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Wang lawsuit moves to
High Court
DEMOCRATIC PROCEDURES: Former president Lee
Teng-hui called for adherence to the rules of a ‘democratic society’ in dealing
with the issue of Wang Jin-pyng’s status
By Shih Hsiu-chuan and Rich Chang / Staff reporters
The Chinese Nationalist Party (KMT) yesterday brought Legislative Speaker Wang
Jin-pyng’s (王金平) lawsuit concerning his party membership and speakership to a
higher court.
Chen Ming (陳明), a lawyer who represents the KMT, filed an appeal with the Taiwan
High Court against the ruling handed down by the Taipei District Court in favor
of Wang on Friday last week.
Chen and two another attorneys filed the appeal on behalf of the KMT at 5:20pm.
The Taipei District Court “has no jurisdiction” whatsoever over the case because
a person disciplined by his or her party is “a matter within the scope of
autonomy in the party,” Chen said, adding that his interpretation was supported
by a verdict rendered by the Supreme Court of Japan.
Wang requested an injunction from the Taipei District Court against the KMT’s
decision to revoke his party membership over his alleged role in influencing a
prosecutor in a legal case involving Democratic Progressive Party caucus whip
Ker Chien-ming (柯建銘).
The administration first made its allegations against Wang public while the
speaker was attending his daughter’s wedding in Malaysia. The ensuing row
between Wang and the KMT has caused a political storm and raised speculation
about a possible split within the party ahead of next year’s seven-in-one
elections.
The district court ruled that Wang may keep his rights as a KMT member until a
final ruling on condition that he pay NT$9.38 million (US$315,000) as a
collateral deposit.
The ruling took effect on Saturday last week after the ruling was delivered to
the KMT, the Central Election Commission and the legislature.
Aside from the argument regarding the district court’s jurisdiction, the KMT
said in its appeal that the court’s ruling was redundant.
Wang’s status as a legislator was invalidated when the CEC sent its cancelation
of his status to the legislature on Wednesday last week, Chen said.
“Since his status has been voided, it’s unnecessary to have the district court
rule on the case,” he said.
The legislature received a notice from the commission that it has revoked his
status, but the legislature has not voided Wang’s status.
The High Court is expected to hold a hearing on the case today.
According to the law, if the KMT wins the appeal, the case will be sent back to
the district court for reconsideration, but if the KMT’s appeal fails, the party
could appeal the decision with the Supreme Court.
Separately, when asked by reporters on his thoughts on the controversy, former
president Lee Teng-hui (李登輝) said that Wang retains KMT membership.
“We should follow procedures established by a democratic society [in treating
such cases] and not just do whatever we want to do,” Lee said after a court
appearance in Taipei.
Additional reporting by Jake Chung and staff writer
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