Suspended Hsinchu Mayor Anne Kao (高虹安) was prosecuted for corruption involving legislative assistant fees during her tenure as a legislator. The court of first instance handed her a prison sentence of seven years and four months, but following an appeal, a High Court panel in the court of second instance ruled that the administrative assistant, overtime fees and other regulations of the Organic Act of the Legislative Yuan (立法院組織法) contravened the principle of legal clarity, generating sowing controversy over the constitutionality of such fees. The court paused its trial and sought a constitutional interpretation, but the Council of Grand Justices voted unanimously to not hear the case.
The Constitutional Court’s decision not to take up the case was roundly praised in public discourse online, with people commending it for its keenness and circumspect view, and for understanding that the pan-blue and white camps are trying to paralyze the judicial system with unnecessary cases.
Although Kao’s official duties as mayor were handed over to an interim mayor, the pausing of her trial did not stop her from making high-profile appearances at end-of-year banquets and other functions for the municipal government’s top officials, at which she gave remarks and received birthday wishes. She also attended meetings involving the city fire department, environmental protection bureau and other public offices. She even used the title “mayor of Hsinchu” when signing Lunar New Year couplets and red envelopes.
The Constitutional Court on Feb. 7 rejected the High Court’s request for a constitutional review. Despite this, the very next day, Kao attended the Hsinchu General Union’s Lunar New Year’s banquet, at which she made a public speech. She is obviously unfazed by the courts.
Right after she was initially prosecuted, Kao rushed to her assistants’ homes, demanding that they coordinate their responses to the prosecutors, promising them that “the judiciary would be dealt with.” This is why the prosecution’s response was to investigate whether she was tampering with evidence or the courts.
The High Court panel should recuse itself from Kao’s trial as it resumes — specifically the presiding “qipao-wearing” judge, Kuo Yu-chen (郭豫珍), who has insisted that the suspended corruption cases against former president Chen Shui-bian (陳水扁) and former vice premier Cheng Wen-tsan (鄭文燦) move forward.
Sophia Lee is a member of the Taiwan Association of University Professors.
Translated by Tim Smith
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