DEATH OF A TAIWANESE FISHERMAN I.

Facts: On May 9 (Thursday) , Coast Guard officials shot fisherman Hung Shih-cheng (65 y/o) when the Taiwanese vessel he was working aboard allegedly tried to ram the PCG ship in disputed waters off Balintang Island in Batanes. (some 164 nautical miles off the southernmost tip of the island) PCG on board the MCS-3001opened fire in self defense under the threat of being rammed by the foreign vessel. Hung and three other crew (the crew consists of three Taiwanese and one Indonesian) were aboard the boat Guang Ta Hsin 28 President Benigno Aquino issued an apology last May 15 (Wednesday) through Manila Economic and Cultural Office (Meco). Taiwan rejected the apology because of the use of the words unfortunate and unintended. Philippine government refused to allow a joint investigation of the killing of Hung but agreed to a parallel or cooperative investigation. Aquino III refused to back down despite anger in Taiwan over the shooting death saying the government remained ready to defend its sovereignty. o What belongs to the Philippines belongs to the Philippines, and we can defend ourselves when ever someone tries to bully us within our own backyard, the President said during a speech to the officers and personnel of the Navy in Fort Felipe in Cavite City. Taiwan has already imposed 11 sanctions against the Philippines, including an immediate ban on the recruitment of Filipino workers, the recall of its representative in the Philippines, a redalert travel advisory for the Philippines, and the removal of the country from its visa-waiver program. There are about 90,000 Philippine nationals in Taiwan and 7,500 are married to Taiwanese, according to government statistics.

II. Two sides of the Story Taiwan Taiwanese investigators accused the Philippine government of failing to honor its agreement to conduct a joint probe. Manila's de facto ambassador Antonio Basilio had agreed to such a move in Taipei Taiwan Alleges murder: By combining the evidence it clearly shows that the Philippine law enforcers were intentionally shooting the Guang Ta Hsin 28 crew members, which indicates their intent of murder (based on the investigation conducted by Taiwan government) Philippines Aquino never authorized a joint investigation. De Lima concurs with the President. Government is now trying to look if Basilio exceeded on his power/authority. Malacaang rejected Taiwans allegations that Filipino coast guards had intentionally killed the Taiwanese fisherman. Results of NBI investigation still being awaited. NBI has concluded its probe and only the physical examination of the Taiwan fishing vessel remains to be done. The Filipino coast guards claimed that the

Captain of the Taiwanese fishing vessel, Hung Yu-

chi, disputed Coast Guard claims that they fired in self defense, saying he heard gunshots as the Philippine boat approached. Chen denied any intrusion, citing a voyage data recorder on the fishing boat.

Guang Ta Hsin 28 tried to ram their vessel but they managed to maneuver to avoid being struck. As the fishing boat sped away, they said, a shirtless man appeared on deck and gestured as if he was daring the Philippine vessel to come after his boat. The coast guards said they gave chase, firing at the boats engine to stop it. But they gave up the chase when they saw eight or 10 more fishing boats where the Guang Ta Hsin 28 was headed.

Fisherman died from a single gunshot wound on the neck. Hung was hit by a high-velocity bullet that was fired from a high-powered firearm, most likely a machine gun or a rifle. 45 bullet holes had been found on the fishing boat. Most of the bullets fired at Hungs boat hit the cockpit, where the crew took cover as the Filipino coast guards strafed the fishing vessel The shooting was no longer executing an official duty; this was cold-blooded murder. Chen said video taken by the fishing boat showed the incident happened within Taiwans territory and not in Philippine waters as the Filipino coast guards claimed

In their report on the encounter submitted to Rear Adm. Rodolfo Isorena, the coast guards said the incident happened near Balintang Island, well within Philippine territory. The shooting happened within Taiwans exclusive It occurred inside Philippine territorial economic zone. Taiwan's Fisheries Agency said waters. Happened near Balintang Island. the voyage data recorder from the fishing boat showed it was not in Philippine waters when it came under fire on May 9. Philippine authorities violated accepted customs of international law. According to the relevant regulations of the international maritime law, even if the Philippine law enforcers on MCS-3001 were conducting an official duty, they should follow the procedures of warning, dispelling, boarding and detaining the illegal vessel

