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Doubts still remain
about president’s judicial nominees
NOT SO SUPREME: Some KMT lawmakers have said
they would not vote for a judicial nominee who held a green card while serving
on the Supreme Court
By Shih Hsiu-chuan / Staff Reporter
A number of Chinese Nationalist Party (KMT) lawmakers remained unconvinced of
the suitability of two Council of Grand Justices nominees who previously held
permanent residency in other countries yesterday, despite President Ma Ying-jeou’s
(馬英九) endorsement.
Chen Be-yue (陳碧玉), the head of the Judicial Yuan’s Judicial Personnel Study
Center, was a US citizen and then held a US green card for 18 months when
serving on the Supreme Court. Another grand justice nominee, Lo Chang-fa (羅昌發),
once held permanent residency in Canada.
Ma was quoted by Presidential Office spokesman Lo Chih-chuang (羅智強) as saying on
Friday that the nomination was a “proper decision.”
“We have so many talented individual who devote themselves to their judicial
duties, why did [the president] have to nominate [Chen and Lo Chang-fa]? They
should not have been included in the shortlist in the first place,” KMT
Legislator Ting Shou-chung (丁守中) said yesterday.
right and proper
Ting said he disagreed with Ma that holding permanent residency abroad in the
past did not make them unsuitable for the position as they had relinquished the
status.
“I cannot accept that. They won’t have my vote,” Ting said.
In light of the fact that judicial reform has been one of the key issues in the
mind of the public, whether a person has a strong sense of mission, is dedicated
to his or her judicial duties and has faith in the country were important
criteria to assess eligibility, he said.
KMT Legislator Chiu Yi (邱毅) said that that “if Chen remains on the list, it is
likely she will not be confirmed.”
Democratic Progressive Party Legislator Gao Jyh-peng (高志鵬) yesterday urged the
KMT caucus to join his party’s plan to boycott the review of the list.
“The Presidential Office was lax in the nomination process and that is why so
many controversies have arisen. In order to show his respect for the
legislature, the president cannot just replace nominees again. Rather, he should
present a new list,” Gao said.
judicial reform
In view of the disapproval voiced by some lawmakers, Lo last night said it was
unnecessary for the president to re-nominate candidates as all four nominees are
suitable candidates.
“We will seek support from people in a variety of circles,” he said.
The Central Personnel Administration has said that Chen had not broken any laws
because the Nationality Act (國籍法) does not prohibit people who have permanent
residence status in foreign countries from serving in public office and that
Chen had renounced her US nationality when she served as a judge.
The Nationality Act stipulates that holders of dual citizenship must surrender
their foreign citizenship before assuming public office.
Chen’s case has also resulted in fervent discussion on an internal Judicial Yuan
Web site called “Judges’ forum,” the Chinese---language Liberty Times (the
Taipei Times’ sister newspaper) reported yesterday.
internal dissent
“If public servants acquiring foreign residency status or US green cards is not
breaking the law, [Chen’s] colleagues should also apply,” an anonymous judge
wrote.
Another anonymous judge commented that although the judicial Yuan has required
every judge to fill out a questionnaire on whether they possess dual nationality
or foreign permanent residence, it appeared that such queries had only a
superficial effect.
ADDITIONAL REPORTING BY KO SHU-LING AND RICH CHANG
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