Sat, Apr 30, 2005 page2

• Taipei must pay damages

  VERDICT The High Court said the city failed to properly supervise the construction of the Tunghsing Building, which toppled in the 921 Earthquake, killing 87 people

  • By Rich Chang / STAFF REPORTER
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  The Taiwan High Court yesterday ruled that Taipei City Government must pay NT$330 million to the former residents of the Tunghsing Building (東星大樓) for losses incurred during a devastating earthquake on Sept. 21, 1999.

  Yesterday's verdict said: "City officials were negligent in supervising the building's construction and quality control, so they should be responsible for the catastrophe."

  The Tunghsing Building was leveled in the magnitude 7.3 earthquake six years ago, killing 87 people.

  

  Former residents of Taipei's Tunghsing Building, which collapsed during the 921 Earthquake, urge the Taipei City Government not to appeal their case in front of the Taiwan High Court yesterday after the court ruled that the city government must pay NT$330 million to them for their losses.

  PHOTO: CHIEN JUNG-FENG, TAIPEI TIMES

  The ruling

  The verdict said 152 victims will be able to receive compensation in the range of NT$1.8 million to NT$ 2.5 million, according to the damages they suffered.

  The court's decision said although the National Compensation Law (國賠法) did not apply to this case -- since the company contracted to build the 12-story complex were granted a construction license on February 23, 1981, before the law was implemented on July 1 of that year -- the city government should still pay for damages to the property and well-being of those victims, according to Taiwan's Civil Code.

  

  Former residents of the Tunghsing Building also went to Taipei City Hall yesterday, to press the city not to appeal the High Court's decision.

  PHOTO: CHIEN JUNG-FENG, TAIPEI TIMESN

  City to Appeal?

  Taipei Mayor Ma Ying-jeou (馬英九) yesterday said the city government would decide whether to appeal the case to the Supreme Court after it studies the verdict.

  The commissioner of the city government's Bureau of Public Works, William Chen (陳威仁), yesterday said the catastrophe, had been caused by the combination of the natural disaster and a flawed construction design.

  "It is unreasonable to lay all the blame on the city government," he said.

  Chen said that construction companies and architects, not the city government, should take responsibility for quality control.

  The original lawsuit filed by surviving residents demanded NT$1.5 billion in compensation from the city government. In May 2002 the Taipei City District Court ruled the city government must pay NT$480 million in compensation.

  More than 20 members of the Tunghsing Building Self-help Association (東星大樓自救委員會) were at the court yesterday to listen to the ruling. Their attorney, Tsai Chih-yang (蔡志揚), said they accepted the verdict.

  Long process

  Tsai said the residents requested that the city government not appeal the verdict to the Supreme Court.

  "The lawsuit has taken too long," he said. "The residents are so tired, and this should end now."

  Time to wrap it up

  He said the city government should spend more time tightening security measures for future construction projects and designing regulations to protect human life, rather than fighting the victims in court.

  It was a sad story, he said, noting that in some cases all of the members of a family had been killed in the complex during the earthquake.
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