Can Someone Incapable of Avoiding Conflicts of Interest Be President?

Can Someone Incapable of Avoiding Conflicts of Interest Be President?
China Times editorial (Taipei, Taiwan, ROC)
A Translation
December 13, 2011

Summary: The Yu Chang Technology Company scandal has erupted yet again. The DPP is either attempting to dismiss the scandal as KMT mud-slinging, or to make light of it, and deliberately downplay it as nothing new. But the facts speak for themselves. The Executive Yuan has declassified key documents. These prove that Tsai Ing-wen was preparing to become the Chairman of the Board of the TaiMed Group when she was still Vice Premier. Tsai Ing-wen has yet to provide details regarding the scandal. She cannot escape suspicion that she took the position in order to line her pockets.

Full Text Below:

The Yu Chang Technology Company scandal has erupted yet again. The DPP is either attempting to dismiss the scandal as KMT mud-slinging, or to make light of it, and deliberately downplay it as nothing new. But the facts speak for themselves. The Executive Yuan has declassified key documents. These prove that Tsai Ing-wen was preparing to become the Chairman of the Board of the TaiMed Group when she was still Vice Premier. Tsai Ing-wen has yet to provide details regarding the scandal. She cannot escape suspicion that she took the position in order to line her pockets.

Yesterday CEPD Chairperson Christina Liu declassified two documents and provided copies to the Legislative Yuan. The TaiMed Group's name came up for the first time. According to Christina Liu, one of the documents set conditions requiring the company to provide signing bonuses. During the development process it required the payment of fees, royalties on sales, and research reports. Ho Mei-yueh, then Chairman of the Council for Economic Development and Planning (CEDP), was also the Convener of the National Development Fund (NDF). She signed the document and presented it to Tsai Ing-wen on March 21. Tsai Ing-wen signed the document on March 22. But the document was never signed by then Premier Su Tseng-chang.

Christina Liu says that Ho Mei-yueh, Convener of the National Development Fund, and the Academia Sinica cosigned a letter on March 31, 2007. According to the letter they would hold briefings urging TaiMed to establish a biotechnology company. Investors would be invited to the meeting, According to English language documents made available during the meeting, Tsai Ing-wen would become a key member of the company staff.

Blue Camp legislators have voiced grave concerns. Tsai Ing-wen was Vice Premier at the time. If the company was already in existence, it was effectively "approved for Tsai Ing-wen, by Tsai Ing-wen." This amounts to a serious conflict of interest.

The Yu Chang Technology Company scandal is definitely snowballing. Tsai Ing-wen is finding it increasingly difficult to rationalize away her conduct. Last week the CEPD report to the Legislative Yuan revealed that Tsai Ing-wen stepped down as vice premier in May 2007. She then became the TaiMed Group representative for biotech venture capital investments. Before the Yu Chang Technology Company was officially established, she twice wrote to the National Development Fund. She ordered funds wired to the Yu Chang Technology Company administrative offices. Minister of Economic Affairs That very day, Ho Mei-yueh approved the wire transfer, On September 3, the National Development Fund wired the Yu Chang Technology Company 40 million dollars.

The DPP has been evasive regarding conflict of interest charges. It says the biotech industry burns money, It says Tsai Ing-wen was a first time investor. She was providing "angel funds." She was fighting fires. But the DPP's response is evasive. It totally ignores Tsai Ing-wen's direct involvement while she was still vice premier. Tsai Ing-wen knew the government was interested in setting up the Yu Chang Technology Company. She knew the details of its plan to support the biotech industry.

The government planned to support the biotech industry. Thefore investing in the Yu Chang Technology Company was a sure thing. When Tsai Ing-wen was chairman of the TaiMed Group and the Yu Chang Technology Company. the National Development Fund wired these companies a total of 26.4 billion dollars in three installments.

Tsai Ing-wen had the advantage of advanced knowledge. How can her involvement be passed off as "angel investing?" In the marketplace, such behavior is known as insider trading. Tsai Ing-wen was a high-ranking official. She knew perfectly well that this constituted a conflict of interest.

Had the Yu Chang Technology Company scandal gone no further, Tsai Ing-wen would be guilty only of revolving door violations. According to Ministry of Civil Service Civil Service Laws, and Ministry of Economic Affairs Biotech Drug Industry Regulations, revolving door violations must be "directly related to one's job." Tsai Ing-wen was responsible for biotechnology industry decision-making. But because she was not directly administering the industry, she got a pass. Legally speaking, Tsai Ing-wen squeaked by. But politically and ethically, she was clearly guilty.

The DPP is desperately trying to rationalize away Tsai Ing-wen's effort to line her pockets. It argues that the Yu Chang Technology Company scandal broke only after Tsai Ing-wen left office. For example, DPP spokesman Chen Chi-mai said that Su Tseng-chang entered the presidential primaries that year. He resigned temporarily as premier because he lost the nomination. How could Tsai Ing-wen have anticipated Su's resignation as premier? How could she have used her authority to approve biotech regulations or the National Development Fund investment case? DPP apologists argue that Tsai Ing-wen requested biotechnology funds only after stepping down. The chairman of the Yu Chang Technology Company then took over. Therefore, they argue, this was not a case of abusing the power of one's office for profit.

