The second stage of the recall motion against Kaohsiung City Mayor Han Kuo-yu has passed, making Han the first special municipality mayor to face a recall in Taiwan's self-rule era. Han's legal team, which includes Yeh Ching-Yuan and former Kaohsiung City Information Bureau Director Anne Wang, have filed an administrative lawsuit and stay of execution application with the Taipei High Administrative Court. The organization spearheading the recall responded by attacking Han's camp, saying the second stage has already passed and these were moves that should have been taken during the first phase. The organization says it's too late for them. If the recall motion proceeds, a vote will be held in June.
Kaohsiung City Mayor Han Kuo-yu's legal team is petitioning the Taipei High Administrative Court for a stay of execution in the recall motion against Han. The team has also filed an administrative lawsuit.
It is clearly stated in Article 75 of the Civil Servants Election and Recall Act that no recall motions may be filed against a civil servant who has not been in the position for one year. (They) are keeping Han from doing his job; chaos is reigning. This is what happens when the ruling party gets to appoint the chairperson of the Central Election Commission. The chairperson is using his office to serve his own political purposes and perform political favors, and can't do the job the law requires him to do. We hope the courts can issue a fair, just ruling.
Apart from the suit and stay, Han's team has also submitted an administrative appeal to the Central Election Commission. Article 75-1 of the Civil Servants Election and Recall Act, which states "...no proposal of recall may be filed against a civil servant who has not been in the position for one year," is the point of contention between the two sides.
Anyone can exercise their civil and political right to initiate a recall. This is called a proposal. There are no time limits for proposals.
With the two sides waging an all-out legal battle, Han has kept a low profile. In a statement released through the Kaohsiung City Information Bureau, Han said the matter is up to the courts to decide and the motion will not affect municipal affairs.
With the city government's legal team doing what it needs to do, the city government will continue to do its job, including disease prevention.
Han's camp says the recall group had all relevant documents ready to go by the day of Han's inauguration, which shows they decided to employ illegal methods to reverse the election results. If the recall motion proceeds, a vote will be held in June.