Wed, Jul 14, 2004 - Page 3 News List

Committee `must be independent'

By Debby Wu  /  STAFF REPORTER

The special investigative committee to investigate the assasination attempt on the president might not be directed by the Control Yuan president, and Control Yuan members' participation might be restricted or excluded, academics said at a public hearing on the draft statute for the committee, held by the pan-blue caucuses yesterday.

The academics also reckoned that the statute was not in danger of violating the Constitution, since the committee did not intend to allow one power to violate the principle of seperation of powers of the five-power Constitution, but instead the committee was trying to "combine different powers together" to conduct a better investigation.

Former Control Yuan member Chai Tsung-chuan (翟宗泉) said that the Control Yuan members did not have the power to impeach the president, so the committees should not be held back by the Control Yuan.

"It is best to allow the legislature to nominate 10 legal experts, and let the Grand Justices Council choose five, and then the president can confirm their nominations," Chai said.

"The committee should be independent, and it should not belong to any government organization. The draft, however, stipulates that the Control Yuan is in charge of the committee, and this should be further discussed," Chinese Cultural University law professor Liu Chien-hung (劉建宏) said.

People First Party (PFP) Legislator Lee Ching-hua (李慶華), who is in charge of promoting the making of the statute for the PFP, said that the pan-blue caucuses wanted a committee based on the statute, which would bestow the committee with investigative powers, and the committee should function within the current administrative framework.

"This is different from the committee proposed by President Chen Shui-bian [陳水扁], with the chairman appointed by Chen," Lee said.

"The pan-blue caucuses now would either maintain our original proposal for the committee, or we would exclude the participation of politicians and officials, and instead we would have the caucuses recommend legal experts to participate in the committee and allow the members to choose the chairperson from among themselves," Chinese Nationalist Party (KMT) whip Tseng Yung-chuan (曾永權) said.

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