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Borough-warden vote not our concern, say justices

Yang Ren-shou, secretary-general of the Judicial Yuan, elaborates on the constitutional interpretation made by the Council of Grand Justices during a press conference yesterday on the postponement of Taipei City's borough-warden elections. PHOTO: SEAN CHAO, TAIPEI TIMES

The Council of Grand Justices yesterday ruled that the issue of the legality of the postponement of Taipei City's borough-warden elections in June is not a constitutional issue. It ruled that if either the city government or central government still wishes to pursue the case, it must file suit at the Taipei Administrative High Court within 30 days.

In Interpretation Article 553 the justices ruled: "The council is responsible for cases that may be against the Constitution. This case concerns the Local Government System Law (地方制度法), rather than the Constitution," said Yang Ren-shou (楊仁壽), the secretary-general of the Judicial Yuan. "Let me remind you ? there is no winner or loser in this interpretation. The Taipei Administrative High Court will decide the case, if either party files a case within 30 days from now."

If the court finds for the central government, the city government will face administrative penalties, but the rescheduled borough-warden elections, now due in January, would proceed as planned.

"Not only has it infringed on residents' rights but it has also discredited democracy, law and order."

Chuang Suo-hang, Cabinet spokesman

The Taipei City Government filed for constitutional interpretation in May this year as a result of the Ministry of the Interior's decision to revoke Taipei City's postponement of its borough-warden elections.

The Executive Yuan yesterday said the Taipei City Government should admit that it neglected its duty.

"The Taipei City Government's postponement of its borough-warden elections was a wrong, illegal decision," said Cabinet spokesman Chuang Suo-hang (莊碩漢) at a press conference held to address the Executive Yuan's position on the council's ruling. "The Taipei City Government ought to take legal and political responsibility for neglecting its duty."

The Ministry of the Interior, the nation's highest body in charge of local governments, could file suit against the Taipei City Government, said Chuang.

"Political responsibility will be in the hands of the public and the Taipei City Council," Chuang added.

He said that the Taipei City Government's decision to turn to the Council of Grand Justices for a constitutional interpretation had rendered illegal both the extension of the tenure of current borough wardens and the postponement of the ninth borough-warden election.

"We regret that, because of the Taipei City Government's incorrect decision, society as a whole has to pay a great price," Chuang said.

"Not only has it infringed on residents' rights but it has also discredited democracy, law and order," he added.

But the Taipei City Government said that the Executive Yuan should respect the autonomy of the local government.

The director of Taipei's Bureau of Civil Affairs, Lin Cheng-hsiou (林正修), said at a press conference that "the central government should respect the local government's judgment, which is part of self-governance at the local government."

The city government had claimed that, under Article 83 of the Local Government System Law, elections for borough wardens could be postponed should any "special incidents" occur.

Reacting to the Executive Yuan's charge that Taipei City had breached legal procedure by filing for a constitutional interpretation without first taking the case to the Taipei Administrative High Court first, Lin said "It's the Cabinet that has broken the law first, by not giving Taipei City an explanation and simply revoking the city's decision."

But Lin said the city is unlikely to file suit as the borough-warden elections will be held on Jan. 4 after being rescheduled.

A nation-wide borough-chiefs election was held on June 8.

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