Fri, Apr 13, 2007 - Page 4 News List

Liu points to flaw in suspension procedure

By Shelley Shan  /  STAFF REPORTER

Liu Kung-chung (劉孔中) yesterday said there was a major flaw in the administrative order issued by the Executive Yuan that temporarily suspended his capacity as member of the commission after it accused him of illegally hiring a family member as his personal driver.

Liu showed two official documents from the Executive Yuan to the press.

One, issued on Tuesday, was an official administrative order demanding that Liu leave. The other, issued on Wednesday, required him to defend himself within seven days of receiving the administrative order, if he chooses to do so.

According to the Administrative Procedure Law (行政程序法), the Executive Yuan has to give a person an opportunity to defend himself or her staff before it can issue any official order. Liu implied that the Executive Yuan, by missing a crucial step in the process, didn't follow established procedure.

Liu said he had yet to decide whether to make a formal defense since it would give the Executive Yuan an opportunity to claim it followed all the legal procedures.

Liu said he felt sad and disillusioned when Premier Su Tseng-tsang (蘇貞昌) denied earlier that he had known him and another NCC commissioner, Wu Chung-chi (吳忠吉). Wu was accused of the same charge as Liu.

"I followed Su around to give speeches as two tangwai [黨外] dissidents during my senior year in college," Liu said, "Back then, he earned my respect for being a pioneer of democracy, and then he said he did not know us."

Liu and Wu claimed their family members became chauffeurs through a private contractor recruited by the commission to provide transportation services for members. Thus, the Civil Servant Work Act (公務人員服務法) did not apply in their cases, they said.

The Executive Yuan's order suspended their authority as well as their salary of both commissioners.

NCC spokesperson Howard Shyr (石世豪) said that although only seven members can participate in the meetings, the meeting regulations listed under the NCC Organic Law state that members who fail to participate for any reason will not be counted in the number required for a quorum.

In response, Cabinet spokeswoman Chen Mei-ling (陳美玲) said the Cabinet had issued a notice to the NCC on Feb. 14, requesting explanations from Lui and Wu. The NCC had responded to it, Chen added.

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