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Lawmaker questions if bird flu constitutes ‘force majeure’ TAIPEI, Taiwan -- Kuomintang lawmakers badgered two top government officials yesterday about what constitutes “forces majeures,” or unexpected events that would suspend or defer two national elections next year. Hou Sheng-mao, minister of health, and Teng Tien-yu, secretary-general of the Central Election Commission, had a hard time responding to charges of “playing dirty tricks” at two Legislative Yuan committee meetings. Legislator Ting Shou-chung questioned Hou if a bird flu epidemic in China could be considered a force majeure. “An avian flu may break out and assume epidemic proportions in China — let’s say, next month,” Ting said at the meeting of the public health, environment and social welfare committee. Should that happen, Ting went on, an exchange of private visits between Taiwan and China may have to be suspended. “Is it a force majeure that is now being considered as a reason for suspending elections?” he asked Hou. There are over one million Taiwan businesspeople and their dependents in China. Election law requires them to come back to Taiwan to vote. Voters are expected to go to the polls to elect a new Legislative Yuan on Jan. 12 and the president on March 22. The CEC is planning to add “force majeure” as condition for suspending both races. “We are not sure,” said an embarrassed health minister. As a matter of fact, Hou said, the question has not been studied. “Nor have we been asked to make that study, either,” he added. But Hou promised to abide by the epidemic prevention regulations of the World Health Organization in making a decision to forbid people to come to Taiwan when a bird flu epidemic breaks out in China. Ting claimed the ruling Democratic Progressive Party may play dirty tricks to get both elections stalled, if it is convinced it couldn’t win. Seven out of every ten Taiwanese entrepreneurs in China are supporters of the opposition Kuomintang, which is expected to retain the majority in the new parliament. Its standard bearer Ma Ying-jeou is leading his DPP rival Frank Hsieh by a wide margin in voter support. “Don’t try to threaten our people with a bird flu epidemic,” Ting warned Hou. Teng was grilled at the judicial committee meeting. Opposition legislators took Teng to task for planning to add “forces majeures” to grave national disasters as excuses for deferring or calling off the elections. “We understand the CEC wants to do so, should such events occur on election days,” said Kuomintang lawmaker Pan Wei-kang. “What are those forces majeures?” she questioned Teng. The question is necessary, Pan added, simply because the Cabinet spokesman, Shieh Jhy-wei, declared the elections would be suspended if a two-stop distribution of blank ballots was adopted in 18 localities for the two national elections. That is one of the DPP’s dirty tricks, Pan argued. Founded under the Executive Yuan or Cabinet in 1982, the CEC is in charge of holding and supervising elections, national as well as local. Under pressure from President Chen Shui-bian, the CEC decided to call four referendums alongside the two elections. The ruling party hopes to have a larger turnout to help win them. The CEC wants a one-stop distribution adopted across the nation. A voter is expected to get all ballots in one stop at the polling station. Local election commissions in 18 counties and cities, including Taipei, have decided to let voters receive ballots in two stops. Teng refused to respond. But he promised to make a clarification by next Jan. 12. “Forces majeures are a legal term,” Teng said. “There must be a definition,” he continued, adding: “it’s not what the CEC can have a last say on. “It’s up to local commissions to make a report on what happens and the report will have to be considered by the CEC, which then takes a decision. It’s not the CEC that defines a force majeure.” Another opposition lawmaker, Lee Fu-tien of the People First Party, cited election law as saying local commissions may, when forces majeures occur, change the dates for an election. “That means the CEC can’t call off or suspend the elections nationwide if one or two local commissions make such reports,” Lee said. |
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