Philippines Vs Taiwan... Troubled Waters

Here is the detailed description of the 3 page Incident report by the Philippine Coast Guard as reported by Manila Bulletin.

Even with the Philippine Coast Guard's own account of the incident, the commanding officer of the MCS-3001 should be charged with at minimum for manslaughter for ordering the shooting and failing to ensure no one was hurt before fleeing the scene.

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PCG describes Balintang Channel incident - 'like a scene from an action movie'

By Leonard D. Postrado

Published: May 16, 2013

The way the Philippine Coast Guard (PCG) described the May 9 shooting of Taiwanese fishermen off the coast of Balintang island was like telling a scene out of an action movie: a government vessel precariously dodging two fishing boats that tried to sink the law enforcer's ship as they engaged the bad guys in a high seas chase.

A three-page, incident report of the PCG that was obtained by the Manila Bulletin from a PCG insider showed how the Taiwanese fishermen violently and dangerously tried to evade their arrest after they were caught poaching at the sea located some 39 nautical miles off Bantayan Island.

The report, which was corroborated by a video on the maritime incident in Balintang Channel last May 9 that resulted to the death of a 65-year-old Taiwanese fisherman, was among the documents submitted by the PCG to the National Bureau of Investigation (NBI) since the bureau commenced its investigation on Wednesday.

“One of the Taiwanese vessel maneuvered to ramp our starboard bow. This unit executed reverse [gear] to avoid collision,” said the PCG report.

Based on the report, the MCS-3001, a 35-meter vessel jointly manned by the Coast Guard and personnel from the Bureau of Fisheries and Aquatic Resources (BFAR), set sail in the northern part of Batanes last May 8, 2013, to conduct seaborne patrol and monitoring control and surveillance against illegal fishing.

The following day, the PCG-BFAR spotted several radio beacon with two floating buoy markers some 39 nautical miles, east of Balintang Islands. They suspected that the buoys were long lines of Taiwanese fishing vessels. Soon after spotting the buoys, the PCG-BFAR was able to find the location of the Taiwanese fishing boats.

They claimed that the Taiwanese fishermen had resisted to stop from their tracks while local sea authorities repeatedly fired warning shots in mid-air and blared their vessel's horn at the foreigners.

“While on meeting situation, this unit then sounded warning through PA system and blow horn for the Taiwanese fishing vessel to stop for the conduct of fishing.. [The PCG] fired warning shots to alert the fishing vessel until the fishing vessel stopped and one of the crew of the fishing vesseel went outside,” the PCG said.

But when the MCS-3001 vessel of PCG-BFAR was almost alongside of one of the fishing boat named Guang Ta Hsin-28, the PCG claimed that the engine of the Taiwanese vessel whirred to life, and the boat manuevered backward before speeding forward and it almost collided with the government ship's stern.

The patient Philippine authorities fired another round of warning shots but the Taiwanese vessel resisted to stop and engaged the PCG-BFAR in a high-speed sea chase. As a result, the commanding officer of the MCS-3001 ordered to open fire at Guang Ta Hsin-28 to disable its engine but accidentally killed Taiwanese fisherman named Hung Shih-cheng.

“To stop the fishing vessel, this unit announced to fire for effects the engine side section of said Taiwanese fishing vessel to immobilize her [boat] and stop her [boat] engine,” the report said.

While chasing after Guang Ta Hsin, the PCG-BFAR spotted at least two, new unidentified boats - one white and one gray – and this prompt them to disengage from their chase and leave as they were already outnumbered.

Meanwhile, a Department of Justice (DOJ) source, who refused to be named for the lack of authority to speak, confirmed that the NBI had already interviewed at least five to seven BFAR personnel who were with the PCG during the May 9, 2013 high-sea shooting incident.

The source said that the testimony of BFAR personnel will be useful in order for probers to determine the truthfulness of the three-page report submitted by the PCG and on whether the Coast Guard observed the so-called rules of engagement.

“Very crucial ang testimony nila kasi what we will know from them what could be the basis of the coast guard to fire at the Taiwanese. BFAR owned the vessel but the Coast Guard manages it so the PCG is in control at the time of the incident,” the source explained.

The source also confirmed that the NBI has already asked more or less than 15 PCG personnel to appear before the bureau today in order to give their seperate statements.

