Taiwan’s outdated Constitution led to a controversial court ruling last week granting compensation to the family of a Chinese citizen who died in Taiwan, a panel of experts said yesterday.
The High Court on Friday last week ruled that state compensation should be paid for the accidental death of a Chinese tourist surnamed Qian (錢), who was electrocuted by a malfunctioning street light while cycling in Kaohsiung’s Lujhu District (路竹) in August 2018.
The ruling was made on the basis that citizens of the People’s Republic of China are considered citizens of the Republic of China under law, and therefore should be compensated under the State Compensation Act (國家賠償法).
Photo: Tien Su-hua, Taipei Times
Members of the Taiwan Forever Association, the Taiwan New Constitution, the Taiwan Association of University Professors and other groups during a joint news conference in Taipei yesterday said that the judge made an interpretation that deviated from common understanding of the Constitution.
“The controversy surrounding the judgement highlights the longstanding problem of the unclear status of Chinese in our country’s laws,” the groups said.
“If the people of the mainland area are to be considered citizens of the Republic of China, then will the government distribute NT$6,000 to all 1.4 billion people in China?” Taiwan Forever Society chairman Huang Di-ying (黃帝穎) asked, referring to tax rebates that the government is planning to issue this year.
The ruling highlights the need to amend the Constitution “as soon as possible,” he said, adding that the State Compensation Act should also be amended to “prevent judges from misinterpreting Chinese as the court’s subjects.”
Taiwan Forever Association researcher Peng Chih-cheng (彭至誠) said the ruling was partially related to the wording of 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).
That act “omits provisions related to national compensation, thereby making it easy for those who apply the law to submit legal interpretations that are divorced from reality but seem legal,” Peng said.
The issue is not a question of Taiwanese not wanting to compensate Chinese in such cases, but a matter that represents a crisis in the constitutional framework, Taiwan Association of University Professors deputy chairman Chen Li-fu (陳俐甫) said.
Aside from compensation, the issue also could affect tax, military service and criminal laws, among others, he said.
The world recognizes the “status quo” in the Taiwan Strait as meaning that Taiwan and China are separate, and the High Court’s ruling confused the issue, Taiwan New Constitution Foundation deputy director Song Cheng-en (宋承恩) said.
“How should Taiwan seek assistance from other countries during an invasion attempt by China if such rulings are made?” he asked.
Chinese Nationalist Party (KMT) Chairman Eric Chu (朱立倫), spokeswoman Yang Chih-yu (楊智伃) and Legislator Hsieh Lung-chieh (謝龍介) would be summoned by police for questioning for leading an illegal assembly on Thursday evening last week, Minister of the Interior Liu Shyh-fang (劉世芳) said today. The three KMT officials led an assembly outside the Taipei City Prosecutors’ Office, a restricted area where public assembly is not allowed, protesting the questioning of several KMT staff and searches of KMT headquarters and offices in a recall petition forgery case. Chu, Yang and Hsieh are all suspected of contravening the Assembly and Parade Act (集會遊行法) by holding
PRAISE: Japanese visitor Takashi Kubota said the Taiwanese temple architecture images showcased in the AI Art Gallery were the most impressive displays he saw Taiwan does not have an official pavilion at the World Expo in Osaka, Japan, because of its diplomatic predicament, but the government-backed Tech World pavilion is drawing interest with its unique recreations of works by Taiwanese artists. The pavilion features an artificial intelligence (AI)-based art gallery showcasing works of famous Taiwanese artists from the Japanese colonial period using innovative technologies. Among its main simulated displays are Eastern gouache paintings by Chen Chin (陳進), Lin Yu-shan (林玉山) and Kuo Hsueh-hu (郭雪湖), who were the three young Taiwanese painters selected for the East Asian Painting exhibition in 1927. Gouache is a water-based
Taiwan would welcome the return of Honduras as a diplomatic ally if its next president decides to make such a move, Minister of Foreign Affairs Lin Chia-lung (林佳龍) said yesterday. “Of course, we would welcome Honduras if they want to restore diplomatic ties with Taiwan after their elections,” Lin said at a meeting of the legislature’s Foreign Affairs and National Defense Committee, when asked to comment on statements made by two of the three Honduran presidential candidates during the presidential campaign in the Central American country. Taiwan is paying close attention to the region as a whole in the wake of a
OFF-TARGET: More than 30,000 participants were expected to take part in the Games next month, but only 6,550 foreign and 19,400 Taiwanese athletes have registered Taipei city councilors yesterday blasted the organizers of next month’s World Masters Games over sudden timetable and venue changes, which they said have caused thousands of participants to back out of the international sporting event, among other organizational issues. They also cited visa delays and political interference by China as reasons many foreign athletes are requesting refunds for the event, to be held from May 17 to 30. Jointly organized by the Taipei and New Taipei City governments, the games have been rocked by numerous controversies since preparations began in 2020. Taipei City Councilor Lin Yen-feng (林延鳳) said yesterday that new measures by
RSS