Second Chiao-Tang Talks ─ Speech by Vice Chairman Chiao at the First Meeting
- 更新日期:109-08-05
Date: August 4, 1994
Place: Taipei
Vice Chairman Tang, Deputy Secretaries-general, Ladies and Gentlemen:
Today, I and Mr. Tang held highly significant talks on affairs between the Straits Exchange Foundation (SEF) and Association for Relations Across the Taiwan Straits (ARATS), based on the "System for Contacts and Meetings between the SEF and ARATS." This is Mr. Tang's first visit to Taipei, marking a new milestone in institutionalized SEF-ARATS contacts. We hope that active liaison between the SEF and ARATS can be realized through frequent exchanges, and that in this way we can enhance the functions of the two organizations in cross-strait exchange affairs.
In early February this year, Mr. Tang and I held our first meeting in Beijing for talks on SEF-ARTATS affairs, routine issues and other related topics under the "System for Contacts and Meetings between the SEF and ARATS." A high degree of consensus was reached at that time. Six months have since passed. During that time, cross-strait interactions have been seriously affected by an unfortunate travel incident. We therefore need to find solutions in our negotiations on SEF-ARATS affairs and private cross-strait exchange issues.
One of the main items on the meeting agenda is to review SEF-ARATS affairs and the four agreements signed during the Koo-Wang Talks. Specifically, I would like to exchange views with Mr. Tang on the following issues and hope that we can reach a consensus in these areas.
1. Breakthroughs in thinking on routine negotiations
The SEF and ARATS have held five routine talks on the three issues of repatriation of illegal immigrants, repatriation of hijackers, and mediation of cross-strait fishing disputes. An initial agreement framework has been established, but the talks have failed to produce a consensus on certain key issues. We should therefore review where our differences lie and promptly reach an agreement to resolve the current problems. We should also promptly hold talks on the other annual routine issues, such as "jointly fighting maritime smuggling, robbery and other criminal activity," "cross-strait intellectual property right protection" and "cross-strait judiciary assistance." Undeniably, the bottleneck in our current negotiations is the basic issue of mutual treatment between the two sides. In view of the unique circumstances across the Taiwan Strait, we believe political issues should in the name of pragmatism. By this we mean that political matters should not be mixed up with or highlighted in the routine negotiations. This does not mean, however, that we should ignore realities or intentionally devalue the position of the other sides. If we can proceed with the talks in this way, leaving politics with politics and law with law, and finding truth in facts, we will naturally get results.
The function of the routine negotiations between the SEF and ARATS is to resolve issues arising from private cross-strait exchanges. One issue is the rising frequency of travel safety incidents involving Taiwan visitors in the mainland, such as the Baiyun Airport plane crash, Putian bus accident, and the murder, arson and robbery incident at Qiandao Lake in Zhejiang. These incidents deeply affect the rights and interests of Taiwanese travelers. And the inappropriate handling of such cases has affected benign interactions across the Taiwan Strait. The incidents underscore the real need for the SEF and ARATS to establish a mode for resolving such matters, including mechanisms for providing information, reporting incidents, and providing humanitarian assistance. This would help to ensure the proper handling of incidents and thereby increase mutual trust in cross-strait exchanges.
2. Rationalizing document verification affairs
The "Agreement on the Use and Verification of Certificates of Authentication Across the Taiwan Straits" came into effect on May 29 last year. From that time to the end of June this year, the SEF has mailed 16,577 copies of certificates of verification from the Taiwan area to the mainland side, while the mainland side has mailed 36,258 such copies. These figures indicate a growing volume of cross-strait documents. However, in the course of implementing the agreement, we have also discovered a high frequency of errors in the content of the document originals and copies sent by the mainland side. These errors include inconsistency in verification dates, discrepancies in verification content, duplicated verification numbers, inconsistencies in the names of the interested parties of the verified documents, and lack of additional documentation. The mailing time for copies sent is also overly slow and in some cases the copies are not mailed at all. Furthermore, although the mainland side has sent several responses on the verification of certificates of authentication prior to the implementation of the "Agreement on the Use and Verification of Certificates of Authentication Across the Taiwan Straits," such certificate copies have not yet been sent, affecting the rights and interests of the interested parties. During the last round of talks, we mentioned that this situation still frequently occurs. Moreover, in early February the two sides agreed in principle to increase the scope of mailed copies. We have presented concrete proposals and hope that during the meeting we can reach a consensus on this issue and further explore whether or nor there is a more simple alternative to sending copies.