On Wednesday, the National Bureau of Investigation (NBI) said they have started a fact-finding investigation on the death of a 65-year old Taiwanese fisherman who was shot dead personnel of the Philippine Coast Guard (PCG) last week after their fishing vessel strayed into Philippine territorial waters.

NBI Director Nonnatus Caesar Rojas said the composite team made up of agents, technical people, forensic experts and lawyers is headed by NBI Deputy Director for Regional Operation Services Atty. Virgilio Mendez.

“We have to do this investigation as fast as we can, We are ready with this. All out ang effort dito and this would involve as many bureau personnel and as much resources as we can in order to finished this as soon as possible to come up with a credible and exhaustive result,” Rojas told reporters yesterday afternoon.

As a fact-finding probe, Rojas said the team would investigate the circumstances surrounding the incident , the reason why the death happened and other surrounding circumstances and other matter related to the case.

He said they have already made preliminary discussions with the PCG on the investigation and that the PCG Commandant Rear Admiral Rodolfo Isorena has assured them of their cooperation.

“As far as the NBI is concerned we would do a credible, exhaustive, honest-to-goodness investigation and we are also very thankful to the PCG that they have signified this early their full cooperation and support,” he added.

For his part, Mendez said they have made a request to the PCG for the turn-over of the firearms of the Coast Guard personnel on board the patrol craft that figured in the incident with the Taiwanese fishing vessel at Balintang Channel near Batanes in extreme Northern Luzon.

Killed the incident was Hung Shih-cheng. His son-in-law and an Indonesian fisherman were also on board the vessel “Kuang Ta Hsing No.28 when the shots were fired.

“That is the action that we initially took. We made a formal request for documents and the turn-over of firearms,” Mendez said adding that they were assured by Isorena of their cooperation.

He said they also asked the PCG to furnish them the list of the crew of the patrol craft and pictures and videos of the incident if there are.

Mendez also said that they are prepared to send a team to Taiwan if they will be able to acquire the necessary clearance so that they can also take a look at the fishing vessel and interview their crew.

There are currently 87,000 OFWs Taiwan, mostly working in the electronics and textile industry sectors, and labor authorities said nearly 2,000 new applications are submitted monthly.

Two years ago, Taiwan also temporarily expanded the screening period for OFWs and threatened to freeze hiring over a diplomatic row sparked when Manila deported Taiwanese nationals involved in a scam to China.
 
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Jeff Head

General
Registered Member
Here is the detailed description of the 3 page Incident report by the Philippine Coast Guard as reported by Manila Bulletin.

Even with the Philippine Coast Guard's own account of the incident, the commanding officer of the MCS-3001 should be charged with at minimum for manslaughter for ordering the shooting and failing to ensure no one was hurt before fleeing the scene.
I'm not buying that report.

Why would a fishing trawler, which is smaller than the 35 m Coast Guard Cutter, stop and then when the cutter is near, try to ram it? This makes no sense. They could not out run or out gun the cutter. There is no record here or anywhere else of the fishermen firing on the cutter.

Then you have this:

PCG Report said:
“We have to do this investigation as fast as we can, We are ready with this. All out ang effort dito and this would involve as many bureau personnel and as much resources as we can in order to finished this as soon as possible to come up with a credible and exhaustive result,” Rojas told reporters

So, they want to do the report as fast as possible to come to as credible a story as possible? How about just coming out with the truth?

Their own report makes it clear they shot on unarmed fishermen, killing one. The idea that the fishing vessel tried to ram and either damage or sink the Coat Guard cutter makes no sense to me.
 

leibowitz

Junior Member
yup.... at some point, ego and blind nationalistic fervor will overcome any logical or even moral judgement. Unfortunately I think PH as a country has gone past that point. Even if some high level PH officials genuinely do believe that the PH side was the aggressor and wrongly fired at the fishing boat, they have collectively since gone past the point and that any government officials saying sorry and proceed to give a measly couple hundred grand to the fisherman's kin would be viewed as a pariah, weakling and 'apologist'.

It would be political suicide!! or depending on where or what state they come from maybe even a life or death situation for that unfortunate politician.

If I were PH I would just meet secretly with the TW officials and see if they could do this behind close doors.

