Mystery of the Missing ? Chief Engineer

1. SERIOUS DISCREPANCIES BETWEEN REPORTED NEWS STATEMENTS OF
OFFICIALS AND INDICTMENT BY PROSECUTOR IN TOSA CASE
Ser. Reported News Indictment Remarks
1 MOFA Pages 10 to 11: 1. “Mayday” was sent out at about
confirms “The fact that Captain 2351 hours 16 April 2009 - how is it
sinking of Ho Hsi-Chuan of the possible that the Coast Guard’s
Taiwanese fishing boat Shin Tomg Maritime Patrol Directorate General
fishing vessel Chyuan No. 86 sent out a received it only at 0038 hours or 0047
Mayday by way of
http://www.taip hours on 17 April 2009? What was
wireless radio at the
eitimes.com/Ne happening from 2351 hours 16 April
moment when the
ws/front/archive accident happened” 2009 to 0047 hours 17 April 2009?
s/2009/04/18/20 Was Fishery Communications Radio
03441397 Page 13: Station of the Su-Ao District unable
Jenny W. Hsu “Important reporting to contact Coastguard?
and Jimmy records of Fishing Boats,
Chuang kept by the Fishery 2. Prosecutor has said the time of first
STAFF Communications Radio distress call was 0000 hours on 17
REPORTERS, Station of the Su-Ao April, by Fishery Communications
Taipei Times District Fishermen Radio Station, not even a hint to the
Saturday, Apr Association, at 00:00 on English media in Taiwan after filing
18, 2009, Page April 17, 2009. The fact of the Indictment?
that the fishing boat Shin
1:
Tomg Chyuan No. 86 was
3. Assume for a moment that the
hit and overturned by
Hansen Hsu, TOSA at the aforesaid vessel capsized at 0000 hours near to
spokesman for time and place.” incident location 25° 46.232'N 123°
the Coast 05.186'E. Location of recovery of
Guard’s Page 6: vessel is 25 50’N 123 08’E, a good
Maritime Patrol “At 00:47, April 17, the 4.54 nautical miles away (at its 6
Directorate Coastal Patrol knots full speed) a full 40 minutes
General, said Directorate General away. This may point to capsize of
"Coast Guard (under the Coast Guard fishing vessel only around 0030
received news Administration of the hours. Possible scenario: since Shin
of the incident Executive Yuan) received Tomg Chyuan No. 86 was closely
at 12:38am the accident report, set followed at all times by Shin Tomg
up an emergency
yesterday" Chyuan No. 82 the 11 crew members
response center, and
were immediately rescued after
promptly dispatched
patrol cruiser Lien- capsize around 0030 hours 17 April
Chiang of the Northern 2009. Thereafter (at 0038 hours) the
Sector Flotilla, cruiser first distress call was sent out by Shin
RB02 of the Keelung Tomg Chyuan No. 82 and received by
Flotilla, and cruisers Coastguard (as finds a mention in The
6001 and 10023 of the China Post 18 April 2009) by 0038
Su-Ao Flotilla to the hours (as finds a mention in Taipei
scene of the accident” Times 18 April 2009).

2. 2 MOFA Page 6: 1. The sailors were rescued by Shin
confirms “At 00:30 next Tomg Chyuan No. 82 at 0030 hours
sinking of morning, the 11 according to Prosecutor but the boat
Taiwanese sailors, namely Chen sank at 0043 hours according to
fishing vessel Chi-Ming, Sun Shih- Association for East Asian Relations
Jenny W. Hsu Chou, Trisukasih, Secretary-General Peter Tsai, 5
and Jimmy Magadia Arvin minutes after receipt of information
Chuang Andaya, Tasiwan, of its “collision” at 0038 hours by the
Taipei Times Magadia Fernando Coastguard as per reported statement
Apr 18, 2009, Jrandaya, Rasiwan, of Hansen Hsu, spokesman for the
Page 1: Asroni, Muktarudin, Coast Guard’s Maritime Patrol
Adikin, and Directorate General. Did the fishing
Association for Taufikurrohman were vessel take 13 minutes to sink after
East Asian rescued by Shin Tomg the fishermen jumped off around
Relations Chyuan No. 82 fishing 0030 hours or did it take 53 minutes
Secretary- vessel in the vicinity of to sink after “collision” with the
General Peter the scene of the Tosa?
Tsai, "fishing accident”
boat .... sank at 2. Shin Tomg Chyuan No. 78 fishing
about 12:43am vessel and Shin Tomg Chyuan No.
yesterday 82 fishing vessel were in the vicinity
morning." of Shin Tomg Chyuan No. 86 fishing
vessel, all 3 owned by Chen Wen-Li
from 2350 hours 16 April 2009 till
0043 hours 17 April 2009. The
Coastguard confirms no distress call
was made by any of these three boats
till 0038 hours 17 April 2009.
3. Coast guards Page 3: These facts make it almost certain
searching for “two other vessels, that the first distress call was sent by
crewmen from namely Taiwan Shin Tomg Chyuan No. 82 at 0038
capsized boat registered fishing boats hours on 17 April 2009 and was not
The China Post, Shin Tomg Chyuan No. only picked up by Taiwan Coastguard
April 18, 2009 82 (Target 1 for short) but also Japan NAVTEX and Japan
“The accident, and Shin Tomg Chyuan Coastguard. It is practically
which took No. 86 (Target 2 for incontrovertible proof that accident
place ..shortly short), had been took place around 0038 hours 17
after midnight .. manually locked as April 2009 only and not at 2350 hours
the result of a targets.” on 16 April 2009. Japan Coastguard
collision reached the site 25 50’N 123 08’E at
between … 0215 hours 17 April 2009 while
Hsin Tung Taiwan Coastguard reached the site
Chuan No. 82, 25 50’N 123 08’E at 0247 hours. The
and a cargo prosecutor has alleged “collision”
vessel, the took place at site 25° 46.232'N 123°