3. Developing cross-strait express mail service
The "Agreement on Matters Concerning Inquiry and Compensation for [Lost] Registered Mail Across the Taiwan Straits" came into effect on May 29 last year. On June 1 that year, the Taiwan side began handling affairs related to registered mail sent from the mainland area to safeguard important documents mailed by the people on both sides. During my talks with Mr. Tang in February, I proposed improvements to inquiry methods. We reached decisions on inquiry forms, examination forms and other postal formats. I am gratified that the mainland side has responded to these matters and that the related issues have been resolved. As contacts across the Taiwan Strait become more frequent, there is considerable emphasis on the timeliness of mail delivery. This has created a need for express mail service. In order to serve people on both sides of the Strait, the SEF sent a letter to ARATS on July 16 this year expressing hope that cross-strait express mail service could be opened. The Taiwan side also has made the necessary arrangements for launching express mail service. I trust that ARATS is also optimistic about establishing express mail service and will also actively promote the early realization of such service for the convenience of people on both sides.
4. Developing the function of the SEF and ARATS as a private intermediary
Since the "System for Contacts and Meetings between the SEF and ARATS" came into effect, the two organizations have been in closer contact and rendered mutual assistance in resolving numerous difficulties facing the people on both sides. This is a laudable achievement. However, during my meeting with Mr. Tang this February, I mentioned that the two sides still need to discuss ways to resolve the many hindrances that remain so as to fully realize the function of the SEF and ARATS as private intermediaries. In terms of SEF-ARATS contacts at this time, I believe the following three basic issues need to be resolved:
(1) As private cross-strait exchanges grow more frequent, there will inevitably be emergencies involving the life and property of the people of both sides, such as hijacking, plane crashes, boat disasters, and travel accidents. Such incidents should be handled in a timely and proper manner. The SEF always promptly notifies ARATS about the status of its handling of such cases. Unfortunately, the mainland side is often unable to handle incidents in a timely fashion, thereby affecting the rights and interests of the people from the Taiwan area. Since the Qiandao Lake tragedy, in particular, many people have begun to doubt the function of the SEF and ARATS as private intermediaries. In addition, some issues remain concerning requests by the SEF for assistance from ARATS in arranging matters related to the rights and interests of people of the Taiwan area. In some cases, the mainland side has not investigated and handled the matter. In other cases, the matter may be investigated and handled without replying to the SEF; or the reply may simply be that "the interested parties have been informed." As a result, the Taiwan side is unable to understand the status of the mainland side's handling of the situation. This also impairs the functions of the SEF and ARATS.
(2) If someone on either side commits a crime, they should of course be punished, yet the legal rights of a criminal suspect should still be protected. To uphold these rights, I believe that the SEF-ARATS contact channel should be fully used to mutually report criminal cases.
(3) As part of the "Joint Agreement of the Koo-Wang Talks," the SEF and ARATS have agreed to hold talks on "jointly fighting maritime smuggling, robbery and other criminal activities." However, the situation today with cross-strait gun and drug smuggling is shocking. From November 1991 to November 1993, Taiwan seized 2,048 guns smuggled in from the mainland This has harmed the people on both sides. I therefore believe that the two sides need to promptly share criminal intelligence to effectively combat crime.
Another issue is the matter of compensation for the victims of recent major travel-related incidents, such as the Qiandao Lake tragedy and the Three Gorges plane crash. On March 31 this year, 24 Taiwanese tourists on the vessel Haiduan were reported missing during a tour on Qiandao Lake in Zhejiang Province. It was later confirmed that all of them had been killed. The mainland side insisted on cremating the remains of the victims and refused to allow family members and the media into the site of the crime. It also refused to allow SEF personnel to accompany members of the victims' families to deal with related affairs, sparking an intense and widespread reaction in Taiwan. Although arrangements were made for SEF personnel to go to Hangzhou on May 8 to review the handling of the case, ARATS has not yet replied positively to repeated proposals by the SEF to hold negotiations on promptly compensating the victims' families for their loss. Furthermore, on March 22 this year, Liu Mei-yun and Chen Chiu-Huan from Taiwan were killed in a helicopter crash at the Three Gorges area. The families of the deceased contacted the SEF in hope of having the remains salvaged from the water and resolving compensation issues. Over the past four months, the SEF has sent seven letters to ARATS asking for assistance in coordinating with the relevant agencies to these end. Yet the body of Liu Mei-yun remains in the river and compensation has not been made.
Major cross-strait emergencies will only increase as exchanges between the two sides grow. In order to prevent tense situations such as the Qiandao Lake incident from occurring, the SEF and ARATS should conduct a sincere review to ensure a smooth liaison channel and establish a model for mutual assistance on handling emergencies. In this way we can safeguard the rights and interests of the people on both sides.
