The Chinese Nationalist Party (KMT) yesterday lost an appeal against the decision of the Taipei District Court granting an injunction to preserve Legislative Speaker Wang Jin-pyng’s (王金平) party membership amid snowballing controversy over a probe into alleged improper lobbying by Wang.
The Taiwan High Court said the KMT could appeal the decision to the Supreme Court within 10 days, during which time Wang would temporarily maintain his membership and legislative speaker status.
The High Court decided it was unable to predict how long a civil lawsuit would take, but if Wang’s membership were revoked now and he lost his KMT legislator-in-large status, it would irreversibly damage his personal rights, High Court spokesman Hung Kuang-tsan (洪光燦) told a press conference.
Photo: CNA
In this case, the High Court ruled Wang’s rights have priority over the rights of the KMT, Hung said.
The spokesman said if the party allowed Wang to exercise his membership rights during the lawsuit period, the total legislative seats of the KMT would be affected.
Hung said that although the party argued that its party discipline, reputation and social standing had been affected by Wang’s alleged lobbying, if he was still a party member after the lawsuit, the KMT could still take appropriate disciplinary action against him based on principles of fairness, justice and democratic procedure. In this way, the KMT’s reputation and social standing could be recovered.
KMT attorneys have argued that the court “has no jurisdiction” whatsoever over the case, because disciplinary procedures against party members are “a matter within the scope of the autonomy of the party,” but Hung said Wang’s membership and exercise of membership rights were within the scope of the rights of the individual, which are under the court’s jurisdiction.
Wang filed the civil suit at the Taipei District Court on Sept. 11 to request an injunction against the KMT’s revocation of his membership.
The district court ruled on Sept. 13 that Wang could keep his rights as a member until a final ruling, on the condition that he pay a NT$9.38 million (US$315,000) guarantee.
At the time, Presidential Office spokesperson Garfie Li (李佳霏) said that President Ma Ying-jeou (馬英九), who doubles as KMT chairman, “respected” the court’s decision, but the KMT would “continue to appeal” against the ruling.
The president found it “unacceptable” to drop a case against the legislative speaker for allegedly improperly lobbying the former minister of justice and the Taiwan High Prosecutors’ Office head prosecutor Chen Shou-huang (陳守煌), Lee said.
“There is no way to blur the line between right and wrong on the matter,” she said.
"For the president, there is a judicial red line which must not be crossed. Beyond this line, there are no gray areas, no room for compromise,” Lee added.
Until the case is settled, Ma will continue to refer to Wang as “speaker” and will “maintain proper etiquette” when interacting with him, she said.
Despite the ongoing legal dispute, the government will press on with its policy agenda to ensure smooth governance, Lee said.
KMT spokesperson Yin Wei (殷偉) said the party plans to appeal the Taiwan High Court’s ruling at the Supreme Court soon.
Wang said he “respected” the KMT’s decision and was grateful to the party lawmakers who are urging Ma to drop the lawsuit.
One of these lawmakers, KMT Legislator Liao Cheng-ching (廖正井), praised the Taiwan High Court’s decision.
“Now that the KMT has lost twice, it should call off the lawsuit,” Liao said. “It’s time for the government to focus on economic issues.”
Liao is one of more than 10 KMT lawmakers preparing a statement asking Ma to end the suit.
“People are already fed up with the KMT relentlessly pursuing this case,” KMT Legislator Huang Chao-shun (黃昭順) said.
KMT Legislator Chen Ken-te (陳根德) said he hoped the joint efforts of the lawmakers would make Ma change his mind.
“A state leader should have a big heart and put people’s interests first,” Chen said.
INCREASED RISK: The Omicron BA.2.75 subvariant has higher immune evasive capacity, but the CECC is more concerned about newer subvariants such as XBB and BQ.1 With the peak season for infectious respiratory diseases coming to an end, the Central Epidemic Command Center (CECC) yesterday said that details of the next phase of lifting COVID-19 masking rules — removing the mask requirement in most indoor settings — are to be announced this week. Discussions on lifting other COVID-19 restrictions are also being held, including further easing border control measures, home isolation requirements and revising the definition for reporting cases, while also downgrading COVID-19 to a lower category of notifiable communicable disease, said Deputy Minister of Health and Welfare Victor Wang (王必勝), who heads the CECC. As the daily
CONGRESSIONAL SUPPORT: A new committee would investigate a backlog of US weapons sales to Taiwan, said its chairman, US Representative Mike Gallagher The US should formally recognize Taiwan as an independent nation, and end its outdated and counterproductive “one China” policy, US Representative Tom Tiffany and 18 other US lawmakers wrote in a petition. “It is time to change the status quo and recognize the reality denied by the US government for decades: Taiwan is an independent nation,” Tiffany told the Epoch Times. “As our long-standing and valued partner, correctly acknowledging their independence from communist China is long overdue.” The resolution also asks the administration of US President Joe Biden to support Taiwan’s membership in international organizations and to negotiate a bilateral free-trade
GUT FEELING: In the leaked memo, US Air Force General Mike Minihan urged mobile command personnel to go to a firing range, shoot at a target and ‘aim for the head’ A four-star US Air Force general has warned of a conflict with China as early as 2025 — most likely over Taiwan — and urged his commanders to push their units to achieve maximum operational battle readiness this year. In an internal memorandum that first emerged on social media on Friday, and was later confirmed as genuine by the Pentagon, Air Mobility Command Commander General Mike Minihan said that the main goal should be to deter “and, if required, defeat” China. “I hope I am wrong. My gut tells me we will fight in 2025,” Minihan said. Minihan said that Taiwan’s presidential election
DEMOCRATIC SYSTEM: Czech president-elect Petr Pavel said his nation stands firmly on the side of democracy and would boost cooperation with Taipei in all aspects Czech president-elect Petr Pavel spoke by telephone with President Tsai Ing-wen (蔡英文) yesterday, a highly unusual move given the lack of formal ties and a diplomatic coup for Taipei. Tsai spoke with Pavel for 15 minutes in a harmonious atmosphere, Presidential Office spokeswoman Lin Yu-chan (林聿禪) said, adding that Minister of Foreign Affairs Joseph Wu (吳釗燮) was also present during the conversation. Lin quoted Pavel as telling Tsai that Taiwan is a trustworthy partner, adding that the Czech Republic stands firmly on the side of democracy and supports Taiwan in maintaining a lively democratic system free from authoritarian coercion. The Czech Republic would
RSS