Former Pacific Distribution Investment Co chairman Lee Heng-lun (李恆隆), a key figure in the Pacific Sogo Department Store investigation, on Aug. 1 was brought in by the Taipei District Prosecutors’ Office for a second round of questioning. Aked about allegations that he bribed legislators, Lee said: “This is a creditor-debtor relationship. It is natural to see loans and payments.”
Lee’s statement on live television sealed the fate of legislators Su Chen-ching (蘇震清), of the Democratic Progressive Party (DPP), and Chen Chao-ming (陳超明) and Sufin Siluko (廖國棟), of the Chinese Nationalist Party (KMT), who have been questioned by prosecutors in the probe related to Lee’s 2013 legal battle with Far Eastern Group for control of Pacific Sogo.
The case has sent shock waves through the nation.
It has also raised questions over what conduct should be deemed corruption when representatives fulfill voters’ requests: Are they simply acting on behalf of voters or are they committing a crime when a quid pro quo relationship is involved? What does the Criminal Code say about the crime and its punishment?
Paragraph 3, Article 5 of the Anti-Corruption Act (貪污治罪條例) defines corruption as “demanding, taking or promising to take bribes or other unlawful profits by an act that belongs to the official duties.”
Under the Constitution, people can file administrative appeals or complaints, which are received by representatives on behalf of government agencies. If lawmakers are simply forwarding complaints, such conduct cannot be deemed as related to their official duties and should not be treated as corruption.
Former Hsinchu County councilor Lin Jeng-chun (林礽俊), former DPP legislator Kuo Wen-cheng (郭玟成) and former Taichung City Council speaker Chang Hung-nien (張宏年) were accused of graft, but court rulings found them not guilty because their actions were not directly related to their “official duties.”
Since July 2013, courts have viewed corruption cases from the perspective of “substantial power of influence,” as shown in Supreme Court rulings involving former minister of transportation and communications Kuo Yao-chi (郭瑤琪) and former Taoyuan representative Weng Chen-fu (翁振富).
The court ruled that if certain actions are related to an accused’s official duties and are substantially under their power of influence — such as exerting pressure through interpellation or budgets cuts — then they should be found guilty of corruption.
Former DPP legislator Gao Jyh-peng (高志鵬) in 2006 assisted real-estate agents to rent land belonging to the National Property Administration by lobbying its deputy director. The Supreme Court ruled that he had exercised substantial power of influence, found him guilty of corruption and sentenced him to four years and six months in prison.
However, the definition of “substantial power of influence” is vague, and court rulings based on it are open to criticism.
The “legal authority” of legislators and public representatives is different from that of administrative officials. Upon receiving complaints, legislators and public representatives often convene meetings or question government agencies, which would exert pressure upon agencies and officials. When such conduct is regarded as “exerting substantial power of influence,” the spirit of representative democracy is compromised.
After the detention of Su, Chen and Sufin, it is time for lawmakers across party lines to amend the Legislators’ Conduct Act (立法委員行為法), “the sunshine laws” and the Lobbying Law (遊說法).
Bentham Lee is a professor at Chinese Culture University’s College of Law.
Translated by Chang Ho-ming
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