying "health comes first" and there will be other chances to protest. 

At about 8pm, a friend of mine messaged me a bunch of photos -- one his, one from the protest's Line group -- showing the protest had spilled out into Zhongshan Road.  A verbal estimate put the crowd at over 15,000.

Here's the Line group photo:



So what's wrong with the bill? 

First, there's what it could mean. From Michelle Kuo on Twitter

China publishes a list of Taiwan independence activists, those legislators can summon them to be questioned. The [activists] can be fined from 20,000 NTD to NTD 200,000. This is written in article 25, the amendment they just passed. And that completely bypassed committee review.


 



From Chen Yen-han

The bill would give the LY power to summon essentially anyone and make them answer questions.

This is not necessarily bad. What is bad are the proposed criminal penalties when the LY deems someone’s answer a refusal or falsehood.

This would give a partisan coalition a monopoly on truth, which is very bad.

A minister who refuses to divulge classified information could, under the provisions of this bill, be punished.

There is at least one current MLY who leaked sensitive info on Taiwan’s defense programs.

You should also read this entire thread from Michael Turton. Here's a snippet:

We know what tactics they will follow because they've done that before. One way they will use this power is to subpoena local DPP politicians to again smear them and even better, toss a few in the clink...

The KMT can simply refuse to act on taiwan's defense by claiming their too busy with internal investigations. This will tie up the legislature for years. Further...they will investigate government ministers and bureaucrats hoping not only to interfere with the functions of government, but to bring to light information on government connections with other government and on defense and weapons programs....The subpoena powers can be used against Ordinary People. Members of the Foreign Press should recall the era of Visa denials of journalists. Under this law there's nothing to stop the legislature from subpeona-ing a foreign journalist whose coverage they do not like.

There's also a great Youtube video with English subtitles from Puma Shen, the activist and legislator who was pushed off a table and fell on his head on Friday.



 One of the biggest problems is that nobody really knows what's in the bill, as a last-minute version cobbled together from all proposed versions was not read out in full and not made available to legislators in time for the vote. This was apparently done by KMT caucus whip (and criminal, and sex pest) Fu Kun-chi, speaker Han Kuo-yu, and former Sunflower and New Power Party founder-turned-TPP supporter Huang Kuo-chang, who right now might be the most reviled of the three. Remember, he was once on the same side as the people out there protesting tonight, and now he's working with his former enemies and enemy-adjacent randos. (No, I will not attempt to phrase that more elegantly). 

Secondly, the KMT and TPP keep insisting that "substantive discussion" of the bill has taken place, and thus have ushered it to a vote. (There are also a bunch of infrastructure bills to be discussed, and nobody's talking about what might or might not be in those, so that's not good either). 



This is absolutely a lie, spearheaded by Huang Kuo-chang. The DPP was intentionally kept from participating in said 'substantive discussion', their own proposals dismissed before they could even be considered. Essentially, the KMT and TPP are railroading everything and calling it "democracy" because they have a thin majority coalition. 

The votes themselves are being done by a 'show of hands' rather than individual votes with names recorded. While this is technically a legal mechanism for voting, as far as I know, it's not typical and hasn't been used in Taiwan in decades. The KMT/TPP would insist that it's necessary as the DPP keeps blocking a more traditional vote. Apparently, the "show of hands" vote tallies keep getting messed up, which is extremely suspicious and unnerving. 

I'm not the only one who is likening this to Sunflowers 2.0 -- they protested black box politics too -- and the White Terror. And if something in Taiwan reminds you of the White Terror, well, that should be terrifying.