A group of Chinese Nationalist Party (KMT) lawmakers yesterday sought a constitutional interpretation over the government’s move to nationalize irrigation associations.
The Legislative Yuan in July last year passed the Act of Irrigation (農田水利法) that converted 17 irrigation associations nationwide into a government body.
The Council of Agriculture in October last year inaugurated the Agency of Irrigation to oversee the associations, whose assets are valued at about NT$75.6 billion (US$2.67 billion).
Photo: CNA
Prior to the enactment, KMT lawmakers had opposed the move by seeking a constitutional interpretation, basing claims on Article 40 of the Organic Regulations for Irrigation and Water Conservancy Associations (農田水利會組織通則); but the appeal on Aug. 28 last year was turned down by the Council of Grand Justices, which said that the lawmakers had failed to meet standards outlined in the Act on the Council of Grand Justices Reviewing Constitutional Interpretation Requests (司法院大法官審理案件法).
In a second attempt yesterday, 38 KMT lawmakers tendered another request for the council to issue a constitutional interpretation of articles 23 and 34 of the Irrigation Act.
The Irrigation Act contravenes freedom of association and amounts to government seizure of private property, the lawmakers said, adding that it harms Taiwan’s democratic governance.
Based on the principle that laws should not be retroactive and the principle of legitimate expectation, associations should not be eliminated by a new law, the legislators said, citing the example of the Red Cross Society continuing to exist despite the abolishment of the Red Cross Society act in 2016.
The associations should continue to exist and would simply fall under the jurisdiction of the Civil Associations Act (人民團體法) and the Civil Code, they said.
The new act also contravenes the principles of legal reservation and proportionality, they said.
The abolishment of associations must have a legal basis — which the government lacks — and such an action should only be taken if there is a need to ensure the public good, the lawmakers said.
The irrigation associations have demonstrated that they are entirely capable of autonomous operation, they said.
The legislators also cited Article 8 of the Water Act (水利法), which designated the associations as a public corporation, saying that the Ministry of the Interior has no jurisdiction over association property, which should remain private.
The request was received by Hsu Chen-chou (許辰舟), head of the Council of Grand Justices’ Clerk Office.
The council’s response to the request would depend on whether it is up to standard, Hsu said.
Hong Kong singer Andy Lau’s (劉德華) concert in Taipei tonight has been cancelled due to Typhoon Kong-rei and is to be held at noon on Saturday instead, the concert organizer SuperDome said in a statement this afternoon. Tonight’s concert at Taipei Arena was to be the first of four consecutive nightly performances by Lau in Taipei, but it was called off at the request of Taipei Metro, the operator of the venue, due to the weather, said the organizer. Taipei Metro said the concert was cancelled out of consideration for the audience’s safety. The decision disappointed a number of Lau’s fans who had
Commuters in Taipei picked their way through debris and navigated disrupted transit schedules this morning on their way to work and school, as the city was still working to clear the streets in the aftermath of Typhoon Kong-rey. By 11pm yesterday, there were estimated 2,000 trees down in the city, as well as 390 reports of infrastructure damage, 318 reports of building damage and 307 reports of fallen signs, the Taipei Public Works Department said. Workers were mobilized late last night to clear the debris as soon as possible, the department said. However, as of this morning, many people were leaving messages
A Canadian dental assistant was recently indicted by prosecutors after she was caught in August trying to smuggle 32kg of marijuana into Taiwan, the Aviation Police Bureau said on Wednesday. The 30-year-old was arrested on Aug. 4 after arriving on a flight to Taiwan Taoyuan International Airport, Chang Tsung-lung (張驄瀧), a squad chief in the Aviation Police Bureau’s Criminal Investigation Division, told reporters. Customs officials noticed irregularities when the woman’s two suitcases passed through X-ray baggage scanners, Chang said. Upon searching them, officers discovered 32.61kg of marijuana, which local media outlets estimated to have a market value of more than NT$50 million (US$1.56
FATALITIES: The storm claimed at least two lives — a female passenger in a truck that was struck by a falling tree and a man who was hit by a utility pole Workers cleared fallen trees and shop owners swept up debris yesterday after one of the biggest typhoons to hit the nation in decades claimed at least two lives. Typhoon Kong-rey was packing winds of 184kph when it slammed into eastern Taiwan on Thursday, uprooting trees, triggering floods and landslides, and knocking out power as it swept across the nation. A 56-year-old female foreign national died from her injuries after the small truck she was in was struck by a falling tree on Provincial Highway 14A early on Thursday. The second death was reported at 8pm in Taipei on Thursday after a 48-year-old man
RSS