The High Administrative Court in Greater Taichung yesterday rejected a request by four house owners in Dapu (大埔) in Miaoli County’s Jhunan Township (竹南) to halt the pending demolition of their homes by the county government. The court ruled that the demolition would not constitute “irreparable damage” as the residents claimed.
The four families said their forced relocation would not only infringe on their rights of property and residence, but also degrade their dignity as well as infringe on their rights of family, privacy and living.
However, the court said that if the families were forcibly removed and relocated, only the houses and other material things would be damaged.
The families could be compensated financially for this damage, the court said, adding that the families’ views, attachment and sentiments regarding the houses and land did not comply with the legal definition of “irreparable damage.”
In accordance with the Administrative Appeals Act (行政訴訟法), reasons for appeals to stop forcible relocation and demolition must meet the definitions of “irreparable damage” or “matters of emergency,” it said.
In response to the court ruling, Thomas Chan (詹順貴), a Taiwan Rural Front member and an attorney who represents the four families, said that although the ruling did not surprise him, he was surprised that it seemed to be based on the belief that “money is everything.”
“The court ruling is telling people that human rights have a monetary value and taxpayers’ money can make up for government mistakes,” Chan said. “I wonder if the judges would rule the same way if it were their own houses that were to be demolished.”
Separately yesterday, Democratic Progressive Party (DPP) lawmakers said the central government should not evade its legal responsibility for the controversial demolition plans by delegating the decision to a local government.
The Ministry of the Interior is the responsible agency for state-authorized land expropriation, and the Land Expropriation Act (土地徵收條例) and the Urban Planning Act (都市計畫法) stipulate that all urban planning plans require approval from the Executive Yuan, DPP Legislator Yu Mei-nu (尤美女) told a press conference in support of the four Dapu families’ rights to keep their houses.
“That was why the central government, including officials such as President Ma Ying-jeou (馬英九), Vice President Wu Den-yih (吳敦義) and Premier Jiang Yi-huah (江宜樺), should shoulder the responsibility for this controversial case,” she said.
The demolition order for July 5, issued by the Miaoli County Government, was briefly suspended three years ago by Wu, who, as premier at the time, pledged to keep the houses intact. However, the central government still left the decision to the county government after a meeting convened by Wu last week.
Miaoli County Commissioner Liu Cheng-hung (劉政鴻) insisted the houses would be demolished to make way for a science park.
“To some extent, the central government’s indifference has encouraged Liu’s act of inciting division between residents of the village as well as the Miaoli County Council’s plan to mobilize those residents in favor of the demolition to protest in Taipei,” Dapu Farmers’ Self-Help Association spokeswoman Yeh Hsiu-tao (葉秀桃) said.
DPP Legislator Lin Shu-fen (林淑芬) said Liu asked the farmers to “cooperate” with the county government because it has been under tremendous financial pressure over a NT$4.5 billion (US$151 million) loan from the central government.
“The county government is trying to legitimize its real-estate speculation by demolishing people’s houses for government gains,” she said.
Additional reporting by Loa Iok-sin
RETHINK? The defense ministry and Navy Command Headquarters could take over the indigenous submarine project and change its production timeline, a source said Admiral Huang Shu-kuang’s (黃曙光) resignation as head of the Indigenous Submarine Program and as a member of the National Security Council could affect the production of submarines, a source said yesterday. Huang in a statement last night said he had decided to resign due to national security concerns while expressing the hope that it would put a stop to political wrangling that only undermines the advancement of the nation’s defense capabilities. Taiwan People’s Party Legislator Vivian Huang (黃珊珊) yesterday said that the admiral, her older brother, felt it was time for him to step down and that he had completed what he
Taiwan has experienced its most significant improvement in the QS World University Rankings by Subject, data provided on Sunday by international higher education analyst Quacquarelli Symonds (QS) showed. Compared with last year’s edition of the rankings, which measure academic excellence and influence, Taiwanese universities made great improvements in the H Index metric, which evaluates research productivity and its impact, with a notable 30 percent increase overall, QS said. Taiwanese universities also made notable progress in the Citations per Paper metric, which measures the impact of research, achieving a 13 percent increase. Taiwanese universities gained 10 percent in Academic Reputation, but declined 18 percent
CHINA REACTS: The patrol and reconnaissance plane ‘transited the Taiwan Strait in international airspace,’ the 7th Fleet said, while Taipei said it saw nothing unusual The US 7th Fleet yesterday said that a US Navy P-8A Poseidon flew through the Taiwan Strait, a day after US and Chinese defense heads held their first talks since November 2022 in an effort to reduce regional tensions. The patrol and reconnaissance plane “transited the Taiwan Strait in international airspace,” the 7th Fleet said in a news release. “By operating within the Taiwan Strait in accordance with international law, the United States upholds the navigational rights and freedoms of all nations.” In a separate statement, the Ministry of National Defense said that it monitored nearby waters and airspace as the aircraft
UNDER DISCUSSION: The combatant command would integrate fast attack boat and anti-ship missile groups to defend waters closest to the coastline, a source said The military could establish a new combatant command as early as 2026, which would be tasked with defending Taiwan’s territorial waters 24 nautical miles (44.4km) from the nation’s coastline, a source familiar with the matter said yesterday. The new command, which would fall under the Naval Command Headquarters, would be led by a vice admiral and integrate existing fast attack boat and anti-ship missile groups, along with the Naval Maritime Surveillance and Reconnaissance Command, said the source, who asked to remain anonymous. It could be launched by 2026, but details are being discussed and no final timetable has been announced, the source