Proposed legislation by Chinese Nationalist Party (KMT) lawmakers to make contempt of the legislature a punishable offense would have a chilling effect, making officials, citizens and civic groups unwilling to come forward to present information at the legislature, Deputy Minister of Justice Chen Ming-tang (陳明堂) said yesterday.
KMT caucus convener Fu Kun-chi (傅?萁), Weng Hsiao-ling (翁曉玲) and other legislators introduced bills focused on legislature reform, including amendments to the Criminal Code.
Chen told a meeting of the legislature’s Judiciary and Organic Laws and Statutes Committee that they have the right to address issues on exercising their authority as elected representatives, “but to introduce a ‘contempt of legislature offense would result in a chilling effect.”
Photo: Hsieh Chun-lin, Taipei Times
He pointed to the ultima ratio principle, which says that the repressive nature of the criminal justice system, and positioned it as the last resort of the legislator.
It is possible to overuse the criminal justice system to restrict rights and freedoms, and should therefore be applied in exceptional cases only, where other means cannot suffice to prevent offenses, he said.
“I ask lawmakers to reconsider this bill, which would make it a punishable offense for government officials and citizens to violate the ‘obligation to cooperate’ when requested by legislators,” Chen said.
Instead of adding it as a punishable offense under the Criminal Code, there are other ways of treating such matters, Chen added.
In a presentation, Legislative Yuan Secretary-General Chester Chou (周萬來) pointed to a bill amending the Act Governing the Legislative Yuan’s Power (立法院職權行使法) proposed by the KMT caucus to give lawmakers the right to hold public hearings — including those involving judicial investigations — and hearings to question government ministers.
Chou said the proposal would be deliberated to achieve a balance between the powers of the five branches of government, the need to protect state secrets and maintain the right of lawmakers to scrutinize policies and officials.
Chen pointed to constitutional interpretations No. 325, No. 585, No. 633 and No. 729.
“For amending portions relating to the Legislative Yuan’s power, we respect the opinions and viewpoints provided by the members of this committee... Although we must stress that it is important to conform to principle of proportionality under the Constitution, as well as the principle of clarity and definiteness of law and separation of powers,” Chen said.
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