Letter to the Control Yuan

5/22/2002 3:48 PM
Subject: Fax sent to CYBCC: Ray Dah-tong ,
Paul Chow

22 May 2002

To the Chairman of the Control Yuan:

I am sending this fax regarding the abuse of my rights at National Cheng
Kung University in Tainan. You are by now familiar with this case, but I
will sum up the main points here.
In early 2001 I won a Ministry of Education appeal against the university,
awarding me my contract and back pay.
Although I have filed official complaints to your agency and to other
agencies in Taiwan,
I have yet to receive a contract or back pay.
Instead, the case has been chased along from one agency to another to no
lawful effect.
Please understand, if Taiwan is to engage with the international community,
it must represent law, which means the enforcement of laws.
Taiwan citizens are protected by laws in my country, as well as other
countries that espouse democracy.
I believe it is your legal responsibility to enforce laws protecting the
rights of American citizens in Taiwan. Simply chasing this case from one
agency to another is not enough. It seems clear to me what must be done if
Taiwan is to prove itself as a nation of laws. It must enforce the Ministry
of Education Appeal decison in my favor. It is apparent at this point that
this can only be done by dismissing university administrative officials who
continue to defy, or otherwise delay, enforcement of the lawful Ministry
ruling. This would include all university officials who are legally
obligated, according to the constitution, to abide by lawful rulings in
Taiwan. This may not be a pleasant task, but it is certainly a necessary
one, if justice, according to Taiwan laws, is to be enforced.
The university's defiance of both law and moral principle is an insult to
Taiwan as well as to the international community of academics.
First, it engaged in countless violations of law in order to effect my
dismissal in the first place;
Second, it is now in defiance of a lawful ruling (and subsequent warning
letters) from the Ministry of Education, the highest legal agency regulating
education in Taiwan;
Finally, regardless of the law, National Cheng Kung University is in
contempt of universal principles of fair play and good faith, upon which all
cultures establish their honor and decency. The university participated in
the appeal process from the very beginning. They never challenged the
legitimacy of the appeal process until AFTER the Ministry ruled in my
favor. No university in the world should be allowed to maintian its
institutional credibility in defiance of universally accepted moral
principles such as honoring one's word.
I respectfully remind you that both the Control Yuan and the Ministry of
Education must do what needs to be done to maintain law in Taiwan. Clearly
the time is past for negotations with National Cheng Kung University and
its derelict officials involved in obstructing the Ministry's lawful
ruling. I repeat: Taiwan citizens are protected by American laws; Taiwan
officials must protect American citizens in Taiwan, even if it means
dismissing officials at National Cheng Kung University in order to effect
legal protection of the rights of all academics in Taiwan, whether foreign
or native.
Sincerely,


Professor Richard de Canio
(06) 237 8626