The Act Governing the Handling of Ill-gotten Properties by Political Parties and Their Affiliate Organizations (政黨及其附隨組織不當取得財產處理條例) is filled with clauses that are unconstitutional, Chinese Nationalist Party (KMT) Chairwoman Hung Hsiu-chu (洪秀柱) said yesterday, adding that the KMT would file for a constitutional interpretation by the Council of Grand Justices regarding the implementation of the act.
However, the KMT would first request a constitutional interpretation on the Law of Interpretation Procedures For Grand Justices (司法院大法官審理案件法), which states that a request for an interpretation may be filed only if one-third of incumbent legislators sign a petition, Hung said.
The Legislative Yuan has 113 seats, of which the KMT holds 35. According to the current law, the KMT needs at least 38 signatures to file for an appeal.
Photo: Chien Jung-fong, Taipei Times
Hung said that the KMT plans to ask the council to make an exception for the party, which would then enable it to file another request for the council to make a constitutional interpretation of the ill-gotten properties act.
“The Democratic Progressive Party [DPP] government claims that the [ill-gotten properties] act is a part of the implementation of transitional justice, but it is only a political move to destroy the KMT and install themselves as the sole, uncontested, political party in Taiwan,” Hung said.
“The DPP said the act was based on Taiwan being a nation ruled by law and used East Germany as an example of how the party expected the act to handle the KMT’s assets, but it is only an attempt to cover up the unconstitutional clauses in the act,” she said.
“East Germany was a Soviet Union-backed Communist autocracy and lacked democratic legitimacy in the first place, and after the reunion of the two Germanys into modern Germany, there was ample reason to handle the party assets under the Socialist Unity Party of Germany,” she added.
However, Hung said that Taiwan’s democratic constitutional order has not been interrupted since the Republic of China (ROC) announced the implementation of its Constitution in 1947, under which the DPP has been elected to the presidency twice and there have been three alternations of political power since 2000.
KMT Evaluation and Discipline Committee Chairman Liu Han-ting (劉漢廷) said that despite the unorthodox method the party is taking to request constitutional interpretations, the 1,125th interpretation given on Sept. 10, 1999, said that while parties and individuals could not request a constitutional interpretation until all other judicial options have been exhausted, if the facts surrounding the incident are clear and the incident is clearly related to the Constitution, the council could accept individual requests for interpretations.
Hung said that the KMT has pointed out at least 10 items in the act that it believes are unconstitutional, adding that the KMT hopes the Council of Grand Justices will accept the party’s petition in order to protect Taiwan’s democracy.
DELUSIONAL: The male patient said he did not know that the woman had mental problems, but the court said that her being restrained in isolation should have given him pause The Taiwan High Court has ordered the Jhudong branch of the Taiwan National University Hospital and a male patient to jointly pay a former female patient’s family NT$400,000 in compensation after the man had sex with the woman, who has mental problems, while hospitalized. The 26-year-old woman has been diagnosed with a mental disorder, a symptom of which is that she obsessively seeks to have sex, her mother said. The mother filed a formal complaint and sought damages from the hospital and the male patient surnamed Chen (陳) after finding out that her daughter had sex with the man while
The Taiwan Railways Administration (TRA) should not use the government’s disease-prevention policy as an excuse to block people’s access to the Taipei Railway Station’s main hall, the Taiwan International Workers’ Association said yesterday. The association held a protest at the station after what organizers said were about 400 people staged a sit-in on Saturday to demonstrate against the TRA’s proposal to ban sitting on the floor of the main hall. In accordance with the Central Epidemic Command Center’s disease-prevention measures, large gatherings have been banned in the hall since the end of February. After protesters yesterday expressed their grievances at the southern
SEEKING OPTIONS: A Sinyi Realty corporate realty official attributed the spike to proposed legal changes in the territory and the ongoing pro-democracy protests More Hong Kongers purchased real estate in Taiwan last year than other foreigners, Ministry of the Interior statistics showed. The ministry attributed the spike to a proposed extradition law that the Hong Kong government submitted last year, which would have allowed suspects to be sent to China and other nations, which sparked mass protests that are continuing. The rate of purchases last year by Hong Kong natural and juridical persons stood at 40 and 60 percent respectively, with building area purchased by both standing at 47.41 percent and 52.59 percent respectively, ministry data showed. Department of Land Administration statistics showed that Hong Kongers
NEW RECRUITS: Nearly 9 million students are to graduate from university next month, and Beijing plans to use incentives to convince them to join the military, an analyst said Rising unemployment in China due to the COVID-19 pandemic could benefit the Chinese People’s Liberation Army (PLA) by allowing it to attract new, better educated recruits, a Taiwanese security researcher said on Friday. Chen Ying-hsuan (陳穎萱), a policy analyst at the Division of Chinese Politics and Military Affairs at the Institute for National Defense and Security Research, a government-funded think tank, made the remarks in an article published in the Defense Security Biweekly magazine. About 8.74 million university students are expected to graduate in China next month, while Chinese companies’ demand for fresh graduates fell 16.77 percent annually in the