Prosecutors in Taiwan People’s Party (TPP) Chairman Ko Wen-je’s (柯文哲) corruption case filed a request for his detention on suspicion of accepting bribes and profiteering. The Taipei District Court judge rejected the request for a number of reasons.
First, Ko is not a member of the Taipei Urban Planning Commission. Second, he lacks relevant expertise. Third, he trusted the majority resolution and the opinions of former Taipei deputy mayor Pong Cheng-sheng (彭振聲). Fourth, although increasing the floor-area-ratio (FAR) of the Core Pacific City project was illegal, there is space for reasonable interpretation.
The judge concluded that the evidence was insufficient to confirm whether Ko knew his actions were illegal and that the likelihood of conviction was not high, and ruled to release him without bail. However, the Taipei City District Court failed to elaborate on whether Ko contravened his duties by accepting bribes. That headache would be left for the High Court to handle on appeal.
According to the Taiwan High Administrative Court’s July 2020 decision, the Core Pacific City project’s FAR of 560 percent was a one-time guarantee, and the Core Pacific City’s appeal was rejected. This administrative court decision, a win for the Taipei City Government, restricted the project’s FAR to 560 percent. It was not a piece of scrap paper. Can the Taipei mayor just give away an additional 20 percent FAR with his signature? On what legal basis is that allowed? Did Ko really not understand the illegality of his actions? Can he truly claim that he was unaware of the existence of such an important verdict? For the winner of a case to pay reparations to the losing party — in the form of a 20 percent increase in FAR — without any form of benefit or repayment is just absurd. Is a battle where the winner pays the loser one worth fighting? This is just common sense; it does not require any expertise.
The judge indicated that the Taipei City Government’s 2021 decision to increase the project’s FAR by 20 percent was illegal, but it failed to review this key administrative court ruling. If he had, perhaps there would have been a different outcome.
The Court Organization Act (法院組織法) only stipulates the number of judges required after indictment, but it does not outline how many judges should rule on pre-indictment detention hearings. In practice, all court administrative regulations stipulate that one judge makes an independent ruling. This is extremely dangerous and irresponsible because the details of corruption cases are often quite complex and not immediately made apparent.
Even after years and years of a trial, a judge might not necessarily make an accurate decision. Judges in detention hearings are not superhuman.
How could they be expected to finish reading more than 1,000 pages of documents, completely digest their contents, and come up with the references for a well-backed decision in just a few hours? Who would believe such extraordinary abilities?
Therefore, judicial reform should start by addressing institutional flaws. Regulations should be amended to replace the single-judge system. Detention hearings of high-profile criminal cases should have three judges that work collaboratively and make a joint decision. This would help avoid unnecessary detentions and reduce the longstanding problem of a legal system with ever-changing phases and inconsistent interpretations. Otherwise, deciding whether to detain someone would continue to resemble a game of table tennis (take the case of former vice premier Cheng Wen-tsan (鄭文燦), which bounced back and forth three times). How else would the judicial system earn the public’s trust?
Chuang Sheng-rong is a lawyer.
Translated by Kyra Gustavsen
US President Donald Trump is systematically dismantling the network of multilateral institutions, organizations and agreements that have helped prevent a third world war for more than 70 years. Yet many governments are twisting themselves into knots trying to downplay his actions, insisting that things are not as they seem and that even if they are, confronting the menace in the White House simply is not an option. Disagreement must be carefully disguised to avoid provoking his wrath. For the British political establishment, the convenient excuse is the need to preserve the UK’s “special relationship” with the US. Following their White House
Taiwan is a small, humble place. There is no Eiffel Tower, no pyramids — no singular attraction that draws the world’s attention. If it makes headlines, it is because China wants to invade. Yet, those who find their way here by some twist of fate often fall in love. If you ask them why, some cite numbers showing it is one of the freest and safest countries in the world. Others talk about something harder to name: The quiet order of queues, the shared umbrellas for anyone caught in the rain, the way people stand so elderly riders can sit, the
After the coup in Burma in 2021, the country’s decades-long armed conflict escalated into a full-scale war. On one side was the Burmese army; large, well-equipped, and funded by China, supported with weapons, including airplanes and helicopters from China and Russia. On the other side were the pro-democracy forces, composed of countless small ethnic resistance armies. The military junta cut off electricity, phone and cell service, and the Internet in most of the country, leaving resistance forces isolated from the outside world and making it difficult for the various armies to coordinate with one another. Despite being severely outnumbered and
After the confrontation between US President Donald Trump and Ukrainian President Volodymyr Zelenskiy on Friday last week, John Bolton, Trump’s former national security adviser, discussed this shocking event in an interview. Describing it as a disaster “not only for Ukraine, but also for the US,” Bolton added: “If I were in Taiwan, I would be very worried right now.” Indeed, Taiwanese have been observing — and discussing — this jarring clash as a foreboding signal. Pro-China commentators largely view it as further evidence that the US is an unreliable ally and that Taiwan would be better off integrating more deeply into
RSS