Not likely - Ma Ying-jeou has a 14% approval rating so he's going to need to make any PH concession as public and noisy as possible. Plus, he has the domestic moral mandate, international sympathy, and the hard power advantage, so he doesn't need to budge one inch for Aquino here. I wouldn't be surprised if the Taiwanese coast guard started asserting de facto control over the disputed EEZ, backed by ROCN assets lying just outside the disputed waters and armed with standoff weaponry. If Ma did that, he would score a huge domestic political gain for virtually no risk as the Philippines has no effective recourse to such an approach, either via diplomacy or military force.
 

kwaigonegin

Colonel
Not likely - Ma Ying-jeou has a 14% approval rating so he's going to need to make any PH concession as public and noisy as possible. Plus, he has the domestic moral mandate, international sympathy, and the hard power advantage, so he doesn't need to budge one inch for Aquino here. I wouldn't be surprised if the Taiwanese coast guard started asserting de facto control over the disputed EEZ, backed by ROCN assets lying just outside the disputed waters and armed with standoff weaponry. If Ma did that, he would score a huge domestic political gain for virtually no risk as the Philippines has no effective recourse to such an approach, either via diplomacy or military force.

I don't disagree with you... I was just projecting from the standpoint of the PH... I didn't say Taiwan is going to accept but if the Aquino government don't ask then of course Taiwan would be none the wiser and Philliipines would surely lose this one.
At the end of day day people are still people. Humility goes a long way. Instead of being belligerent, the Aquino government should stand down and just give a gunuine apologize. At this point in time I don't think this is much about money, who is right or who is wrong anymore but about defiance and power trip with a big dash of political survival and blind patriotism.

It doesn't matter if Taiwan was asking for a single dollar all they want is for someone to say they're sorry instead of playing this childish games of what I call a 'non-apology' apology.
 
Manila's handling of this incident can only be described as INCOMPETENCE. They are so used to playing the victim and can no longer act maturely and with decency. The time to own up and conscientiously take responsibility have passed. They are playing a childish game of "which version of apology can I get away with without taking responsibility".

Is the Philippine Government interested in the Truth?

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| Updated May 16, 2013 - 10:00pm

By Leonard D. Postrado

Published: May 16, 2013


The Department of Justice (DOJ) on Thursday rejected a proposal for a joint Taiwan-Philippines investigation into the May 9 Balintang high-seas shooting incident that resulted in the death of a Taiwanese fisherman.

Speaking to reporters, Secretary Leila de Lima quickly gave her disapproval over suggestions for the conduct of a joint Taiwan-Philippines probe on death of Taiwanese fisherman Hung Shih-cheng, who was killed when a patrolling Philippine Coast Guard – Bureau of Fisheries and Aquatic Resources (PCG-BFAR) open fired at their boat near the coast of Bantayan Island, since the proposal will violate the country's laws.

“Gusto ba nila ng joint investigation? Malabo yun (They want a joint investigation? That's not possible). I don't think we can agree to a joint-investigation because we are a sovereign country. We have our own processes. We have our own justice system,” Sec. de Lima explained.

“Nagko-conduct na nga tayo ng sarili nating imbestigasyon. We would not want na may mag-iinterfere sa imbestgigasyon na yan ng NBI (We are conducting our own investigation. We would not anyone to interfere with the investigation of the NBI),” she said.

Last Thursday, the Philippine Coast Guard reportedly sprayed bullets at a Taiwanese fishing boat as maritime authorities tried to stop them from fleeing from the area near the Balintang island.

PCG commandant Rear Admiral Rodolfo Isorena maintains that the PCG gave several warning to the Taiwanese fishermen but the smaller fishing boat did not respond to the warning and even tried to ram the vessel of the Philippine maritime agency.

As a result, the commanding officer of the MCS-3001 ordered to open fire at Guang Ta Hsin-28 to disable its engine but accidentally killed Taiwanese fisherman named Hung Shih-cheng

The National Bureau of Investigation (NBI), an agency under the Department of Justice (DOJ), has been tasked to investigate the shooting to determine who should be held liable for the fisherman's death.

As the NBI starts its probe, Sec. de Lima stressed that the Taiwan government could not just send its investigators to the Philippines to conduct an investigation.

She explained that it would be a "protocol" for the Taiwanese investigators to channel their request through the Manila Economic and Cultural Office (MECO), the Philippines’ representative office in Taiwan that was established in 1975.

"Hindi na sila puwedeng pumunta dito basta-basta (They cannot just show up here uninvited). They have to go through certain channels. They have to make the appropriate request."



.
 
