A case in which new Legislative Yuan Secretary-General Lin Hsi-shan (林錫山) is alleged by the Control Yuan to have violated the Civil Servant Services Act (公務員服務法) has cast a shadow over the relationship between the Control Yuan and the Legislative Yuan, two of the nation’s five branches of government.
Inter-branch conflicts should have been avoided under the concept of separation of powers as ascribed in the Constitution, but because of multiple constitutional amendments that gave the Legislative Yuan the power to ratify the president’s nomination of Control Yuan members, there is now a growing controversy over what used to be separated and counterbalancing powers.
The Control Yuan discovered that Lin’s declared assets in 2010 included NT$20 million (US$677,730) in Tingfung International Investment Ltd and the same amount in the emerging company of Tyson Bioresearch Inc.
According to the Control Yuan’s Department of Asset-Declaration by Public Functionaries, the total capital for Tingfung International Investment stood at NT$25 million and Lin’s shares in the company exceeded 9 percent, which was in violation of the Civil Servant Services Act.
Article 13 of the act stipulates that “no civil servant may manage or invest in businesses, but invested shares not exceeding 10 percent of the total capital of the invested company are excluded,” with article 22 and 24 also agreeing that while Lin is not a civil servant per se, under the law he is regarded as such.
Secretaries-general of the five government branches are specially appointed officers, meaning they are civilians, yet are appointed to the posting because of their expertise and are thus on the government payroll.
Control Yuan member Yeh Yao-peng (葉耀鵬) is assigned to investigate the case, but because of its sensitivity, Yeh said yesterday that he had not yet begun his investigation because he had not received the information.
Yeh said he would take care in processing the matter and refer to legal statutes and existing cases to see how to penalize Lin, adding that he was aware of the past controversy when the government watchdog investigated the legislature’s Budget Center.
“Whatever the result of his investigation, it will be based on the law,” Yeh added.
The incident Yeh mentioned occurred in 2009 when then-Control Yuan member Chen Chien-min (陳建民) produced an investigative report saying that an evaluation report by the Legislative Yuan on double-pay “fat cats” held “many questionable and debatable points,” compelling many lawmakers to accuse Chen of infringing on their legislative powers.
Chen at the time said he was merely making a suggestion and did not mean to infringe on the lawmakers’ legislative powers.
Translated by Jake Chung, staff writer
The first global hotel Keys Selection by the Michelin Guide includes four hotels in Taiwan, Michelin announced yesterday. All four received the “Michelin One Key,” indicating guests are to experience a “very special stay” at any of the locations as the establishments are “a true gem with personality. Service always goes the extra mile, and the hotel provides much more than others in its price range.” Of the four hotels, three are located in Taipei and one in Taichung. In Taipei, the One Key accolades were awarded to the Capella Taipei, Kimpton Da An Taipei and Mandarin Oriental Taipei. Capella Taipei was described by
EVA Airways today confirmed the death of a flight attendant on Saturday upon their return to Taiwan and said an internal investigation has been launched, as criticism mounted over a social media post accusing the airline of failing to offer sufficient employee protections. According to the post, the flight attendant complained of feeling sick on board a flight, but was unable to take sick leave or access medical care. The crew member allegedly did not receive assistance from the chief purser, who failed to heed their requests for medical attention or call an ambulance once the flight landed, the post said. As sick
The Taichung District Court yesterday confirmed its final ruling that the marriage between teenage heir Lai (賴) and a man surnamed Hsia (夏) was legally invalid, preventing Hsia from inheriting Lai’s NT$500 million (US$16.37 million) estate. The court confirmed that Hsia chose not to appeal the civil judgement after the court handed down its ruling in June, making the decision final. In the June ruling, the court said that Lai, 18, and Hsia, 26, showed “no mutual admiration before the marriage” and that their interactions were “distant and unfamiliar.” The judge concluded that the couple lacked the “true intention of
A drunk woman was sexually assaulted inside a crowded concourse of Taipei Railway Station on Thursday last week before a foreign tourist notified police, leading to calls for better education on bystander intervention and review of security infrastructure. The man, surnamed Chiu (邱), was taken into custody on charges of sexual assault, taking advantage of the woman’s condition and public indecency. Police discovered that Chiu was a fugitive with prior convictions for vehicle theft. He has been taken into custody and is to complete his unserved six-month sentence, police said. On Thursday last week, Chiu was seen wearing a white