Corruption in Taiwan

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Corruption in Taiwan is noted for significant anti-corruption strides. Out of 180 countries, Taiwan, or the Republic of China, ranked 28th in Transparency International's Corruption Perceptions Index (CPI) in 2023. Key issues needing improvements include graft, bribery, and unethical practices.

Contents

Heidao

A prevalent type of corruption in Taiwan involves Heidao or "black-gold politics". This term is associated with the increased involvement of racketeers and self-serving businessmen in politics to protect their interests. [1] Particularly, these political elements resort to bribery in order to wield and maintain their political influence. Corrupted officials include the police and judicial system including high-level government officials.

The most recent example was the case in 2024 when prosecutors began investigating alleged corruption and misconduct by the Hsinchu City police. This stemmed from the complaints of city councilors who accused the police and politicians of pressuring law enforcement officials relating to the accusation that they took bribes from electronic gambling operators. Around 21 were charged with violating Taiwan's Anti-Corruption Act and these involved police officers and high-ranking government officials. [2]

Criminal elements who were able to penetrate the political system ensure political longevity through bureaucratic corruption such as money laundering and money politics. A legislator named Lo Fu-chu, for instance, is suspected of being part of the Tien Tau Meng syndicate. In 2001, he physically assaulted Diane Lee, a fellow legislator. Violent behavior was seen as one of the adverse impacts of the entry of criminal elements into Taiwanese politics. Aside from this, Lo also faced several other corruption charges. Prosecutors charged him with business fraud and embezzlement, with allegations that he pocketed about $38 million from several businesses through intimidation. [3] He was also prosecuted for providing forged documents in order to obtain loans from two banks amounting to $23.4 million. [3]

By 2021, the Legislative Corruption Scandal was uncovered. The case, which is considered the biggest in Taiwan's judiciary history, involved widespread bribe-taking, abuse of authority, conflict of interest, and other illegal activities committed by at least 200 members of the judiciary and the bureaucracy. [4]

The heidao problem has become entrenched since it cultivated a symbiotic relationship between criminal elements and politicians. To address the issue and its related corrupt and unethical practices, the government instituted several initiatives focusing on raising public awareness of accountability, financial propriety, and personal ethics. [1] However, due to weak anti-corruption apparatus as well as the noted lack of ethical conduct among civil servants, corruption associated with heidao persists.

The Diplomat described the country's legal framework as weak, allowing for an environment permissive of graft. [5] This is demonstrated in the case of the country's Lobbying Act, which, according to the Control Yuan, was passed without strict enforcement of registration requirements. [5] For example, the awarding of the contract to build Taipei Dome to Farglory Group was mired in allegations of political corruption. [6] In particular, Chao Teng-hsiung, the company's CEO, was accused of bribing city officials to secure bids for Taipei Dome.[ who? ] [6] In a separate example, a Taipei city councilor, Chen Chung-Wen  [ zh ], was indicted in 2024 for self-dealing and obtaining bribes from a contractor named Taifo. [7]

In 2010, authorities charged twelve judges, prosecutors, and lawyers with taking bribes from a legislator on trial for corruption. [8] They included senior High Court judges, who had overturned the legislator's conviction in the lower court. [8] By 2024, several legislators from the KMT party and also the opposing party had been arrested or were facing increased scrutiny over allegations of corruption and bribery. [9]

The flaw in the legal framework is also reflected in several cases of corruption in the green energy sector. For instance, in August 2024, prosecutors detained seven local officials for their alleged involvement in green energy-related corruption. [10] The arrests were part of a government crackdown on green energy-related corruption involving officials taking bribes from green energy providers. [10]

Judicial reform advocates noted that Taiwan has existing institutions that address corruption but these systems depend on the willingness of their officials to prosecute cases. [8] Reform advocates also cite the weaknesses of existing legal frameworks such as the country's Anti-Corruption Act and the Criminal Code. These legal instruments regulate corruption among public officials. The lack of clear definitions such as what constitutes bribery allows for different interpretations. In Taiwan's’ statutes, bribery is not expressly defined and determination rests on judges on a case-to-case basis. [11] There is also the broad definition of “public officials” in the Criminal Code, which covers those who are serving state organizations and local autonomous bodies. [12] It is argued that this adversely affects legal enforcement and oversight. For example, officials accepting bribes within and outside of Taiwan are subject to the Anti-Corruption Act but it has no jurisdiction over the bribing of local officials outside of Taiwan. [11]

Anti-corruption measures

The Taiwanese government has launched reform initiatives to curb corruption since it became democratic in 1992. These include the Criminal Code, the Anti-Corruption Act, and other statutes. While weaknesses exist, the passage of new laws and reform of existing ones has defined what constitutes corrupt behavior and addressed it accordingly. [13]