III. On Territorial Sea and Exclusive Economic Zone In international law, according to Harry Roque, all ships have a right to "innocent passage" along territorial waters of other countries at 12 nautical miles from the baselines. However, fishing vessels should set aside their equipment to assure marine patrols that no illegal fishing was taking place. He said that even if the fishermen were indeed poaching on Philippine waters, the only reason for the Coast Guard to open fire at the Taiwanese vessel should be in self defense. He adds that firing at fishermen, otherwise, even if they are illegally exploiting Philippine resources, is against international law. Source: http://www.solarnews.ph/news/2013/05/17/expert-taiwan-can-t-compel-ph-onfishing-pact#.UZ0UTEqD4wo (UNCLOS) Article 17 - Right of innocent passage Subject to this Convention, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea. Article19 - Meaning of innocent passage 1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law. 2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities: (a) any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations; (b) any exercise or practice with weapons of any kind; (c) any act aimed at collecting information to the prejudice of the defence or security of the coastal State; (d) any act of propaganda aimed at affecting the defence or security of the coastal State; (e) the launching, landing or taking on board of any aircraft; (f) the launching, landing or taking on board of any military device; (g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State; (h) any act of wilful and serious pollution contrary to this Convention; (i) any fishing activities; (j) the carrying out of research or survey activities; (k) any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State; (l) any other activity not having a direct bearing on passage.

Article25- Rights of protection of the coastal State 1. The coastal State may take the necessary steps in its territorial sea to prevent passage which is not innocent. 2. In the case of ships proceeding to internal waters or a call at a port facility outside internal waters, the coastal State also has the right to take the necessary steps to prevent any breach of the conditions to which admission of those ships to internal waters or such a call is subject. 3. The coastal State may, without discrimination in form or in fact among foreign ships, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security, including weapons exercises. Such suspension shall take effect only after having been duly published. Article73 - Enforcement of laws and regulations of the coastal State 1. The coastal State may, in the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in the exclusive economic zone, take such measures, including boarding, inspection, arrest and judicial proceedings, as may be necessary to ensure compliance with the laws and regulations adopted by it in conformity with this Convention. 2. Arrested vessels and their crews shall be promptly released upon the posting of reasonable bond or other security. 3. Coastal State penalties for violations of fisheries laws and regulations in the exclusive economic zone may not include imprisonment, in the absence of agreements to the contrary by the States concerned, or any other form of corporal punishment. 4. In cases of arrest or detention of foreign vessels the coastal State shall promptly notify the flag State, through appropriate channels, of the action taken and of any penalties subsequently imposed.

Taiwan and Philippines exclusive economic zone overlaps at 164 nautical miles. Photo by CNA (Source: http://www.interaksyon.com/article/61402/taiwan-protests-to-philippines-overfishermans-death) Taipei releases ship satellite record, refuting Manila's claim it intruded into PH By: Agence France-Presse May 21, 2013 5:39 PM InterAksyon.com The online news portal of TV5 TAIPEI--Taiwan on Tuesday released a satellite record of the route of a fishing boat fired on by Philippine coastguards, flatly rejecting Manila's allegations that the boat intruded into Philippine waters.

The killing of crew member Hung Shih-cheng, 65, sparked outrage in Taiwan, which has announced a series of economic sanctions against the Philippines. Taiwan's Fisheries Agency said the voyage data recorder from the fishing boat showed it was not in Philippine waters when it came under fire on May 9. "The satellite records indicated that the Guang Ta Hsin 28 had been fishing within Taiwan's exclusive economic zone throughout," the agency's deputy chief Tsay Tzu-yaw told AFP. "Since the Philippine authorities repeatedly alleged that the fishing boat had intruded into their waters, then why not make public the video records they claim they have taken from the coastguard boat?" The Philippines said Monday it would make "coordinated efforts" with Taiwan to look into the incident. Its coastguards claimed that the fishing boat intruded into Philippine waters and tried to ram their vessel, forcing them to to open fire. Taiwan's President Ma Ying-jeou has termed the killing "cold-blooded murder" based on an initial inquiry by Taiwan, which showed that the boat had more than 50 bullet holes and showed no signs of ramming. The incident has sharply raised tensions between Taipei and Manila, sparking concern from Washington. Philippine Justice Secretary Leila de Lima said Monday a National Bureau of Investigation team would fly to Taiwan to examine the fishing boat and interview survivors. De Lima said the Taiwanese investigators would be given access to their evidence, including statements from the coastguard. Philippine President Benigno Aquino has personally apologised for the incident but Taiwan has rejected his apology and announced sanctions. These include a ban on the hiring of new Philippine workers, recalling its envoy and staging a naval drill in waters off the northern Philippines. Taipei has repeatedly pressed Manila to issue a formal government apology, to compensate the fisherman's family and to apprehend the killer. Philippine officials say the issue of a formal apology is complicated by the fact that Manila officially recognises Beijing over Taipei.