A Democratic Progressive Party (DPP) legislator proposed amending the Public Functionary Assets Disclosure Law (公職人員財產申報法) yesterday to criminalize falsifying property disclosures in the wake of the money-laundering allegations that have engulfed former president Chen Shui-bian (陳水扁).
DPP Legislator Chai Trong-rong (蔡同榮) told a press conference he would propose that people who conceal property should face a maximum prison sentence of one year.
Officials whose assets increase in a year by more than double their yearly income and who are unable to explain the discrepancy should face a sentence of between one and seven years, he said.
Chai said a stronger Public Functionary Assets Disclosure Law would prevent corruption.
The DPP will also propose a bill governing unclear sources of officials’ property, he said, adding he hoped the Chinese Nationalist Party (KMT) would support the idea.
Deputy Minister of Justice Huang Shih-ming (黃世銘) said on Monday the Ministry of Justice was mapping out measures governing unclear property resources and would submit its proposal to the legislature.
Asked for comment yesterday, Legislative Speaker Wang Jin-pyng (王金平) agreed on the need to amend the Public Functionary Assets Disclosure Law, but stressed the importance of deliberating Chai’s proposal during cross-party negotiation sessions before the legislature finalizes a “reasonable” amendment.
KMT caucus deputy secretary-general Wu Yu-sheng (吳育昇) said he supported making it a crime for public officials to lie about their assets, but added he believed it was more important to amend the Statute for the Punishment of Corruption (貪污治罪條例) to require officials to explain to a court how he or she could support a luxurious lifestyle on a modest income.
Failure to do so should be considered proof of corruption, Wu said.
Lawmakers have tried to amend the statute before.
In 2006, the People First Party (PFP) caucus tried to do so after the campaign led by former DPP chairman Shih Ming-teh (施明德) to oust Chen from the presidency.
The PFP sought to impose criminal punishment on officials who failed to or refused to explain how they could afford an extravagant lifestyle on their declared income.
The PFP proposal failed because party caucuses could not reach a consensus on the bill, even though it had been waived a first reading.
KMT Legislator John Wu (吳志揚) initiated a similar proposal this spring.
His proposal said any government official who failed to or refused to explain how he or she managed to accumulate wealth could face up to three years in prison and a fine of up to NT$10 million (US$318,000).
The bill went to a preliminary review by the Judiciary and Organic Laws and Statutes Committee on May 29, but did not clear the legislative floor before the legislature went into recess last month.
KMT caucus secretary-general Chang Sho-wen (張碩文) said on Sunday that the caucus had to put aside Wu’s bill because many budget requests related to living standards needed to be dealt with first.
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