The Yu Chang Biologics Co case does not fit any of the legally defined cases for the “revolving door clause” in the Civil Servants Work Act (公務員服務法), former civil service minister Chu Wu-hsien (朱武獻) said on Wednesday.
The Chinese Nationalist Party (KMT) claims the Yu Chang case represents a violation of the revolving door clause in the Civil Servants Work Act because Democratic Progressive Party (DPP) presidential candidate Tsai Ing-wen (蔡英文) became chairperson of Yu Chang in September 2007, but only stepped down as deputy premier in May.
The Ministry of Civil Service has repeatedly said the matter should be defined by the Executive Yuan, while the latter says it is “not at liberty” to define the law as the ministry is in charge of implementing the act.
Chu said the ministry provided a general explanation of the revolving door clause in 1996, adding that there were four main legal situations in which an act could be recognized as violating the clause. Violation of the revolving door clause is a criminal offense and the definition of that offense is very rigid, as it must meet four pre-requisites, Chu said.
Civil servants are in violation of the act if, within three years of leaving their post, they take up a profit-seeking role at any company that they had dealings with within five years prior to leaving the post, Chu said, adding that “organizations related to the job” refer to profit-seeking organizations over which the government has authority.
The role at the profit-seeking organization must be one that involves direct supervision — for example, the civil servant worked at the governmental department that has authority over the profit-seeking organization within five years of joining the profit-seeking organization.
It applies only if the position is that of “chairperson, supervisor, manager, stockholder in charge of executing company business or consultant” of the profit-seeking organization.
The Biotech and New Pharmaceutical Development Statute (生技新藥產業發展條例) clearly states that the governmental organization in charge of the biotech sector is the Ministry of Economic Affairs, Chu said, and in the five years prior to leaving her position as deputy premier Tsai never had a job at the ministry.
In no way did Tsai chairing Yu Chang Biologics Co violate any legal statute or act, Chu said.
Translated by Jake Chung, staff writer