Premier Wu Den-yih (吳敦義) yesterday threw his support behind the Central Taiwan Science Park Development Office’s decision that companies at its Phase 3 Zone be allowed to continue operating despite a court ruling demanding the suspension of development projects.
Wu rebutted criticisms that the government was setting a bad example by disobeying a court order and that this could result in a constitutional crisis.
Saying his decision was based on the Judicial Yuan’s Interpretation No. 589, which highlights the importance of the “principle of legitimate expectations,” Wu said this principle forms part of the fundamental law that governs the country.
“It would be a constitutional crisis if the principle of legitimate expectations was not upheld,” he said.
Interpretation No. 589 was issued by the Council of Grand Justices on Jan. 28, 2005, to settle a dispute on the constitutionality of Article 10 of the Act Governing the Recompense for the Discharge of Special Political Appointees (政務人員退職撫卹條例), which stipulates that political appointees with a defined term of office in independent institutions can only choose a lump sum pension instead of a monthly pension.
“After the promulgation and implementation of an administrative regulation, if the authority that instituted or promulgated the regulation amends or repeals the regulation according to legal procedure, it should also take into account the protection of the legitimate expectations of the regulated party,” the interpretation says.
“If the regulated party has apparently acted objectively in response to the facts constituting the legitimate reliance during the period of the implementation of the regulation, thus creating the basis of reliance, and the party has the benefit that is worthy of protection, the party should then be protected by the principle of legitimate expectation,” it says.
The Taipei High Administrative Court on July 30 ordered a halt to the expansion projects at the science park’s Phase 3 Zone in Taichung County’s Houli Township (后里), citing its failure to complete an environmental impact assessment.
AU Optronics has an 8th-generation (8G) fab operating at the site, and another 8G fab that is currently undergoing equipment installation. Sunner Solar Co has also begun operations.
The Environmental Protection Administration and the National Science Council, the administrative agencies that oversee development projects at the science park, on Monday filed an appeal against the ruling on Houli Township and another appeal against the ruling on the science park’s Phase 4 Zone in Changhua County’s Erlin Township (二林).
On Tuesday, the government agencies decided to suspend public infrastructure work at the site, but said the two firms in the Phase 3 Zone could continue operating.
Wu said the decision was also based on the general legal principle in which bona fide third parties — in this case, AU Optronics and Sunner Solar — should be exempt from court rulings.
This principle, which protects the operations of third parties from being suspended because of court rulings, supports the government’s decision, and should remove doubts that the decision might shake public confidence in the administration.
‘NON-RED’: Taiwan and Ireland should work together to foster a values-driven, democratic economic system, leveraging their complementary industries, Lai said President William Lai (賴清德) yesterday expressed hopes for closer ties between Taiwan and Ireland, and that both countries could collaborate to create a values-driven, democracy-centered economic system. He made the remarks while meeting with an Irish cross-party parliamentary delegation visiting Taiwan. The delegation, led by John McGuinness, deputy speaker of the Irish house of representatives, known as the Dail, includes Irish lawmakers Malcolm Byrne, Barry Ward, Ken O’Flynn and Teresa Costello. McGuinness, who chairs the Ireland-Taiwan Parliamentary Friendship Association, is a friend of Taiwan, and under his leadership, the association’s influence has grown over the past few years, Lai said. Ireland is
A saleswoman, surnamed Chen (陳), earlier this month was handed an 18-month prison term for embezzling more than 2,000 pairs of shoes while working at a department store in Tainan. The Tainan District Court convicted Chen of embezzlement in a ruling on July 7, sentencing her to prison for illegally profiting NT$7.32 million (US$248,929) at the expense of her employer. Chen was also given the opportunity to reach a financial settlement, but she declined. Chen was responsible for the sales counter of Nike shoes at Tainan’s Shinkong Mitsukoshi Zhongshan branch, where she had been employed since October 2019. She had previously worked
TRANSPORT DISRUPTION: More than 100 ferry services were suspended due to rough seas and strong winds, and eight domestic flights were canceled, the ministry said Tropical Storm Wipha intensified slightly yesterday as it passed closest to Taiwan, dumping more than 200mm of rain in Hualien and Taitung counties, the Central Weather Administration (CWA) said. As of 11am, Wipha was about 210km southwest of Cape Oluanpi (鵝鑾鼻) and was moving west-northwest at 27km per hour (kph). The storm carried maximum sustained winds of 101kph and gusts reaching 126kph, with a 150km radius of strong winds, CWA data showed. Wipha’s outer rainbands began sweeping across Taiwan early yesterday, delivering steady rainfall in the east and scattered showers in other regions, forecasters said. More heavy rain was expected, especially in the eastern
FINAL COUNTDOWN: About 50,000 attended a pro-recall rally yesterday, while the KMT and the TPP plan to rally against the recall votes today Democracy activists, together with arts and education representatives, yesterday organized a motorcade, while thousands gathered on Ketagalan Boulevard in Taipei in the evening in support of tomorrow’s recall votes. Recall votes for 24 Chinese Nationalist Party (KMT) lawmakers and suspended Hsinchu City mayor Ann Kao (高虹安) are to be held tomorrow, while recall votes for seven other KMT lawmakers are scheduled for Aug. 23. The afternoon motorcade was led by the Spring Breeze Culture and Arts Foundation, the Tyzen Hsiao Foundation and the Friends of Lee Teng-hui Association, and was joined by delegates from the Taiwan Statebuilding Party and the Taiwan Solidarity
RSS