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Dead Chinese tourist compensated in Taiwan based on the law that citizens of the People’s Republic of China are considered citizens of the Republic of China
Sat, Feb 25, 2023
Taiwan’s outdated Constitution led to a controversial court ruling last week granting compensation to the family of a Chinese citizen who died in Taiwan, a panel of experts said yesterday.
The High Court on Friday last week ruled that state compensation should be paid for the accidental death of a Chinese tourist surnamed Qian (錢), who was electrocuted by a malfunctioning street light while cycling in Kaohsiung’s Lujhu District (路竹) in August 2018.
The ruling was made on the basis that citizens of the People’s Republic of China are considered citizens of the Republic of China under law, and therefore should be compensated under the State Compensation Act (國家賠償法).
Members of the Taiwan Forever Association, the Taiwan New Constitution, the Taiwan Association of University Professors and other groups during a joint news conference in Taipei yesterday said that the judge made an interpretation that deviated from common understanding of the Constitution.
“The controversy surrounding the judgement highlights the longstanding problem of the unclear status of Chinese in our country’s laws,” the groups said.
“If the people of the mainland area are to be considered citizens of the Republic of China, then will the government distribute NT$6,000 to all 1.4 billion people in China?” Taiwan Forever Society chairman Huang Di-ying (黃帝穎) asked, referring to tax rebates that the government is planning to issue this year.
The ruling highlights the need to amend the Constitution “as soon as possible,” he said, adding that the State Compensation Act should also be amended to “prevent judges from misinterpreting Chinese as the court’s subjects.”
Taiwan Forever Association researcher Peng Chih-cheng (彭至誠) said the ruling was partially related to the wording of the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area (臺灣地區與大陸地區人民關係條例).
That act “omits provisions related to national compensation, thereby making it easy for those who apply the law to submit legal interpretations that are divorced from reality but seem legal,” Peng said.
The issue is not a question of Taiwanese not wanting to compensate Chinese in such cases, but a matter that represents a crisis in the constitutional framework, Taiwan Association of University Professors deputy chairman Chen Li-fu (陳俐甫) said.
Aside from compensation, the issue also could affect tax, military service and criminal laws, among others, he said.
The world recognizes the “status quo” in the Taiwan Strait as meaning that Taiwan and China are separate, and the High Court’s ruling confused the issue, Taiwan New Constitution Foundation deputy director Song Cheng-en (宋承恩) said.
“How should Taiwan seek assistance from other countries during an invasion attempt by China if such rulings are made?” he asked.
www.taipeitimes.com
Sat, Feb 25, 2023
Taiwan’s outdated Constitution led to a controversial court ruling last week granting compensation to the family of a Chinese citizen who died in Taiwan, a panel of experts said yesterday.
The High Court on Friday last week ruled that state compensation should be paid for the accidental death of a Chinese tourist surnamed Qian (錢), who was electrocuted by a malfunctioning street light while cycling in Kaohsiung’s Lujhu District (路竹) in August 2018.
The ruling was made on the basis that citizens of the People’s Republic of China are considered citizens of the Republic of China under law, and therefore should be compensated under the State Compensation Act (國家賠償法).
Members of the Taiwan Forever Association, the Taiwan New Constitution, the Taiwan Association of University Professors and other groups during a joint news conference in Taipei yesterday said that the judge made an interpretation that deviated from common understanding of the Constitution.
“The controversy surrounding the judgement highlights the longstanding problem of the unclear status of Chinese in our country’s laws,” the groups said.
“If the people of the mainland area are to be considered citizens of the Republic of China, then will the government distribute NT$6,000 to all 1.4 billion people in China?” Taiwan Forever Society chairman Huang Di-ying (黃帝穎) asked, referring to tax rebates that the government is planning to issue this year.
The ruling highlights the need to amend the Constitution “as soon as possible,” he said, adding that the State Compensation Act should also be amended to “prevent judges from misinterpreting Chinese as the court’s subjects.”
Taiwan Forever Association researcher Peng Chih-cheng (彭至誠) said the ruling was partially related to the wording of the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area (臺灣地區與大陸地區人民關係條例).
That act “omits provisions related to national compensation, thereby making it easy for those who apply the law to submit legal interpretations that are divorced from reality but seem legal,” Peng said.
The issue is not a question of Taiwanese not wanting to compensate Chinese in such cases, but a matter that represents a crisis in the constitutional framework, Taiwan Association of University Professors deputy chairman Chen Li-fu (陳俐甫) said.
Aside from compensation, the issue also could affect tax, military service and criminal laws, among others, he said.
The world recognizes the “status quo” in the Taiwan Strait as meaning that Taiwan and China are separate, and the High Court’s ruling confused the issue, Taiwan New Constitution Foundation deputy director Song Cheng-en (宋承恩) said.
“How should Taiwan seek assistance from other countries during an invasion attempt by China if such rulings are made?” he asked.
‘Outdated Constitution’ led to ‘China-friendly’ ruling - Taipei Times
Bringing Taiwan to the World and the World to Taiwan
www.taipeitimes.com
