The Ministry of Transportation and Communications, along with the Taiwan Railways Administration (TRA) and Taiwan High Speed Rail Corp (THSRC), should consider applying for provisional attachments against Jiong De Construction to prevent the company from liquidating its assets, New Power Party (NPP) Legislator Chiu Hsien-chih (邱顯智) said yesterday.
On April 1, a Southeast Cement Corp silo in Kaohsiung that Jiong De was dismantling fell and knocked down a transmission tower, causing a power outage and suspending railway services, which affected more than 126,000 passengers.
The government must launch a review of safety measures for construction projects near traffic systems, and regulations for construction safety and criminal responsibility, Chiu said.
Photo: Yang Cheng-yu, Taipei Times
Chiu questioned Southeast Cement’s statement that it would “shoulder legal responsibility” for the incident, asking who would bear responsibility if the company, which subcontracted the demolition project to Jiong De, was not deemed responsible for the accident.
The two railway operators are collectively seeking NT$78.63 million (US$2.7 million) in restitution from Southeast Cement — NT$66.8 million for THSRC and NT$11.83 million for the TRA — for the service disruptions.
They should file for provisional attachments to protect their right to compensation, Chiu said.
Southeast Cement, Jiong De and other juridical persons are, in principle, exempt from criminal responsibility and are not listed as defendants unless they fall afoul of certain laws, Chiu said.
The organization of juridical persons and its complex decisionmaking status often make it difficult to find the person who made the decision leading to alleged illegal activities, he said.
The Ministry of Justice should observe the results of the National Affairs Conference on judicial reforms and amend legislation regarding criminal responsibility for juridical persons, he added.
NPP Legislator Claire Wang (王婉諭) yesterday said that the Building Act (建築法) must be amended, given the small fines that it imposed, with the contractor, the construction overseer and the demolitionist each being fined NT$90,000 only.
The ministry should review construction projects near important transportation facilities, while those near electric towers should notify the Ministry of Economic Affairs and Taiwan Power Company, NPP Chairwoman Chen Jiau-hua (陳椒華) said.
Regulations governing demolition projects are lacking, Wang said, adding that the Construction and Planning Agency should consider implementing stricter regulations depending on the scale of the project.
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