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.
‘DENIAL DEFENSE’: The US would increase its military presence with uncrewed ships, and submarines, while boosting defense in the Indo-Pacific, a Pete Hegseth memo said The US is reorienting its military strategy to focus primarily on deterring a potential Chinese invasion of Taiwan, a memo signed by US Secretary of Defense Pete Hegseth showed. The memo also called on Taiwan to increase its defense spending. The document, known as the “Interim National Defense Strategic Guidance,” was distributed this month and detailed the national defense plans of US President Donald Trump’s administration, an article in the Washington Post said on Saturday. It outlines how the US can prepare for a potential war with China and defend itself from threats in the “near abroad,” including Greenland and the Panama
The High Prosecutors’ Office yesterday withdrew an appeal against the acquittal of a former bank manager 22 years after his death, marking Taiwan’s first instance of prosecutors rendering posthumous justice to a wrongfully convicted defendant. Chu Ching-en (諸慶恩) — formerly a manager at the Taipei branch of BNP Paribas — was in 1999 accused by Weng Mao-chung (翁茂鍾), then-president of Chia Her Industrial Co, of forging a request for a fixed deposit of US$10 million by I-Hwa Industrial Co, a subsidiary of Chia Her, which was used as collateral. Chu was ruled not guilty in the first trial, but was found guilty
DEADLOCK: As the commission is unable to forum a quorum to review license renewal applications, the channel operators are not at fault and can air past their license date The National Communications Commission (NCC) yesterday said that the Public Television Service (PTS) and 36 other television and radio broadcasters could continue airing, despite the commission’s inability to meet a quorum to review their license renewal applications. The licenses of PTS and the other channels are set to expire between this month and June. The National Communications Commission Organization Act (國家通訊傳播委員會組織法) stipulates that the commission must meet the mandated quorum of four to hold a valid meeting. The seven-member commission currently has only three commissioners. “We have informed the channel operators of the progress we have made in reviewing their license renewal applications, and
A wild live dugong was found in Taiwan for the first time in 88 years, after it was accidentally caught by a fisher’s net on Tuesday in Yilan County’s Fenniaolin (粉鳥林). This is the first sighting of the species in Taiwan since 1937, having already been considered “extinct” in the country and considered as “vulnerable” by the International Union for Conservation of Nature. A fisher surnamed Chen (陳) went to Fenniaolin to collect the fish in his netting, but instead caught a 3m long, 500kg dugong. The fisher released the animal back into the wild, not realizing it was an endangered species at
RSS