The continued detention of four legislators, who were yesterday indicted for bribery, requires approval from the Legislative Yuan, as the legislative session has begun, Legislative Yuan Secretary-General Lin Chih-chia (林志嘉) said yesterday.
Su Chen-ching (蘇震清) of the Democratic Progressive Party (DPP), Chen Chao-ming (陳超明) and Sufin Siluko (廖國棟) of the Chinese Nationalist Party (KMT), and independent Legislator Chao Cheng-yu (趙正宇) were detained last month while the legislature was in recess.
“If the Taipei District Court decides to extend the detention of the four sitting legislators, then the court must ask for permission through an official letter. Then Legislative Speaker You Si-kun (游錫堃) would convene cross-party negotiations to deliberate on the matter,” Lin said.
Photo: Lin Liang-sheng, Taipei Times
Lin cited the Additional Articles to the Constitution, which state that “no member of the Legislative Yuan may be arrested or detained without the permission of the Legislative Yuan, when that body is in session.”
Given that such a situation has not previously occurred, “the Judicial Yuan and prosecutors should discuss it. In theory, the judiciary should seek the legislature’s permission to extend the detention, so the legislative speaker would have to look into the matter,” DPP caucus whip Cheng Yun-peng (鄭運鵬) said.
Attorney Lin Chun-feng (林俊峰) said that the Constitution provides ways to resolve conflicts between government branches, but “this case concerns corruption and bribe-taking by legislators, and is not a political dispute.”
“If needed, it could go to the Council of Grand Justices for a constitutional interpretation,” Lin added.
In response to the indictment, the DPP’s anti-corruption committee said in a statement that Su’s party privileges had already been suspended for three years, and he could face further punishment depending the outcome of the case.
KMT caucus officials said that they would respect the judicial process.
“This case has dealt a serious blow to public trust and regard for legislators. It is time to amend the conduct rules to dismiss legislators from office when they are convicted in court. We must work to prevent Taiwan’s politics from being controlled by big business,” the Taiwan People’s Party said in a statement.
Former New Power Party (NPP) legislator Hsu Yung-ming (徐永明) was also indicted in the same case. He last month resigned from the party chairmanship and quit the party.
The NPP said in a statement that it was deeply sorry for the indictment of its former party chairman, as it has caused such a disturbance to the public.
“Aside from waiting for the final verdict in the lawsuit, we are to push for structural reform in the party with the most serious and cautious attitude possible,” it said.
Members of the NPP’s policymaking committee have already detailed reforms to its anti-corruption guidelines, it said, adding that it hopes the changes would help the party meet public expectations.
Additional reporting by Shelley Shan
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