But the declassified documents released by the Council for Economic Planning yesterday prove otherwise. On March 22, Tsai Ing-wen signed the document. On March 31, TaiMed began setting up a biotechnology company. If what Christina Liu says is true, Tsai Ing-wen was a key individual in the company. Her claim that she was "never involved in setting up the Yu Chang Technology Company" is a lie. The Yu Chang Technology Company scandal is a case of "approved for Tsai Ing-wen by Tsai Ing-wen." The scandal is not merely a conflict of interest. The scandal is a case of abusing one's power to line one's pockets.

Tsai has yet to offer a satisfactory explanation, On the contrary. she has accused the KMT of character assassination, She is an embarrassment to our democracy. But if she becomes our head of state, she will be an even bigger embarrassment to our democracy. Tsai Ing-wen has lashed out at the KMT. She would do better to face the music. Tsai Ing-wen seeks high office. If she is this cavalier about conflicts of interest, how can voters permit her to govern the nation?

不守利益迴避原則 可當總統嗎?
2011-12-13中國時報

宇昌生技案再爆爭議，民進黨不是痛擊這是國民黨的選舉奧步，不然就輕描淡寫、刻意淡化是了無新意的舊案；但是，資料會說話，行政院火速解密的極機密文件，顯示蔡英文擔任董事長的台懋公司，早在她擔任副院長時就已籌畫設立，如果蔡英文對相關細節無法完整澄清，只怕難逃藉職務自肥之嫌。

經建會主委劉憶如昨日在立法院公布兩份解密公文，值得注意的是，在第二份解密文件中，第一次出現台懋公司（TaiMed Group），劉憶如表示，這一份文件，針對這家公司設立進度條件、需要支付的簽約金、在開發歷程裡要支付的費用、銷售權利金、開發實驗進度等，由當時的經建會主委何美玥也是國發基金召集人，在三月二十一日專簽呈給蔡英文，蔡英文三月二十二日簽署，但沒有時任行政院長的蘇貞昌簽名。

更值得注意的是，根據劉憶如的說法，二○○七年三月三十一日由經建會主委何美玥與中研院院士何大一署名發函，舉行推動TaiMed生技公司設立說明會，邀請了可能投資人來與會，現場英文資料裡，就明確記載蔡英文將是公司的主要核心人員。

藍委質疑，蔡英文當時還是副閣揆，如果當時公司已存在，這形同是「蔡英文核准給蔡英文」，嚴重的違反利益迴避原則。

確實，宇昌生技案雪球愈滾愈大，蔡英文也愈來愈難自圓其說。經建會上周在立法院進行的專案報告中揭露，蔡英文在二○○七年五月卸任副閣揆、轉任家族投資的台懋生技創投代表人後，在宇昌正式成立前，即兩度發函給國發基金，要求撥款到宇昌生技公司籌備處，經建會主委何美玥當天核准，國發基金立即在九月三日撥款四千萬元。

對於可能的利益衝突，民進黨的回應是，生技業是燒錢產業，蔡英文第一時間投資、提供「天使資金」，扮演的是救火隊的角色。但這樣的回應避重就輕，完全未提及蔡英文擔任副閣揆時，就已直接參與，並且了解國家有意藉成立宇昌公司、扶植生技業的相關細節。

也就是說，在國家保證支持的前提下，投入宇昌生技可說是穩賺不賠的生意，事實上，蔡英文擔任台懋、宇昌董事長任內，國發基金共撥三次款、總計二．六四億元。

蔡英文既已佔了事先知情的便宜，她的投入怎能稱為救急的天使基金；在市場上，這樣的行為稱為「內線交易」；蔡英文既然曾任高官，當然應該知道這有相當明顯的利益衝突問題。

如果宇昌案只發展到此，蔡英文的問題在於她繞過旋轉門條款的規定；因為，依銓敘部對《公務員服務法》的解釋，《生技新藥產業發展條例》的主管機關經濟部，才必須因「職務直接相關」，接受旋轉門條款的規範，蔡英文雖然實質上主導生技產業決策，但反而因為非主管業務，而不必受規範；但這只是在法律上脫身，蔡英文還是有明顯的政治道德瑕疵。

民進黨反駁蔡英文自肥的一個說辭是，蔡英文卸任後，才有宇昌案。例如，民進黨發言人陳其邁表示，當年蘇貞昌參加民進黨總統初選失利才臨時請辭行政院長，蔡英文怎麼可能事先預見內閣總辭，並且利用職權通過生技條例或核定國發基金的投資案，亦即，蔡英文是卸任後才因生技大老請求，接下宇昌董事長，並非藉職務圖利。

但是，經建會昨日解密的資料卻顯示，就在蔡英文三月二十二日簽署公文不久，三月三十一日台懋生技公司就已開始籌備設立，如果劉憶如所言屬實，蔡英文當時也列名公司核心人士名單中，則她不只不是自稱的「從未參與宇昌公司籌設」，更是「由蔡英文核准給蔡英文」，這已經不只是未利益迴避而已，確實難逃自肥之嫌。

到目前為止，蔡英文完全未交代是否有利益衝突的爭議，反而指控國民黨是人格謀殺，選舉選到這樣是民主之恥；但是，更大的民主之恥，牽涉到的是國家領導人的操守，蔡英文與其反擊國民黨，還不如嚴肅面對相關爭議；否則，有心挑戰大位的蔡英文，如果這樣的輕忽利益迴避原則，選民還敢將治國的重任交給她嗎？