The High Administrative Court rejected an application for a preliminary injunction by Shilin District Prosecutor Tsai Chi-wen (蔡啟文) against Minister of Justice Lo Ying-shay (羅瑩雪) in a dispute over promotions and job transfers within the Ministry of Justice.
According to a court statement, because Tsai is not among prosecutors affected by a current round of personnel changes, he is not affected by the issue raised in the injunction, negating its call to “prevent serious harm or deter immediate danger.”
The ruling can be appealed.
Tsai filed for the injunction on Monday last week in a bid to prevent Lo from making the final selection from a list of recommended personnel for promotion to head prosecutors and other posts in the judiciary.
The move centered on disputes over the ministry’s jurisdiction and administrative power, which Tsai says has affected the judicial independence of prosecutors.
Tsai — who was on a trip abroad — yesterday said he would appeal the ruling.
Tsai’s lawyer, Chan Shun-kuei (詹順貴), said the court acted quickly over the request for an injunction, even before the legal document for the case was presented.
“We regret the decision, but we will not give up easily,” Chan said. “To push for reform in the judiciary will require facing up to many difficulties.”
Tsai said earlier his action was necessary to preserve the judicial independence of prosecutors and to bring democracy to the judicial system.
Lo said she welcomed the decision, adding: “It was the outcome that we expected.”
“There are flaws in the system,” Lo said. “I do not oppose making changes and will even support large-scale reform. However, we should explore the issue in its entirety to see if there are better ways of doing things, not rush headlong to wreck the system.”
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