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.
Eight restaurants in Taiwan yesterday secured a one-star rating from the Michelin Guide Taiwan for the first time, while three one-star restaurants from last year’s edition were promoted to two stars. Forty-three restaurants were awarded one star this year, including 34 in Taipei, five in Taichung and four in Kaohsiung. Hosu (好嶼), Chuan Ya (川雅), Sushi Kajin (鮨嘉仁), aMaze (心宴), La Vie by Thomas Buhner, Yuan Yi (元一) and Frassi in Taipei and Front House (方蒔) in Kaohsiung received a one-star rating for the first time. Hosu is known for innovative Taiwanese dishes, while Chuan Ya serves Sichuan cuisine and aMaze specializes
Taitung County is to launch charter flights to Malaysia at the end of this year, after setting up flights to Vietnam and Thailand, the Taitung County Government said yesterday. The new charter flight services, provided by low-cost carrier Batik Air Malaysia, would be part of five-day tour packages for visits to Taitung County or Malaysia. The Batik Air charter flight, with about 200 seats, would take Malaysian tourists to Taitung on Dec. 30 and then at 12:35pm return to Kuala Lumpur with Taiwanese tourists. Another charter flight would bring the Taiwanese home on Jan. 3 next year, arriving at 5:30pm, before taking the
Taiwan High Speed Rail Corp. (THSRC) plans to ease strained capacity during peak hours by introducing new fare rules restricting passengers traveling without reserved seats in 2026, company Chairman Shih Che (史哲) said Wednesday. THSRC needs to tackle its capacity issue because there have been several occasions where passengers holding tickets with reserved seats did not make it onto their train in stations packed with individuals traveling without a reserved seat, Shih told reporters in a joint interview in Taipei. Non-reserved seats allow travelers maximum flexibility, but it has led to issues relating to quality of service and safety concerns, especially during
An exhibition celebrating Taiwan and Japan’s comic culture opened on Saturday in Taichung, featuring a section that explores Taiwanese reproductions of Japanese comics from when martial law limited Japanese representation. “A Century of Manga Culture: An Encounter of Taiwan and Japan’s Youth” held its Taiwan opening ceremony at Taichung’s National Taiwan Museum of Comics after an initial one-month run in Japan’s Kyoto International Manga Museum between May 24 and June 24. Much like the Kyoto exhibition, the show mainly celebrates the comic connection between Taiwan and Japan through late Taiwanese comic book