A group of Chinese Nationalist Party (KMT) lawmakers yesterday sought a constitutional interpretation over the government’s move to nationalize irrigation associations.
The Legislative Yuan in July last year passed the Act of Irrigation (農田水利法) that converted 17 irrigation associations nationwide into a government body.
The Council of Agriculture in October last year inaugurated the Agency of Irrigation to oversee the associations, whose assets are valued at about NT$75.6 billion (US$2.67 billion).
Photo: CNA
Prior to the enactment, KMT lawmakers had opposed the move by seeking a constitutional interpretation, basing claims on Article 40 of the Organic Regulations for Irrigation and Water Conservancy Associations (農田水利會組織通則); but the appeal on Aug. 28 last year was turned down by the Council of Grand Justices, which said that the lawmakers had failed to meet standards outlined in the Act on the Council of Grand Justices Reviewing Constitutional Interpretation Requests (司法院大法官審理案件法).
In a second attempt yesterday, 38 KMT lawmakers tendered another request for the council to issue a constitutional interpretation of articles 23 and 34 of the Irrigation Act.
The Irrigation Act contravenes freedom of association and amounts to government seizure of private property, the lawmakers said, adding that it harms Taiwan’s democratic governance.
Based on the principle that laws should not be retroactive and the principle of legitimate expectation, associations should not be eliminated by a new law, the legislators said, citing the example of the Red Cross Society continuing to exist despite the abolishment of the Red Cross Society act in 2016.
The associations should continue to exist and would simply fall under the jurisdiction of the Civil Associations Act (人民團體法) and the Civil Code, they said.
The new act also contravenes the principles of legal reservation and proportionality, they said.
The abolishment of associations must have a legal basis — which the government lacks — and such an action should only be taken if there is a need to ensure the public good, the lawmakers said.
The irrigation associations have demonstrated that they are entirely capable of autonomous operation, they said.
The legislators also cited Article 8 of the Water Act (水利法), which designated the associations as a public corporation, saying that the Ministry of the Interior has no jurisdiction over association property, which should remain private.
The request was received by Hsu Chen-chou (許辰舟), head of the Council of Grand Justices’ Clerk Office.
The council’s response to the request would depend on whether it is up to standard, Hsu said.
Palauan President Surangel Whipps Jr arrived in Taiwan last night to kick off his first visit to the country since beginning his second term earlier this year. After arriving at Taoyuan International Airport at around 6:30 pm, Whipps and his delegation were welcomed by Minister of Foreign Affairs Lin Chia-lung (林佳龍). Speaking to gathered media, the Palauan leader said he was excited and honored to be back in Taiwan on his first state visit to Taiwan since he was sworn in this January. Among those traveling with Whipps is Minister of State Gustav N. Aitaro, Public Infrastructure
President William Lai (賴清德) yesterday thanked Palau for its continued support of Taiwan's international participation, as Taipei was once again excluded from the World Health Assembly (WHA) currently taking place in Switzerland. "Palau has never stopped voicing support for Taiwan" in the UN General Assembly, the WHO and other UN-affiliated agencies, Lai said during a bilateral meeting with visiting Palau President Surangel Whipps Jr. "We have been profoundly touched by these endorsements," Lai said, praising the Pacific island nation's firm support as "courageous." Lai's remarks came as Taiwan was excluded for the ninth consecutive year from the WHA, which is being held in
RESOLUTIONS DEBATE: Taiwan’s allies said that UN and WHA resolutions cited by China and other nations ‘do not determine Taiwan’s participation in WHO activities’ A proposal to invite Taiwan to this year’s World Health Assembly (WHA) was rejected on Monday, resulting in Taipei’s absence from the annual meeting for a ninth consecutive year, although partners spoke up for Taiwan’s participation at the first day of the meeting. The first agenda item after the opening was a “two-on-two debate” on a proposal to invite Taiwan to participate at the WHA as an observer. Similar to previous years, two countries made statements in favor of the proposal, while two others expressed their opposition. Philippine Secretary of Health Teodoro Herbosa, president of the 78th WHA, accepted the WHA General Committee’s
At least three people died and more than a dozen were injured yesterday afternoon when a vehicle struck a group of pedestrians in New Taipei City’s Sansia District (三峽). The incident happened at about 4pm when a car rammed into pedestrians at an intersection near Bei Da Elementary School. Witnesses said the sedan, being driven at a high speed, ran a red light, knocking scooters out of the way and hitting students crossing the road before careening into a median near the intersection of Guocheng and Guoguang streets. The incident resulted in three deaths and 13 injuries, including the driver, a 78-year-old man