The Control Yuan is to carry out an investigation of National Security Council (NSC) Secretary-General King Pu-tsung (金溥聰), who has made controversial visits to intelligence units and police investigation agencies in recent months, that critics say infringe on others agencies’ jurisdiction.
Lin Hsien-tung (林憲同), the lawyer who filed the complaint against King to the Control Yuan requesting the watchdog to carry out an investigation, yesterday said he had received an official reply from the former Control Yuan president.
“Control Yuan president Wang Chien-shien (王建煊), on July 31, the final day of his tenure, sent a formal letter to the NSC requesting them to explain the details of King’s visits to these agencies, and asked about authorization for the visits and the legal basis for his actions,” Lin said.
“According to Article 2 of the Organic Act of the National Security Council (國家安全會議組織法), the NSC is an ‘advisory body’ to provide guidance and consultation to the Presidential Office on major policy directions,” Lin said. “This means the NSC is a type of assembly-meeting body, with the president acting as its chairman. When the president makes policies, decisions by NSC are used only for reference.”
That means the NSC is an “internal advisory body” and it does not have independent administrative authority over external functions, Lin said.
“There is a National Security Bureau [NSB], aside from the NSC. The NSC and the NSB operate at different levels in the government structure and have their own different functions. The two bodies must not be confused regarding their roles,” Lin said.
He said that the NSC secretary-general is mandated by the president to coordinate and provide guidance on NSC functions and supervise the council’s personnel, according to Article 6 of the Organic Act of the National Security Council.
“The NSC secretary-general does not have independent authority over the NSB, the National Police Agency, the Bureau of Investigation or other intelligence bodies. Therefore, King has no authority to make such visits to these agencies. What King did was in violation of the Constitution and he is sabotaging our governmental system,” Lin said.
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