Premier Wu Den-yih (吳敦義) yesterday threw his support behind the Central Taiwan Science Park Development Office’s decision that companies at its Phase 3 Zone be allowed to continue operating despite a court ruling demanding the suspension of development projects.
Wu rebutted criticisms that the government was setting a bad example by disobeying a court order and that this could result in a constitutional crisis.
Saying his decision was based on the Judicial Yuan’s Interpretation No. 589, which highlights the importance of the “principle of legitimate expectations,” Wu said this principle forms part of the fundamental law that governs the country.
“It would be a constitutional crisis if the principle of legitimate expectations was not upheld,” he said.
Interpretation No. 589 was issued by the Council of Grand Justices on Jan. 28, 2005, to settle a dispute on the constitutionality of Article 10 of the Act Governing the Recompense for the Discharge of Special Political Appointees (政務人員退職撫卹條例), which stipulates that political appointees with a defined term of office in independent institutions can only choose a lump sum pension instead of a monthly pension.
“After the promulgation and implementation of an administrative regulation, if the authority that instituted or promulgated the regulation amends or repeals the regulation according to legal procedure, it should also take into account the protection of the legitimate expectations of the regulated party,” the interpretation says.
“If the regulated party has apparently acted objectively in response to the facts constituting the legitimate reliance during the period of the implementation of the regulation, thus creating the basis of reliance, and the party has the benefit that is worthy of protection, the party should then be protected by the principle of legitimate expectation,” it says.
The Taipei High Administrative Court on July 30 ordered a halt to the expansion projects at the science park’s Phase 3 Zone in Taichung County’s Houli Township (后里), citing its failure to complete an environmental impact assessment.
AU Optronics has an 8th-generation (8G) fab operating at the site, and another 8G fab that is currently undergoing equipment installation. Sunner Solar Co has also begun operations.
The Environmental Protection Administration and the National Science Council, the administrative agencies that oversee development projects at the science park, on Monday filed an appeal against the ruling on Houli Township and another appeal against the ruling on the science park’s Phase 4 Zone in Changhua County’s Erlin Township (二林).
On Tuesday, the government agencies decided to suspend public infrastructure work at the site, but said the two firms in the Phase 3 Zone could continue operating.
Wu said the decision was also based on the general legal principle in which bona fide third parties — in this case, AU Optronics and Sunner Solar — should be exempt from court rulings.
This principle, which protects the operations of third parties from being suspended because of court rulings, supports the government’s decision, and should remove doubts that the decision might shake public confidence in the administration.
Taiwan is to have nine extended holidays next year, led by a nine-day Lunar New Year break, the Cabinet announced yesterday. The nine-day Lunar New Year holiday next year matches the length of this year’s holiday, which featured six extended holidays. The increase in extended holidays is due to the Act on the Implementation of Commemorative and Festival Holidays (紀念日及節日實施條例), which was passed early last month with support from the opposition Chinese Nationalist Party (KMT) and Taiwan People’s Party. Under the new act, the day before Lunar New Year’s Eve is also a national holiday, and Labor Day would no longer be limited
COMMITMENTS: The company had a relatively low renewable ratio at 56 percent and did not have any goal to achieve 100 percent renewable energy, the report said Pegatron Corp ranked the lowest among five major final assembly suppliers in progressing toward Apple Inc’s commitment to be 100 percent carbon neutral by 2030, a Greenpeace East Asia report said yesterday. While Apple has set the goal of using 100 percent renewable energy across its entire business, supply chain and product lifecycle by 2030, carbon emissions from electronics manufacturing are rising globally due to increased energy consumption, it said. Given that carbon emissions from its supply chain accounted for more than half of its total emissions last year, Greenpeace East Asia evaluated the green transition performance of Apple’s five largest final
Taiwan is to extend its visa-waiver program for Philippine passport holders for another year, starting on Aug. 1, Minister of Foreign Affairs Lin Chia-lung (林佳龍) said on Friday. Lin made the announcement during a reception in Taipei marking the 127th anniversary of Philippine independence and the 50th anniversary of the establishment of the Manila Economic and Cultural Office (MECO) in Taiwan, the Ministry of Foreign Affairs said. The decision reflected Taiwan’s commitment to deepening exchanges with the Philippines, the statement cited Lin as saying, adding that it was a key partner under the New Southbound Policy launched in 2016. Lin also expressed hope
Temperatures in New Taipei City’s Sindian District (新店) climbed past 37°C yesterday, as the Central Weather Administration (CWA) issued heat alerts for 16 municipalities, warning the public of intense heat expected across Taiwan. The hottest location in Taiwan was in Sindian, where the mercury reached 37.5°C at about 2pm, according to CWA data. Taipei’s Shilin District (士林) recorded a temperature of 37.4°C at noon, Taitung County’s Jinfeng Township (金峰) at 12:50 pm logged a temperature of 37.4°C and Miaoli County’s Toufen Township (頭份) reached 36.7°C at 11:40am, the CWA said. The weather agency yesterday issued a yellow level information notice for Taipei, New
RSS