By Adam Tyrsett Kuo ,The China Post
September 12, 2013, 12:12 am TWN
In light of a recent lobbying scandal, the Kuomintang (KMT) yesterday resolved to revoke Wang’s membership and submitted a document to the CEC, notifying the committee of its decision.
According to Article 73 of the Civil Servant Election and Recall Act (公職人員選舉罷免法), the KMT’s actions amounted to Wang losing his positions as legislator and speaker of the Legislative Yuan.
In accordance with the same article, however, the CEC must submit a written notification to the Legislative Yuan in order for the latter to “write off” a legislator.
The CEC said that once the Legislative Yuan replies to its notification, it will announce a list of candidates to fill Wang’s vacancy. Regulations do not stipulate a deadline by which the Legislature must reply.
Earlier in the day, the Taipei District Court confirmed that it had received an application for an injunction filed by Wang’s attorney, Chiu Tai-san (邱太三).
The injunction was filed as an attempt to help maintain Wang’s KMT membership, as well as his positions as lawmaker and speaker of the Legislative Yuan.
The injunction, if passed in time, would prevent the KMT from submitting the aforementioned document to the CEC, bringing the entire situation to a standstill.
Prior to the CEC’s announcement, both Chiu and Democratic Progressive Party lawmaker Wu Ping-Jui (吳秉叡) said that an injunction would be a viable countermeasure, in accordance with the Code of Civil Procedure (民事訴訟法), citing a similar case involving former KMT lawmaker Hsu Shu-po (許舒博).
Chiu said that there were questions as to whether the KMT’s decision to revoke Wang’s membership was “legal,” adding that he had advised Wang to file for an injunction.
Meanwhile, Wang said yesterday that he felt relatively calm and that he had more or less anticipated the KMT’s decision.
Wang added that he will seek the appropriate measures to fight for his rights, in accordance with party regulations.