3. officials said.” 05.186'E.
4 Three Page 4: 1. The 2nd Officer has reported that
Panamanian “Shin Tomg Chyuan after taking evasive action at 2350
sailors indicted No. 86 was sucked by hours he observed the lights of the
Jimmy Chuang the current created by fishing vessel (Shin Tomg Chyuan
Taipei Times the trail left behind by No. 86) for upto 30 minutes after
Jul 18, 2009, TOSA and then hit by 2350 hours 16 April 2009 and that it
Page 2: the billows generated proceeded steadily away having
Hsueh Chih-yu, by TOSA” passed Tosa at a distance of about 3
the prosecutor cables.
in charge of the Page 13:
investigation “The fact that the 2. This time difference also ties in
said, “He did fishing boat Shin Tomg with the 4.54 nautical miles between
not send any Chyuan No. 86 was hit alleged “collision” spot (25°
SOS message and overturned by 46.232'N 123° 05.186'E) and the
and did not stop TOSA at the aforesaid capsize spot. (25 50’N 123 08’E)
[the vessel] to time and place (25°
rescue the 46.232'N 123° 3. The timings of distress calls also
Taiwanese 05.186'E)” ties in with the premise that a second
fishermen incident occurred 40 minutes later
whose boat was that caused capsize 30 minutes later
hit and sunk by and sinking within about 13 minutes
the Tosa." by 0043 hours 17 April 2009.
5 Three Page 14: Prosecution has shifted its stand on
Panamanian “The Criminal Code, jurisdiction from territorial waters to
sailors indicted Article 4 expressly Criminal Code Article 4.Decisions
Jimmy Chuang provides: If the act or the regarding jurisdiction are to be taken
outcome of a crime strictly in consonance with Criminal
Taipei Times
committed occurs within Procedure Code, Chapter II
Jul 18, 2009,
the territory of the JURISDICTION OF COURTS, Articles
"Hualien .. 4 to 16 and not the Criminal Code Article
Republic of China, the
Chief place in which the crime 4. Taiwan Criminal Procedure Code
Prosecutor is committed shall be Article 5, “If an offense is committed on
Huang Yi-chun deemed the territory of a vessel or an aircraft of the Republic of
said the three the Republic of China. China outside the territory of the
Panamanian Victim Hsu Tsung-Wen Republic of China, the court of the place
sailors would was killed inside a where the vessel is registered or from
be punished Taiwanese vessel which the aircraft departed or landed
according to because of a criminal act after the commission of the offense shall
committed by these three also have jurisdiction.” This applies
Taiwan’s
defendants, and thus the onboard a vessel flying the flag of
Criminal Code
criminal act should be Taiwan and could not be extended to any
because the vessel flying the flag of Panama upon the
regarded as committed
incident within the territory of the high seas. Surrounding circumstances of
occurred in Republic of China illegal detention on high seas do not
Taiwan’s pursuant to the Criminal inspire confidence that fair and proper
territorial Code, Article 3, second decision on jurisdiction would be given
waters." half.” under said Article 5 (in consonance with

4. international law in the facts and
circumstances of this case.)
6 Three Page 13: A number of well directed internet
Panamanian “chief engineer Hsu searches failed to turn up even one news
sailors indicted Tsung-Wen of the item on recovery of body of Chief
Jimmy Chuang fishing boat Shin Tomg Engineer Hsu Tsung-Wen. In an article
datelined 19 April 2009 "Investigation
Taipei Times Chyuan No. 86 fell into
turns up dirt on foreign-owned freight
Jul 18, 2009: water and drowned ship" Taipei Times, Taiwan reported,
when the said accident "Officials from the Maritime Patrol
“Hsin Tung- happened. ” Directorate General under the Coast
chuan 86 Guard Administration said a Japanese
captain Ho Hsi- Page 16: diver combed the interior of the sunken
chuan (何西川) “chief engineer Hsu ship on Friday evening but did not find
and chief Tsung-Wen who was the missing men." After the Japanese
engineer Hsu confined to the cabin diver who searched the vessel reported
and drowned” that there were no bodies inside it the
Chung-wen (許 vessel was finally recovered and brought
聰文) went Page 9: to port on 1 May 2009. In an article
missing after datelined 6 May 2009 "CGA confirms
“a task force of the
the boat sank Panama vessel hit fishing boat" The
Coast Guard China Post, Taiwan also did not report
approximately Administration found
41km off the recovery of any body including that of
the corpse of Hsu Chief Engineer Hsu Tsung-Wen from the
Diaoyutai Tsung-Wen in the recovered vessel. In an article datelined
islands and engine room 18 July 2009 "Three Panamanian sailors
have been entrance.” indicted" Taipei Times, Taiwan reported
presumed “Hsin Tung-chuan 86 ..chief engineer
dead.” Hsu Chung-wen went missing after the
boat sank .. presumed dead.” Out of the
hat of the prosecutor now comes the
report of the prosecutor that:
(1) chief engineer .. fell into water and
drowned when the said accident
happened (Page 13)
(2) chief engineer .. was confined to the
cabin and drowned (Page 16)
(3) a task force of the Coast Guard
Administration found the corpse of Hsu
Tsung-Wen in the engine room
entrance!!! (Page 9)