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High Court rules
against KMT on Wang Jin-pyng
GOING IN CIRCLES? KMT lawmakers are urging Ma to
drop the disruptive case that party lawyers have repeatedly argued does not fall
within the jurisdiction of courts
By Rich Chang and Shih Hsiu-chuan / Staff reporters
Legislative Speaker Wang Jin-pyng
speaks to reporters from his car while leaving his official residence in Taipei
yesterday, after the Taiwan High Court upheld an injunction preserving his
membership in the Chinese Nationalist Party (KMT).
Photo: CNA
The Chinese Nationalist Party (KMT)
yesterday lost an appeal against the decision of the Taipei District Court
granting an injunction to preserve Legislative Speaker Wang Jin-pyng’s (王金平)
party membership amid snowballing controversy over a probe into alleged improper
lobbying by Wang.
The Taiwan High Court said the KMT could appeal the decision to the Supreme
Court within 10 days, during which time Wang would temporarily maintain his
membership and legislative speaker status.
The High Court decided it was unable to predict how long a civil lawsuit would
take, but if Wang’s membership were revoked now and he lost his KMT
legislator-in-large status, it would irreversibly damage his personal rights,
High Court spokesman Hung Kuang-tsan (洪光燦) told a press conference.
In this case, the High Court ruled Wang’s rights have priority over the rights
of the KMT, Hung said.
The spokesman said if the party allowed Wang to exercise his membership rights
during the lawsuit period, the total legislative seats of the KMT would be
affected.
Hung said that although the party argued that its party discipline, reputation
and social standing had been affected by Wang’s alleged lobbying, if he was
still a party member after the lawsuit, the KMT could still take appropriate
disciplinary action against him based on principles of fairness, justice and
democratic procedure. In this way, the KMT’s reputation and social standing
could be recovered.
KMT attorneys have argued that the court “has no jurisdiction” whatsoever over
the case, because disciplinary procedures against party members are “a matter
within the scope of the autonomy of the party,” but Hung said Wang’s membership
and exercise of membership rights were within the scope of the rights of the
individual, which are under the court’s jurisdiction.
Wang filed the civil suit at the Taipei District Court on Sept. 11 to request an
injunction against the KMT’s revocation of his membership.
The district court ruled on Sept. 13 that Wang could keep his rights as a member
until a final ruling, on the condition that he pay a NT$9.38 million
(US$315,000) guarantee.
At the time, Presidential Office spokesperson Garfie Li (李佳霏) said that
President Ma Ying-jeou (馬英九), who doubles as KMT chairman, “respected” the
court’s decision, but the KMT would “continue to appeal” against the ruling.
The president found it “unacceptable” to drop a case against the legislative
speaker for allegedly improperly lobbying the former minister of justice and the
Taiwan High Prosecutors’ Office head prosecutor Chen Shou-huang (陳守煌), Lee said.
“There is no way to blur the line between right and wrong on the matter,” she
said.
"For the president, there is a judicial red line which must not be crossed.
Beyond this line, there are no gray areas, no room for compromise,” Lee added.
Until the case is settled, Ma will continue to refer to Wang as “speaker” and
will “maintain proper etiquette” when interacting with him, she said.
Despite the ongoing legal dispute, the government will press on with its policy
agenda to ensure smooth governance, Lee said.
KMT spokesperson Yin Wei (殷偉) said the party plans to appeal the Taiwan High
Court’s ruling at the Supreme Court soon.
Wang said he “respected” the KMT’s decision and was grateful to the party
lawmakers who are urging Ma to drop the lawsuit.
One of these lawmakers, KMT Legislator Liao Cheng-ching (廖正井), praised the
Taiwan High Court’s decision.
“Now that the KMT has lost twice, it should call off the lawsuit,” Liao said.
“It’s time for the government to focus on economic issues.”
Liao is one of more than 10 KMT lawmakers preparing a statement asking Ma to end
the suit.
“People are already fed up with the KMT relentlessly pursuing this case,” KMT
Legislator Huang Chao-shun (黃昭順) said.
KMT Legislator Chen Ken-te (陳根德) said he hoped the joint efforts of the
lawmakers would make Ma change his mind.
“A state leader should have a big heart and put people’s interests first,” Chen
said.
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