I. OVERVIEW OF THE INCIDENT
—-Republic of China (Taiwan) fishing vessel Guang Da Xing No. 28 (GDX 28) was attacked May 9 by a Philippine government vessel, resulting in the killing of fisherman Hong Shi-cheng, serious damage to the boat, and engine failure.
—-Contrary to the Philippine characterization, the GDX 28 did not ram its vessel and provoke the incident.
—-The Philippines used excessive force in carrying out law enforcement procedures, resulting in serious damage to the GDX 28, with 59 bullet holes found in the ship. Moreover, the Philippine vessel sailed away without offering assistance to the stricken boat, in violation of international law and a humanitarian duty.
—-The attack was carried out by a vessel belonging to the government of the Philippines.
II. PHILIPPINE “UNITENDED LOSS OF LIFE” CHARACTERIZATION UNACCEPTABLE
—-The investigation of the shooting of the GDX 28, and the killing of crew member Hong Shi-cheng, is ongoing. Therefore, it is inappropriate for the Philippines to characterize Hong’s death as “unintended.”
—-The ROC acknowledges the apology that the Philippines has made through Presidential Spokesperson Edwin Lacierda, and through dispatching the personal representative of the Philippine President to convey an apology to the family of slain fisherman Hong Shi-cheng, but the Philippine characterization of Mr. Hong’s death as an “unintended” loss of life is unacceptable.
—-The Philippine government vessel’s shooting of an unarmed fishing boat is an unconscionable, cold-blooded act of violence. No claim of self-defense can justifiably be made by the Philippines.
III. VIOLATION OF INTERNATIONAL LAW
—-The Philippine claim that the incident occurred in its exclusive economic zone (EEZ) is unfounded. The incident occurred in the two countries’ overlapping EEZs. -菲律賓宣稱事件發生在其專屬經濟海域內的說法毫無根據，該事件實則發生在兩國重疊專屬經濟海域內。
—-The Philippine government vessel’s excessive and unnecessary use of force in the overlapping EEZs violates international law and the UN Convention on the Law of the Sea. Such behavior cannot be tolerated by the international community.
—-The aforementioned Convention and relevant case law from the International Tribunal for the Law of the Sea have laid out proper due process, that is, what actions may be taken by a state while enforcing the law in its EEZ. —-Paragraph 1 of Article 73 of the Convention states that these are limited to boarding, inspection, arrest, and judicial proceedings.
—-Paragraph 3 of that same Article states that coastal states may not undertake corporal punishment, of which killing is the most extreme type. Shooting and killing are not allowed under any circumstances.
IV. EXCESSIVE USE OF FORCE
—-That law enforcement personnel on the Philippine government vessel opened fire with automatic weapons on an unarmed fishing vessel that was not provoking it is an unacceptable act of violence.
—-The attack and the killing of Mr. Hong are not in keeping with principles of proportionality.
—-As the attack was made by a Philippine government vessel, the government of the Philippines is responsible for the death of Mr. Hong. A public commitment to state compensation must be made by the Philippine government.
—-To date, the Philippine government has only expressed a willingness to offer “donations from its citizens” to the victim’s family. It has not spoken of accepting full responsibility and providing official compensation.
VI. CLAIMS OF RAMMING UNFOUNDED
—-ROC inspection of the Guang Da Xing No. 28 (G.D.X. 28) has found no evidence of ramming, claimed by the Philippines as their reasoning for shooting in self-defense. The Philippine government vessel involved is some six times the size of the G.D.X. 28, and thus that such an action would have occurred is scarcely conceivable.
VII. INCONSISTENCY IN PHILIPPINE GOVERNMENT POSITION
—-The ROC has received five different versions of a response from the Philippine government. This shows an inconsistency in the Philippine position, and suggests a lack of sincerity.
—-The ROC cannot accept such a perfunctory manner from the government of the Philippines.
VIII. MUTUAL LEGAL ASSISTANCE
—-In its responses to the ROC, the Philippines has committed itself to a thorough, exhaustive, impartial, and expeditious investigation.—-As per the provisions of the Agreement on Mutual Legal Assistance in Criminal Matters signed in April, the ROC urges the Philippine side to make arrangements for coordination between the Philippine investigation and the ROC investigation.
IX. ULTIMATE RESPONSIBILITY LIES WITH THE PHILIPPINE GOVERNMENT
—- The Philippine government should be held responsible for the death of Mr. Hong Shi-cheng, as the attack was carried out by a Philippine government vessel.
X. POSITION AND GOALS
—-The Republic of China is a peace-loving nation and a responsible stakeholder.
—-The ROC will protect its sovereignty, dignity, and overall interests, especially the fishing rights of our fishermen in overlapping EEZs.
—-The ROC has initiated 11 countermeasures, and will maintain them until it receives a more positive, concrete, and adequate response from the Philippine government concerning the ROC’s four demands.
—-The ROC has urged the Philippine government to begin talks on a fishery arrangement that will allow for orderly fishing operations to take place in overlapping EEZs, ensure the safety of our fishermen, and maintain regional peace and security.
XI. ASSURANCES TO THE FILIPINO COMMUNITY IN TAIWAN
—-We consider the Filipino people as our friends.
—-There are 87,000 Filipinos working and living in Taiwan. We call on our people to treat them well.
—-Our government will continue to provide a friendly environment for them.—————————————Philippines Govt. must apologize to Taiwan FORMALLY!
……my alarm clock these days.
for sherylkoizumi =)
Maybe RBR should think about hand-holding punishment……
……just for fun…
(* 艸 *)