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Diane Lee’s fraud conviction quashed
by the High Court
By Rich Chang and Chris Wang / Staff Reporters
Former Chinese Nationalist Party
(KMT) legislator Diane Lee, left, appears with her lawyer at a press conference
on Feb. 6 last year.
Photo: Liu Hsin-de, Taipei Times
The Taiwan High Court yesterday quashed a
two-year sentence handed down to former Chinese Nationalist Party (KMT)
legislator Diane Lee (李慶安) by a lower court and acquitted her of fraud over a
dual-nationality controversy.
The court said prosecutors could appeal the case to the Supreme Court.
In March 2008, a number of Democratic Progressive Party (DPP) lawmakers sued Lee
for fraud and corruption because she maintained US citizenship while serving as
a Taipei city councilor and then as a legislator. Elected officials are not
allowed to hold dual citizenship.
At the time, Lee claimed she mistakenly believed her US citizenship would
automatically become invalid when she took up a public position.
In January 2009, the Taipei District Prosecutors’ Office received confirmation
from the US Department of State that Lee’s US citizenship remained valid.
Prosecutors said that on personnel forms she filled out as a Taipei City
councilor in 1994 and during her three terms as a lawmaker starting in 1998, Lee
deliberately left blank a field asking whether she held citizenship from a
country other than the Republic of China.
In September 2009, the Taipei District Prosecutors’ Office indicted Lee on
charges of fraud. Prosecutors accused Lee of intentionally concealing her US
citizenship during one term as a Taipei city councilor and three terms as a
legislator, during which she was paid more than NT$100 million (US$3 million).
On Feb. 5 last year, the Taipei District Court found her guilty on four counts
of fraud and sentenced her to two years in prison.
The Taiwan High Court’s ruling said that although Lee had dual citizenship and
her elected status should have been invalidated by the Central Election
Committee, the commission had maintained Lee’s elected status, which was an
administrative error. Nevertheless, because Lee maintained her position as a
Taipei City councilor and legislator, accepting her salary could not be seen as
fraud, the ruling said.
The Taipei City Council, the commission and the legislature were obliged to
examine Lee’s citizenship status during her terms as a councilor and as a
legislator, but those agencies never questioned Lee about her citizenship
status, and because Lee was able to keep her status, taking her salary could not
be regarded as fraud, the ruling said.
Lee, daughter of former premier Lee Huan (李煥), said in a statement that she felt
relieved that justice had been served.
KMT Legislator Hsieh Kuo-liang (謝國樑) said it was “unfair” to accuse Diane Lee of
fraud since she had performed well as both a city councilor and as a legislator.
However, the DPP said the ruling went against people’s expectations and common
sense.
The ruling was like a “game--fixing call,” said DPP spokesman Chuang Ruei-hsiung
(莊瑞雄).
The public was not happy with the Taipei District Court’s ruling in the first
trial because it did not charge Lee with corruption and yet yeterday’s verdict
was even more shocking, he said.
Liang Wen-jie (梁文傑), another DPP spokesman, said the ruling could set a
dangerous precedent because it was the first case involving public servants’
dual citizenship, which is prohibited by the Nationality Act (國籍法).
“By pronouncing Lee innocent, you’re telling public servants they do not commit
a crime by holding dual citizenship, although they will be discharged from their
duties, and that they don’t need to return their salaries,” Liang said. “You’re
encouraging people to commit crimes and cheat.”
Lee’s argument that she thought she had lost her US citizenship the moment she
was sworn in as a councilor was unsupportable because she questioned Chen Shih-meng
(陳師孟), then-deputy mayor of Taipei, about his dual citizenship and demanded he
resign in 1995, Liang said.
ADDITIONAL REPORTING BY CNA
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