The reform initiatives have been working as demonstrated in the improvement of Taiwan's ranking in Transparency International's Corruption Perception Index, which scores countries on a scale from 0 ("highly corrupt") to 100 ("very clean") and then ranks them by score; the country ranked first is perceived to have the most honest public sector. [14] In 2020, the country ranked 28th of 180 countries but it marked an improved rating in 2021, as it placed in the 25th position with a score of 68. [15] This score was maintained in 2022 but declined by one point in 2023. [16] For comparison with regional scores, the highest score among the countries of the Asia Pacific region [Note 1] in 2023 was 85, the average score was 45 and the lowest score was 17. [17] For comparison with worldwide scores, the best score in 2023 was 90 (ranked 1st), the average score was 43, and the worst score was 11 (ranked 180th). [18]

Notes

  1. Afghanistan, Australia, Bangladesh, Bhutan, Cambodia, China, Fiji, Hong Kong, India, Indonesia, Japan, Laos, Malaysia, Maldives, Mongolia, Myanmar, Nepal, New Zealand, North Korea, Pakistan, Papua New Guinea, Philippines, Singapore, Solomon Islands, South Korea, Sri Lanka, Taiwan, Thailand, Timor-Leste, Vanuatu, and Vietnam

References

  1. 1 2 Shiu-Hing Lo, Sonny. (2008). The Politics of Controlling “Heidao” and Corruption in Taiwan. Asian Affairs, 35(2), 59–79.
  2. "Dozens police questioned in corruption case - Taipei Times". www.taipeitimes.com. 2024-07-13. Retrieved 2024-11-15.
  3. 1 2 "Lo Fu-chu says he\'s innocent in fraud case - Taipei Times". www.taipeitimes.com. 2002-09-04. Retrieved 2024-11-15.
  4. "Report on judicial corruption 'lacking' - Taipei Times". www.taipeitimes.com. 2021-01-21. Retrieved 2024-11-15.
  5. 1 2 Aspinwall, Nick. "Taiwan Charges Five Politicians With Bribery, Sparking Criticism of Weak Lobbying Laws". thediplomat.com. Retrieved 2024-11-15.
  6. 1 2 Hioe, Brian (2020-06-26). "Ko Wen-je Accused of Reversing Course on the Taipei Dome's Construction". New Bloom Magazine. Retrieved 2024-11-15.
  7. Lin, Chang-shun; Ko, Lin (2024-07-19). "Taipei city councilor indicted over government contract corruption". Central News Agency (Taiwan) . Archived from the original on 2024-07-19. Retrieved 2024-11-15.
  8. 1 2 3 "Taiwan judges on corruption charges". BBC News. 2010-11-08. Retrieved 2024-11-15.
  9. TaiwanPlus News. “Number of corruption cases in Taiwan grows as KMT Legislator Arrested.” MSN. https://www.msn.com/en-us/news/world/number-of-corruption-cases-in-taiwan-grows-as-kmt-legislator-arrested-taiwanplus-news/vi-AA1pz1Tc?ocid=BingNewsSerp.
  10. 1 2 "Prosecutors detain seven suspected of energy corruption - Taipei Times". www.taipeitimes.com. 2024-08-25. Retrieved 2024-11-15.
  11. 1 2 Eastwood, Eiger Law-John; Hsiao, Heather (2020-08-19). "Corruption Laws in Taiwan". Lexology. Retrieved 2024-11-15.
  12. "Anti-Corruption in Taiwan". Global Compliance News. Retrieved 2024-11-15.
  13. Gobel, Christian. (n.d.). Anticorruption in Taiwan: Process Tracing Report.” AgainstCorruption.eu. https://www.againstcorruption.eu/wp-content/uploads/2015/05/Anticorruption-in-Taiwan-Process-Tracing-Report.pdf
  14. "The ABCs of the CPI: How the Corruption Perceptions Index is calculated". Transparency.org. 20 December 2021. Retrieved 27 November 2024.
  15. AAC. (2022). “A new record! Taiwan Jumps in Global 2021 Rankings on Least Corrupt Countries”. AAC. https://www.aac.moj.gov.tw/5791/5995/6013/937602/post
  16. Transparency International. (2024). Taiwan. Transparency International. https://www.transparency.org/en/countries/taiwan
  17. "CPI 2023 for Asia Pacific: Regional Stagnation Marked by Inadequate Delivery of Anti-corruption Commitments". Transparency.org. Retrieved 27 November 2024.
  18. "Corruption Perceptions Index 2023: Taiwan". Transparency.org. Retrieved 27 November 2024.