Sat, Feb 18, 2023 page3

• High Court orders state payout for ‘ROC’ citizen

  COMPENSATION: The Kaohsiung Legal Affairs Bureau had appealed the first ruling, as it said the deceased was not Taiwanese and his family should not be treated as such

  • By Jonathan Chin / Staff writer, with CNA
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  The Kaohsiung branch of the High Court yesterday ruled that state compensation should be paid for the accidental death of a Chinese tourist, as citizens of the People’s Republic of China are regarded as Republic of China (ROC) nationals under the law.

  The Kaohsiung City Government should pay NT$4.63 million (US$152,283) to the family of the man, surnamed Qian (錢), the court said.

  The ruling can be appealed.

  

  The entrance to the Kaohsiung branch of the High Court is pictured in an undated photograph.

  Photo: Pao Chien-hsin, Taipei Times

  Qian was electrocuted to death by a malfunctioning street light while cycling in Kaohsiung’s Lujhu District (路竹) during a round-the-island biking tour in August 2018 — a fact that the city government does not dispute.

  The family sued the city for wrongful death and demanded NT$11.65 million in compensation for pain and suffering, loss of income, funeral costs and other expenses.

  Foreign nationals can receive reparations for government negligence resulting in death or injury if a reciprocal arrangement exists between Taiwan and their country of origin, the branch’s first civil court president Ning Hsin (甯馨) said, citing the State Compensation Act (國家賠償法).

  The claims made by the deceased’s family would have been rejected, as there is no reciprocal agreement between the Taiwanese and Chinese governments, but the laws accord a special legal status to the latter, she said, referring to the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area (臺灣地區與大陸地區人民關係條例).

  The court requested clarification about the State Compensation Act in reference to the Qian case from the Ministry of Justice and the Mainland Affairs Council, which issued an official statement saying Chinese citizens are deemed ROC nationals under the law, Ning said.

  As such, the court ruled in favor of Qian’s family in accordance with the State Compensation Act, she said.

  The Kaohsiung City Government expressed regret over the court’s ruling and said officials would mull its next step after receiving the verdict.

  The Kaohsiung Legal Affairs Bureau said it had appealed the first trial’s favorable verdict for Qian’s family on the grounds that, as the deceased was not Taiwanese, the state compensation law did not apply.

  The bureau respects the court’s decision and would discuss the matter with the Kaohsiung Public Works Bureau, it said.

  The Ministry of Justice said its clarification for the court was made according to the Council of Grand Justices’ Decision No. 16337 1993, which allows state compensation claims to be made for wrongful death or injury of people from China.

  The ministry has proposed amendments to the State Compensation Act to allow reparation claims to be made for all victims of government negligence regardless of nationality, as placing preconditions on such claims runs counter to international law, it said.

  The Executive Yuan approved the draft act in September 2021, but lawmakers have yet to pass the bill, the ministry said.
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