TAIPEI (Taiwan News) — The Taiwan High Court paused the corruption case of suspended Hsinchu Mayor Kao Hung-an (高虹安) on Thursday, citing potential constitutional infringement in a key legal provision.
The law under scrutiny, Section 1, Article 32 of the Legislative Yuan Organisational Act, grants legislators the authority to hire assistants using public funding, per CNA. Taipei District Court had previously found Kao guilty of conspiring with her assistant to defraud the public.
In its ruling, the Taiwan High Court noted that Section 1, Article 32 may violate the Clarity Doctrine. The court identified four main reasons for halting the case:
- The case’s potential impact on future decisions
- Funding discrepancies between the Legislative Yuan and local councils
- Potential overreach into legislative boundaries, and the risk of unnecessary legal disputes
- The High Court has requested the Constitutional Court to clarify the law in question
The Taiwan High Court said that while similar disputes over overtime pay and public assistant funding have occurred before, this is the first case involving a member of the Legislative Yuan. It also pointed out the discrepancies between how local councils and the Legislative Yuan provided funding for personal assistants.
Legislators receive direct funding from the Legislative Yuan to hire assistants, while local councils are responsible for paying assistants based on submitted lists from individual councilors. The court raised concerns about whether the lower court’s experience with local councilors could be applied to legislators, given the differences in funding and oversight.
The High Court also noted that it had sent a letter to the Legislative Yuan requesting clarification on the law's application but had not yet received a response. The court said that proceeding with the case before obtaining this critical information could constitute an overstep of its authority.
The Taiwan High Court warned that the legal uncertainties surrounding publicly funded assistants could lead to disputes for hundreds or even thousands of serving or retired legislators and their assistants. The court stressed that only a constitutional interpretation could provide a lasting solution to the issue.
As a result, the Taiwan High Court has decided to temporarily halt the case until the Constitutional Court offers clarification on the matter.
