TRANSFER OF KMT COMPANIES HALTED AS IGPASC LOSES AGAIN|黨產會再敗 中投.欣裕台收歸國有裁定停止
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The Kuomintang was unhappy with the decision by the Ill-gotten Party Assets Settlement Committee to transfer to the state shares in the Central Investment Corp. and Hsinyutai Co. It applied successfully to the Taipei High Administrative Court for a halt to the transfer, so that it could appeal the decision. The Committee responded that as the KMT could no longer benefit from shares in the companies, it would discuss whether or not to appeal itself.
The IGPASC decided that the ownership of Central Investment Corp. and Hsinyutai Co. should be transferred to the state. The KMT was unhappy with the decision and applied successfully to the Taipei High Administrative Court for a halt to the transfer so that it could appeal the decision. The KMT can now appeal the case.
==HSU JUI-CHU Taipei HA Court Spokesperson==
The losses will be heavy and the calculation of the amount is very difficult for these reasons, it is difficult to restore these losses.
Last month the court decided that the legality of the IGPASC's order to the bank to freeze the KMT's bank account of NT$8 billion was doubtful. Prior to any determination of litigation on the administration of party assets, the assets should not be frozen. The IGPASC was unhappy with this decision and appealed. On Dec. 16 this appeal was rejected. The KMT called on the Committee to respect the legal decision.
==CHIU TA-CHEN KMT Admin. CEO==
If the Chair of the Committee really understands the law, we hope he respects it.
For its part, the Committee said that since anyway, the KMT could not operate shares in the two companies it would consider whether or not it should appeal.
==WELLINGTON KOO IGPASC Chair==
According to the first article of the IGPAS law, there would be the disallowance of any action, so I think it is clear that the KMT's shares are ill-gotten assets.
Koo said the decision of the court on assets was to create an even field for political parties to compete for transitional justice, but since the KMT had won three times Chiu Ta-chen asked Koo to resign. Koo made no response and emphasized that the TAC rejected the IGPASC's appeal, but because the Committee had proposed these as administrative sanctions, it had no effect on their actual mission.
TRANSLATED BY:CLARE LEAR
因國民黨不服黨產會,決議將中投、欣裕台的股權、收歸國有,向法院聲請停止執行,台北高等行政法院今天裁定,在黨產案行政訴訟確定前,停止執行移轉,全案可抗告。黨產會則回應,由於國民黨目前已無法從中投、欣裕台股權中獲利,因此將再討論是否提抗告。
中投、欣裕台被不當黨產處理委員會,決議收歸國有,國民黨不服,向台北高等行政法院提起停止執行的行政訴訟,合議庭今天做出裁定,諭知在黨產案行政訴訟確定前,停止執行移轉,全案可以抗告。
==台北高等行政法院發言人 許瑞助==
所受的損害 金額會非常的龐大
而且金額在計算上
也會相對的困難
故認為說
本件有難於回復的損害
由於法院上個月認定,黨產會凍結國民黨存在銀行的8億多元資產,合法性有疑義,裁定黨產案行政訴訟確定前,應該停止執行凍結帳戶的處分。黨產會不服抗告,昨天駁回確定,國民黨,大聲呼籲黨產會要尊重司法。
==國民黨行管會主委 邱大展==
顧主委是法律人出身的話
也希望他尊重司法
黨產會則表示,既然國民黨不能再動中投、欣裕台的股權,將考慮是否要提出抗告。
==黨產會主委 顧立雄==
依照黨產條例的第9條第1項規定
會發生禁止處分的效果
那麼 我想他這個部分
就是確認了說
國民黨這個部分的股權
是屬於不當取得財產
顧立雄也強調,法院做出裁定也認定黨產條例是要建立政黨公平競爭環境,以落實轉型正義。但國民黨連3場都贏了,邱大展要顧立雄負責下台,對此顧立雄,沒有正面回應,強調最高行政法院昨天駁回黨產會抗告,因為黨產會已提出正式行政處分,業務面上沒有影響。
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