The Ill-gotten Party Assets Settlement Committee yesterday said that a Taipei High Administrative Court ruling that questions the constitutionality of the Act Governing the Handling of Ill-gotten Properties by Political Parties and Their Affiliate Organizations (政黨及其附隨組織不當取得財產處理條例) would not affect its operations.
The ruling was handed out on Monday on three separate cases filed by the Chinese Nationalist Party (KMT), Central Investment Co (中央投資) and Hsinyutai Co (欣裕台) on Nov. 18, 2016, which asked the court to revoke the committee’s finding earlier that month that the two companies are affiliates of the party.
The committee later ordered the KMT to transfer to the government all rights to its shares in the two companies on Nov. 29, 2016.
Photo: Chen Yu-fu, Taipei Times
The court said in its ruling that it would request a constitutional interpretation from the Council of Grand Justices, as it found that several articles in the act, on which the committee based its decision, could potentially contradict the Constitution.
“The court hereby rules that all legal proceedings for the cases be suspended until a constitutional interpretation on the matter is issued,” the court said.
The committee criticized the ruling, saying in a statement yesterday that the court did not express in any form its concerns that the act could be unconstitutional during preparations for the cases, nor did it ask the committee about the act’s applicability.
“That the court chose to abruptly suspend legal proceedings in the cases after the completion of the preparatory process, citing the need for a constitutional interpretation, has stripped the committee of a chance to make its argument and severely undermined its procedural interest,” the committee said.
The act, passed by the Legislative Yuan on July 25, 2016, was designed to ensure a level playing field for political parties and to stop further interference by illegitimately obtained party assets in the nation’s democratic elections, it said.
By identifying the two companies as KMT affiliates, the committee said it ensured that their assets are frozen and that the party would no longer be able to utilize its illegitimately acquired money, ensuring fair competition in the political arena.
Stressing that the ruling would not affect its operations, the committee said that while the council deliberates the matter, it would continue to fulfill its duties in accordance with the law.
“We will not fail the people,” it said, adding that it would appeal the ruling.
Asked for comment, KMT Administration and Management Committee director Chiu Da-chan (邱大展) quoted Confucius’ saying that “virtue is not left to stand alone. He who practices it will have neighbors.”
“It seems that not even the presiding judge can stand the committee’s doings,” Chiu said.
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