Jailed legislators cannot take office, minister says

Minister of Justice Chen Ding-nan (陳定南) yesterday said the law supported his view that newly elected lawmakers who are in jail may not take their seats in the legislature.

The minister said on Sunday, regarding convicted criminal and newly elected independent lawmaker Yen Ching-piao (顏清標), that he doubted whether such lawmakers would be entitled to take their oaths of office, which would prevent them from taking their seats.

"First of all, according to the Law on Execution of Prison Punishment, prisoners are only allowed to be escorted to the hospital for medical treatment or to funerals for family members," he said yesterday. "It is impossible for a detainee to be escorted to take an oath of office. That is the law and I don't think Yen's case is any exception.

"Secondly, only re-elected incumbent lawmakers have the right to seek the approval of a majority of legislators to allow them to take the oath at a location other than the Legislative Yuan, and only in extreme circumstances. Yen is a lawmaker-elect, not a lawmaker yet. He doesn't have that right."

However, Chang Ching-tsung (張慶宗), Yen's attorney, said that he will continue to apply for bail for Yen, who was convicted of graft and attempted murder in August. Convicted prisoners may continue to apply for bail while their appeals against conviction are pending.