TAIPEI (Taiwan News) — The KMT’s death penalty and martial law referendum proposals seem illogical and would be ineffective if passed, Central Election Commission Li Chin-yung (李進勇) said on Friday.
The KMT proposed referendums on Monday opposing the abolition of capital punishment and the imposition of martial law. They are expected to pass a second reading in the legislature on Friday.
Speaking to reporters outside the legislature, Li said a referendum asking the government not to implement a non-existent policy seems illogical. He said there is no legal framework for implementing such a referendum if it passes.
Li clarified that he has not seen the referendum texts and arguments. He stressed that the commission is an independent body that will convene a panel to review the referendum texts according to law when they are received.
According to LTN, the proposed martial law referendum question is: “President Lai Ching-te (賴清德) has positioned the other side of the strait as a hostile foreign force, and people are worried that the two sides will enter a quasi-war state. Do you agree that the government should avoid war and not let Taiwan become Ukraine, where martial law is implemented, young people die, and homes are destroyed?”
The president can declare martial law with the approval of the legislature. No president has done this since KMT-imposed martial law was lifted in the late 1980s, and Lai has publicly opposed its return.
The referendum question references a national security speech Lai made last week detailing plans to counter Chinese espionage and the return of military courts. When announcing the referendums, KMT Legislator Lo Chih-chiang (羅智強) said the plebiscite was needed to allow the public to decide national security matters.
The proposed death penalty referendum question is: “Do you agree with the policy that ‘the death penalty need not require a unanimous decision by the judges of courts at all levels'?”
The KMT argues the referendum is needed because of a Constitutional Court ruling in September. The ruling affirmed the constitutionality of capital punishment but limited it to only the most severe criminal cases.
The KMT and death penalty proponents say these conditions amount to de facto abolition. When announcing the referendums, KMT Chair Eric Chu (朱立倫) described them as essential for justice and peace.
Premier Cho Jung-tai (卓榮泰) criticized the referendums on Friday and asked the KMT if it believes Taiwan is under martial law. He said the fact referendum proposals can be openly discussed shows it is not.
Cho also said the death penalty has not been abolished, evidenced by a recent execution and the Constitutional Court’s ruling on its legality. He said the two issues the KMT is pursuing do not exist, and the party should abandon them.
