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Enterprises concerned over wording in legislative amendments: Official

05/30/2024 09:40 PM
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The National Development Council in Taipei. CNA file photo
The National Development Council in Taipei. CNA file photo

Taipei, May 30 (CNA) Enterprises expressed concerns about the impact of the unclear wording of the recently passed amendments that grant the Legislature power to demand corporations share information when asked to as part of its investigations, according to Paul Liu (劉鏡清), head of the National Development Council.

During a legislative committee meeting on Thursday, ruling Democratic Progressive Party (DPP) Legislator Chiu Yi-ying (邱議瑩) cited the newly passed amendments that stipulate "legal persons" -- which include corporations -- and "related individuals among the public," will be fined if they refuse to provide information demanded by the Legislature during its investigations and hearings.

Asked by Chiu whether companies such as Taiwan Semiconductor Manufacturing Co. (TSMC) or other IC design firms would be able to refuse to share company-related information if requested by lawmakers, Liu said according to the amended law there is now little room for them to say no.

"I asked some companies in private," Liu said. "They are indeed worried regarding the ambiguous language [in the new amendments to the law]," which they say may require more concrete regulations in terms of its implementation, he added.

Asked whether this could affect the willingness of foreign enterprises to invest in Taiwan by DPP Legislator Lai Jui-lung (賴瑞隆), Liu said he would "help facilitate communication if they face difficulties."

The Legislature on Tuesday passed the third reading of amendments to the Law Governing the Legislative Yuan's Power, proposed by the opposition Kuomintang (KMT) and the Taiwan People's Party (TPP), amid protests from DPP lawmakers.

Update: Cabinet to have Legislature reconsider 'unconstitutional' amendments (June 6)

National Development Council chief Paul Liu speaks at a legislative hearing in Taipei Thursday. CNA photo May 30, 2024
National Development Council chief Paul Liu speaks at a legislative hearing in Taipei Thursday. CNA photo May 30, 2024

On Thursday, KMT Legislator Sra Kacaw (鄭天財) rebutted the concern, telling Liu that the amended law stipulates investigatory powers "shall not go beyond the purpose and boundary of the investigation" and that an investigative committee must be set up following due process.

"Only if there was believed to be corporation-government collusion," would such power be exercised, he said, adding that TSMC would not face such a problem.

TPP lawmaker Chang Chi-kai (張啓楷) also stressed that Article 59-1 says while hearings should be held public, they could be held in secret under some special circumstances and that Article 59-5 stipulates those attending the hearings can refuse to testify in certain situations.

The amendments to the law that passed the third reading on Tuesday have strengthened the Legislature's investigation power and given it the right to hold hearings and collect testimonies.

According to the amended law, the investigation committee can ask for information and relevant documents from government agencies, the military, legal persons, associations, or other related individuals.

Those who refuse to provide, are delayed in submitting, or conceal related information could face a fine of between NT$10,000 (US$310) and NT$100,000.

Furthermore, the amended law states that those required to attend hearings must not be absent, refuse to express opinions, refuse to provide testimonies, or refuse to submit materials without a legitimate reason.

Those found to be in violation could also face fines ranging between NT$10,000 and NT$100,000, with repeated fines possible.

(By Alison Hsiao)

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