5. Assistance on notification and disbursement of inheritance
During talks this February, Mr. Tang and I reached a consensus on providing mutual assistance in cross-strait inheritance matters. Under Taiwan law, if a person of the mainland area inherits the estate of a person of the Taiwan area, the heir must submit a written statement of inheritance to the court in Taiwan within two years from the date of the commencement of succession. Those who fail to submit the statement within the time limit are deemed to have waived their rights of inheritance. For many mainland heirs of deceased military personnel or military veterans in Taiwan, this deadline arrives on September 17 this year. In order to protect the rights and interests of mainland heirs, the SEF has been entrusted by the competent authority to arrange inheritance announcements and notifications in the mainland area. At the same time, many people on the Taiwan side have been unreasonably treated when seeking the recovery of real estate in the mainland area or arranging the inheritance of an estate in the mainland area. We therefore hope that the two sides can hold further talks and provide concrete views on approaches to joint discussion and resolution.
6. Due protections for Taiwanese investments
Although cross-strait economic and trade relations are growing, Taiwanese businesspeople often inform the SEF of the many operational and investment difficulties they face in the mainland. These include the difficulty of obtaining an entry visa for the mainland; the overruling of contracts; difficulty in securing loans from financial institutions; inability to establish autonomous Taiwanese business associations; frequent trademark infringement; unclear laws and regulations; and excessive fees. The two sides need to directly address these problems, which create enormous difficulties for Taiwan business operations in the mainland. During the talks in Xiamen last year, the SEF presented a list of actual issues related to the mainland operations and investments of Taiwan businesses. However only very limited improvements have been made.
As of mid-July this year, the SEF had handled 146 economic and trade disputes. We sent 77 letters to the mainland side seeking related assistance, yet we only received 26 reply letters. In most of the cases, a suitable resolution could not be achieved. Furthermore, statistics indicate that the number of cases involving violations against the person and property of Taiwan businesspeople in the mainland is growing. Some of the most frequent cases involve robbery, kidnapping and murder, as well as unreasonable detention or arrest by mainland business partners, customs officials and the police.
Other disputes emerging in the course of cross-strait economic and trade contacts include legal property interests, inappropriate measures by mainland administrative agencies, and general criminal cases. Moreover, some economic and trade regulations are still in the "trial point" phase and still need time to be institutionalized. In some cases, legally effective rules exist but there are gaps in linking the old and new systems and in terms of implementation. This creates uncertainties for Taiwan business operations and heightens investment risk.
This March, the mainland side announced the Taiwan Compatriots Investment Protection Law. However, this law is unilaterally stipulated and is not based on an agreement between the two sides. Moreover, the substantive content of the law is not sufficiently specific or comprehensive. If cross-strait economic and trade frictions are allowed to worsen it will threaten the foundation for cross-strait economic and trade exchanges. Relations in this area could stall and even go into reverse. This would be detrimental and undesirable to both sides. The SEF and ARATS therefore should pragmatically and seriously discuss the issue of protecting the investments of Taiwan businesses in the mainland. I hope that the mainland side can make improvements on the administrative and routine issues facing Taiwan businesses, and that the two sides can plan substantive talks on the following three items at an early date:
(1) The two sides should hold talks and sign an agreement on protecting the investment rights and interests of Taiwan businesses in the mainland.
(2) The two sides should jointly discuss concrete and feasible approaches to protecting the personal safety and property of Taiwan businesspeople.
(3) A mode of cross-strait economy and trade dispute resolution should be established, including the creation of mediation and intermediary bodies, so that business disputes can be resolved more quickly and efficiently.
7. Promoting cultural, educational scientific and technological exchanges
Regarding exchanges in the cultural, educational scientific and technological spheres, we are willing, based on the proposal sent by the mainland side, to exchange views on cross-strait media, youth, cultural relic, scientific and technological exchanges.
(1) Media exchanges: Reporters from the Taiwan side have made over 5,000 visits to the mainland for news reporting since such visits were first allowed. However, only one hundred or so mainland area reporters have come to Taiwan. This has resulted in an extreme unbalance in cross-strait media exchanges and also uneven levels of reporting.
In addition, mainland reporters visiting Taiwan receive the same treatment as local reporters. However, when reporters from the Taiwan area visit the mainland, their reporting is restricted in terms of the people, times, places and topics covered. Moreover, the Taiwan side is also concerned about the potential negative impact of the Implementation Rules of the State Security Law enacted by the mainland side on June 4 on Taiwan reporters in the mainland.
The Taiwan side hopes that the mainland side can remove the restrictions on Taiwan reporters in terms of the people, times, places and subjects that are allowed to be covered. We also hope that entry to the mainland area for reporting purposes can be facilitated during times of major events or emergencies. The two sides should actively review ways to streamline the application and approval procedures for news coverage and interviews by reporters. We should also strengthen cross-strait exchanges between media and academic organizations and establish channels for verification of news information.
