The Control Yuan yesterday censured the Taipei City Government over its handling of the Taipei Dome, saying that its actions have undermined the partnership with Farglory Group (遠雄集團), which undertook the build-operate-transfer (BOT) project.
Farglory earlier this year asked the Control Yuan to investigate whether the city government’s suspension of construction at the Taipei Dome complex was legitimate.
An investigative report by Control Yuan members Wang Mei-yu (王美玉), Chang Kuei-mei (仉桂美) and Pao Tsung-ho (包宗和) censured the city government for repeatedly turning to the media to distribute information about its stance — including proposals to dissolve the BOT contract and the possibility of an interested third party taking over the project — saying this undermined the partnership with Farglory by ignoring the collaborative nature of the BOT project.
Photo: Fang Pin-chao, Taipei Times
The report said that the city government had “illegally” entrusted the Taipei Clean Government Committee, formed by Taipei Mayor Ko Wen-je (柯文哲), with the task to investigate possible illegalities in the project, because the committee’s purview, appointment and authority to investigate are not covered by existing laws.
Citing the Council of Grand Justices’ Interpretation No. 585, the report said there should be a special act in place if the investigation of a case must be entrusted to a party without legal investigative power, with the special act detailing party members’ purview, appointment, terms and qualifications.
However, citing Farglory’s deviations from the original construction plan that the city approved, the Control Yuan members said they found no improprieties in the work suspension order.
“Farglory Group, as the project contractor, arbitrarily changed the approved blueprint and altered the construction work, which gave rise to public safety concerns. For this, it has an unavoidable responsibility,” the report said.
Responding to the statement that the city had inappropriately resorted to the media, Taipei City Government spokesman Sidney Lin (林鶴明) said that the city disclosed detailed information on the latest project developments at news conferences because it is a high-profile public issue.
He said that the city values its partnership with Farglory and has met with the firm’s representatives numerous times since Ko assumed office.
However, given Farglory’s deviations from the construction plan, the city was fulfilling its responsibility as the project’s supervisor by suspending construction, adding that it would continue to handle the project under the BOT framework, Lin said.
The city hopes to engage in more face-to-face discussions to work out swift solutions to the project, he added.
He denied that the committee’s work was illegal, saying that it was formed in accordance with a bylaw governing the establishment of Taipei City Government agencies.
The committee is a consultancy unit for the city government, with its investigative right mandated by the city’s administrative power, Lin said, adding that the city government would report to the Control Yuan to clear any doubts over the committee’s legitimacy.
Farglory spokesman Jacky Yang (楊舜欽) praised the Control Yuan’s report, saying that the committee has neither the expertise nor the jurisdiction required to investigate the project.
The committee even went as far as to release its own investigative reports to the media, Yang said, adding that the firm is “powerless” against this “bully tactic.”
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