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joshuatree

Captain
Here is the detailed description of the 3 page Incident report by the Philippine Coast Guard as reported by Manila Bulletin.

Even with the Philippine Coast Guard's own account of the incident, the commanding officer of the MCS-3001 should be charged with at minimum for manslaughter for ordering the shooting and failing to ensure no one was hurt before fleeing the scene.

But when the MCS-3001 vessel of PCG-BFAR was almost alongside of one of the fishing boat named Guang Ta Hsin-28, the PCG claimed that the engine of the Taiwanese vessel whirred to life, and the boat maneuvered backward before speeding forward and it almost collided with the government ship's stern.

The patient Philippine authorities fired another round of warning shots but the Taiwanese vessel resisted to stop and engaged the PCG-BFAR in a high-speed sea chase. As a result, the commanding officer of the MCS-3001 ordered to open fire at Guang Ta Hsin-28 to disable its engine but accidentally killed Taiwanese fisherman named Hung Shih-cheng.

“To stop the fishing vessel, this unit announced to fire for effects the engine side section of said Taiwanese fishing vessel to immobilize her [boat] and stop her [boat] engine,” the report said.

If this report is accurate of the Philippine's account, then these few short paragraphs are major holes in the story.

- If GTH 28 was alongside MCS-3001, what happened to that other fishing boat the govt vessel was "precariously dodging" as per the beginning of the article?

- So supposedly GTH 28 backs up and then moves forward. The wording isn't specific enough to indicate when the supposed near collision happened if GTH was backing up or moving forward. However, since they described the MCS-3001 as patiently firing warning shots and then persuing, how did GTH 28 ever end up getting bullet holes at the bow?

- Where's the video already? A week later and no video but just a lot of words stating there is video.

Lastly, where does the Philippines get off thinking they are entitled to looking at the fishing vessel and interviewing the crew when they have not shown their PCG boat and are playing games on whether the Taiwanese side can investigate and interview?

As for de Lima's rationale that if Taiwanese investigators were there, it would somehow compromise sovereignty or their process, that's bravo sierra, having observers would only strengthen transparency.
 
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Player 0

Junior Member
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Found a blog that shows that HKers admire Ma's firm stance and are disgusted by Hu Jintao's lackluster response to the hostage crisis.

This should be an important lesson, Xi has a strong military and legal background, so hopefully he knows how to be both assertive and crafty at the same time.
 

Preux

Junior Member
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Found a blog that shows that HKers admire Ma's firm stance and are disgusted by Hu Jintao's lackluster response to the hostage crisis.

This should be an important lesson, Xi has a strong military and legal background, so hopefully he knows how to be both assertive and crafty at the same time.

Right. One blogger with a chip the size of Texas on his shoulder, quoting that rabidly pro-Chinese rag Apple Daily and a bunch of facebook quotes represent HKers now. Why don't we leave the political commentary out of this thread?

Besides which, the situations aren't analogous. The 2010 incident was caused by the actions of a criminal and subsequent incompetent government response, this one was the result of direct government action. This is a non-trivial difference under the common law system, one is a tort of negligence or perhaps criminal negligence, the other is manslaughter or worse.
 

T-U-P

The Punisher
Staff member
Super Moderator
Registered Member
Just a warning to everyone: don't throw racist comments around no matter whose side you are on!
 

solarz

Brigadier
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Found a blog that shows that HKers admire Ma's firm stance and are disgusted by Hu Jintao's lackluster response to the hostage crisis.

This should be an important lesson, Xi has a strong military and legal background, so hopefully he knows how to be both assertive and crafty at the same time.

Ma is acting tough, but if we examine his measures (as opposed to simply reading the headlines), we find them to be inexplicably lacking in teeth.

The TW market for oversea PH workers is less than 1%. The "ban" is a freeze on *new* visa applications. Unless it is maintained over several years, it has very little effect on PH economy.

The ROCN has stated that they will arrest the ship that fired on the TW fisherman. However, that is clearly an empty boast. As another forumite has pointed out earlier, PH can simply reassign that ship to another patrol area.

If the ROCN really wanted to apply pressure to PH, they could easily have announced that they will arrest *any* PCG ship they come across. That would have gotten far more attention from the Aquino regime than 30 waves of "sanctions".

So why isn't TW taking the obvious route? Why all these "waves" of sanctions that amount to nothing more than hand-waving?

Mainland media should not be praising Ma. They should be pointing out these obvious flaws.
 
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