In order to effectively advance cross-strait media exchanges, we hope that the two sides will seriously consider the feasibility of mutually establishing newspaper and news agency offices on each other's side.
(2) Youth exchanges: Cross-strait youth exchanges are still in the initial stage and many obstacles remain to be overcome. We hope that the two sides can strengthen cross-strait exchange visits by university and college students. We also hope that the two sides can agree to each individually raise funds and plan regular cross-strait exchange activities for students at the primary to tertiary education levels.
(3) Cultural relic exchanges: At present, mainland organizations providing cultural relics on loan for exhibition in Taiwan demand high "exhibition planning fees" and insurance fees. This places a heavy burden on the exhibit organizers in Taiwan and hinders cross-strait cultural relic exchanges. In addition, the lack of legal protections in the mainland for the safe entry and exit of cultural relics from Taiwan has made it difficult to exhibit such items in the mainland area.
In order to encourage cross-strait cultural relic exchanges, the two sides should draft related legal protections to ensure the safe entry and exit of cultural relics, as well as provide necessary administrative assistance. The Taiwan side hopes that mainland organizations providing cultural relics on loan can consider eliminating or reducing the "exhibition planning fees" and assess reasonable insurance fees for cultural relics.
The two sides can consider drafting a sample contract for cross-strait cultural relic exchanges. This contract would contain reasonable stipulations on transport, protection, accompanying personnel, insurance and exhibition fees as well as damage compensation matters, bringing order to cross-strait cultural relic exchanges.
In order to strengthen cross-strait cultural relic exchanges, the two sides can promote cultural relic and related academic exchange visits for archeological research, participation in archeological excavations, and field studies. We should also encourage exchanges between cultural relic organizations of the two sides to share hands-on learning experience in the areas of cultural relic management, preservation, and activity promotion. At the same time, the two sides can share regulations and experience in cultural asset preservation and maintenance, strengthen promotional measures, and jointly work to preserve Chinese cultural relics. The two sides can also exchange cultural relic publications, museum directories, directories of experts and scholars, and information on cultural relic activities.
(4) Academic, scientific and technological exchanges: Due to the different focuses of scientific and technological development across the Taiwan Strait, each side has its respective strengths in this area. The two sides therefore can consider first arranging mutual exchange visits by sci-tech professional. The Taiwan side proposes several focal areas for such exchanges, including the natural sciences, such as physics, chemistry, atmospheric science, earth science, oceanography, math and statistics; engineering sciences, such as optoelectronics, wireless communications, high-grade materials, aerospace, and marine technology; life sciences, such as Chinese herbal medicine and medical science; and culture and social sciences, such as anthropology, archeology, history, and linguistics.
In order to strengthen cross-strait academic scientific and technological exchanges, the two sides can consider planning and conducting joint research in sci-tech areas related to the people's welfare, such as disaster prevention (earthquakes, floods, droughts and climate, geological and ocean related incidents) and environmental protection. The two sides have agreed that academic organizations, institutes and cultural and educational foundations of the two sides should continue to jointly host bilateral and international academic seminars. We have also agreed to establish cross-strait academic and sci-tech information sharing channels, and draft a long-term plan to compile a comparison table of sci-tech terms on the two sides.
(5) Industrial technology: The two sides can consider first holding technical discussions on the standardization of Chinese language information. Such discussions could cover Chinese character codes for information interchange (issues related to Chinese character code standards), standardization and compatibility of Chinese DOS/API, standardization and compatibility of Chinese platform UNIX/API, and Chinese electronic data interchange (EDI).
Private cross-strait exchanges are steadily growing. In order to ensure that such exchanges remain mutually beneficial and build mutual trust, the two sides should, in the course of such exchanges, avoid actions that are harmful or detrimental to the other side (such as unilaterally issuing work permits). In addition, the time is right to discuss solutions not only on issues pertaining to disorder in cross-strait exchanges and the topics already planned, but also on real-world problems, such as the use of wheeled nets or explosive fishing, which already threaten fishery resources in the Taiwan Strait. During today's talks, I hope to hold general talks on these topics with Mr. Tang. Once the items and principles of the talks are determined, our respective staffs can separately work out the details. We approach the talks with the utmost sincerity and have high expectations over the outcome of our discussions. We trust that Mr. Tang has come prepared and shares our hope to open up new opportunities with the utmost sincerity and goodwill, both for the present and future talks and for current and long-term cross-strait relations. I hope that through our joint efforts we can soon reach a consensus and jointly create a "win-win" outcome.