Throwing his hat in the ring in the 1972 elections for the Legislative Yuan was the turning point for Hsiao Tien-tsan. At that time, Hsiao had been in the judiciary over ten years, but was still in a moderate position: senior judge and chief clerk of the Taichung district court of the Supreme Court. In his heart, Hsiao believed a man should have great ambitions, and room for advancement in the judiciary was not broad. With society becoming more pluralistic, Hsiao believed he could best put his legal training to use in law-making and representing the public. Despite cautions from his family, Hsiao went forward with his plan.

Since the ruling Kuomintang always had a policy of bringing along talented young Taiwanese, Hsiao, with his super-clean, fresh, and scholarly image, fit the bill, enabling him to stand out from the over thirty other candidates in his election district.

Hsiao's lack of a strong family background, weak financial resources, and simple, logical political views actually were assets in his emergence as the "virtuous scholar." Many old-timers in Chiayi politics said, "Most people who support Hsiao are 'iron votes,' and can't be won away even with bribes." This base enabled him to win re-election.

As a legislator, Hsiao often raised inter-pellations to strengthen the function of law or protect the rights of litigants. He attended nearly every session and was one of the most active members. He frequently went back to Chiayi to touch base with constituents, viewing himself as "a megaphone" for voters.

In 1979 Hsiao began party work, serving in turn as the Assistant Director of the Department of Organization Affairs, Director of the Department of Social Affairs, and Vice-Secretary General of the Policy Coordination Committee (all of these being sub-units of the Kuomintang Central Committee). His posts gave him important roles in election strategy, contact with private and religious groups, party-government coordination and harmonization in the Legislative Yuan, and in communication with the opposition. These tasks gave him considerable political resources and a time to show his stuff in the handling of interpersonal relations. But they also took time away from his duties in the Legislative Yuan, and he faced stiff competition in his running for a fourth term in 1983. Though he won a seat, his vote dropped 60,000 down to 90,000 ballots. Hsiao was urged by his friend, legislator Hwang Tse-ching, to get out of electoral politics because of the increasing influx of financially well-backed candidates.

In 1985 Hsiao got his reward for his party labors: he was asked to serve as Minister without Portfolio in the Yu Kuo-hwa cabinet. This made him the first supplementary legislator to receive a cabinet post.

Soon after taking his post, the KMT Central Standing Committee announced its Six Major Political Reforms. With his legal background, Hsiao soon found himself in the thick of legislative work on new election laws, the National Security Law, and other central concerns of the reform program. "In those two years, I lost eight kilos," he notes; aside from his morning swim, he abandoned all leisure activities.

During this time Hsiao was often judged to be "conservative" by outsiders. For example, he stoutly opposed permitting demonstrations in front of the Legislative Yuan and wanted inspections for entry and exit of Taiwan to be done by public security organs. "Some say I'm 'conservative,' but I don't completely accept that. I believe I am 'prudent.' My considerations toward any law are to make it conform to central level policy and to enable the country to gain the maximum benefit," Hsiao explains. Witnessing events like 1987's "June 12 incident" in which violence erupted between demonstrators from different groups can't but make him "prudent" in looking at related major laws.

In the process of moving toward a democratic rule of law, the importance of legal talent is on the rise. But none--whether scholars or practicing lawyers--have as complete experience as Hsiao. And with political "localization," his Taiwan origin is another asset. It seemed only a matter of time before he would succeed his former National Taiwan University classmate Shih Chi-yang as Minister of Justice. Which is what happened in the wake of the Thirteenth Party Congress of the KMT.

Compared with the twelve Ph.D.'s in the cabinet, Hsiao, who does not have his doctorate, is a bit short in comparing resumes. But he rose up by election, and has a public base and appeal which puts him ahead of others. As an election veteran, Hsiao has a better feel for the real mood of society, and more channels to get wind of the trends in public opinion. For example, Hsiao well understands the problems of litigants and has demanded his subordinates prepare better for cases and be timely for the convenience of the public. But can his public base bring headaches? He laughs, "There's the pressure of personal relationships."

"Law is the root, democracy the flower," Hsiao stresses. Democracy and the rule of law are two sides of the same coin. If the people want to enjoy democracy, they must respect the law. If someone openly challenges the law, the Ministry of Justice will enforce it. This happened earlier this year with the controversial prosecution of Kaohsiung City Councilor Chen Kwang-fu. Says one reporter at the ministry, "Minister Hsiao does not pass the buck."

But Hsiao does not advocate "using the extreme provisions of the law" to deal with disorder. Little crimes should not be raised, sentences should be moderate, and perpetrators given a chance to reform. Hsiao is also pressing Shih Chi-yang's Six Year Prison Administration Reform aimed at guiding prisoners to start over with programs like modernized job training.

Another important role of the Ministry of Justice is as "legal advisor" to the other ministries. Hsiao urges his subordinates to be like "staff"--less talk, more action. Numerous questions about the legal aspects of mainland policy are now on the ministry's plate: What if a visitor from one side to the other gets in legal trouble? What is the definition of a Communist Party member? What about inheritance by family members on the other side of the straits? Already a "Research Committee for Legal Problems Between the Two Sides" has been convened.

In a society where action is to be guided by law, Hsiao's appointment is a case of skill finding its appropriate position. He is confident he can perform well this crucial role.

[Picture Caption]

From judge to legislator to party official to Minister without Portfolio to Minister of Justice, Hsiao Tien-tsan's official career path has been smooth and steady.

Hsiao has kept up his daily morning swim for many years, uninter-rupted by weather or official duties.

A Hsiao family portrait.

A Hsiao family portrait.

Hsiao has kept up his daily morning swim for many years, uninter-rupted by weather or official duties.