Chinese Nationalist Party (KMT) New Taipei City Councilor Liao Hsien-hsiang (廖先翔), who is running in January’s legislative election, recently challenged Vice President William Lai (賴清德), the Democratic Progressive Party’s presidential candidate, on the legality of a property his family owns in New Taipei City’s Wanli District (萬里).
Liao said that his family is willing to demolish an illegal structure they own in Sijhih District (汐止), and asked if Lai’s family would do the same.
Lai’s campaign headquarters said that Liao was trying to dodge the controversy surrounding the construction of his family’s luxury villa, which allegedly encroached on state-owned land, involved the cultivation of a slopeland conservation zone and damaged a water quality protection area.
Lai’s office said that was completely different from the Lai family’s property, which is a residence converted from a workers’ dormitory that had been in a state of disrepair for many years.
Lai’s old house is reportedly on land that was originally designated for mining. In 1963, mining authorities approved a mining plan in accordance with the Mining Act (礦業法), but in 1981 they classified the plot as in a slopeland conservation zone.
Under Article 54 of the central government’s Regulations on Non-urban Land Use Control (非都市土地使用管制規則), before an application can been approved to reclassify mining land as land for other uses, the Bureau of Mines — recently merged into the Geological Survey and Mining Management Agency — must, in accordance with the original mining plan, examine and approve the land’s permitted uses.
In such cases where a piece of land was long ago designated for mining, but where the mining plan has since been annulled, there is no mechanism or law to follow regarding the standard procedure for dealing with the original mining facilities, such as workers’ dormitories, and how they might be used.
In contrast, the luxurious villa built in 2011 by Liao’s father, Liao Cheng-liang (廖正良), which occupies an area of 800 ping (2,645m2), not only allegedly encroaches on state-owned land, but is situated in a water conservation area that is also susceptible to landslides, contravening several laws.
This is in contrast to Lai’s old house, which only occupies about 30 ping, and has existed since 1951, long before the area plan came into effect. After many years, the building fell into disrepair. It was refurbished in 2003, which was long before June 2, 2011, when the New Taipei City Government promulgated its guidelines for approving and issuing proof of legal buildings.
Furthermore, Lai’s old house was originally a miners’ dormitory that was built long ago in accordance with the Mining Act, making it quite different from what is now known as an “illegal structure.”
Even though verbal confrontations are expected during elections, statements should still be based on facts and laws, and should not disregard them. Given that the New Taipei City Land Administration Department has not yet been able to determine the status of Lai’s property, it is highly presumptuous to call it an “illegal structure.”
Furthermore, Lai’s attitude is clear. He respects the conclusions of government agencies, including the Geological Survey and Mining Management Agency and the Taipei City Government, and would cooperate in addressing the matter. In view of these facts, lawmakers should desist from misleading the public.
Lee Hong-jen is a professor of law at National Taichung University of Science and Technology.
Translated by Julian Clegg
Recently, the Chinese Nationalist Party (KMT) and the Taiwan People’s Party (TPP) hastily pushed amendments to the Act Governing the Allocation of Government Revenues and Expenditures (財政收支劃分法) through the Legislative Yuan, sparking widespread public concern. The legislative process was marked by opaque decisionmaking and expedited proceedings, raising alarms about its potential impact on the economy, national defense, and international standing. Those amendments prioritize short-term political gains at the expense of long-term national security and development. The amendments mandate that the central government transfer about NT$375.3 billion (US$11.47 billion) annually to local governments. While ostensibly aimed at enhancing local development, the lack
Having enjoyed contributing regular essays to the Liberty Times and Taipei Times now for several years, I feel it is time to pull back. As some of my readers know, I have enjoyed a decades-long relationship with Taiwan. My most recent visit was just a few months ago, when I was invited to deliver a keynote speech at a major conference in Taipei. Unfortunately, my trip intersected with Double Ten celebrations, so I missed the opportunity to call on friends in government, as well as colleagues in the new AIT building, that replaced the old Xin-yi Road complex. I have
Former US president Jimmy Carter’s legacy regarding Taiwan is a complex tapestry woven with decisions that, while controversial, were instrumental in shaping the nation’s path and its enduring relationship with the US. As the world reflects on Carter’s life and his recent passing at the age of 100, his presidency marked a transformative era in Taiwan-US-China relations, particularly through the landmark decision in 1978 to formally recognize the People’s Republic of China (PRC) as the sole legal government of China, effectively derecognizing the Republic of China (ROC) based in Taiwan. That decision continues to influence geopolitical dynamics and Taiwan’s unique
Former president Lee Teng-hui (李登輝) — who once endured the hardship of living under an authoritarian political system and arduously led a quiet revolution — once said: “Democratic issues must be solved with democratic means.” Today, as Taiwanese are faced with the malicious subversion of our country’s democratic constitutional order, we must not panic. Rather, we should start by taking democratic action to rescue the Constitutional Court. As Chinese Nationalist Party (KMT) caucus whip Fu Kun-chi (傅?萁) leads the KMT and the Taiwan People’s Party (TPP) in strangling Taiwan’s judiciary and depriving individuals of the right to recall and development, Taiwanese
RSS