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Taiwan High Court hands lawmakers stiff sentences

September 09, 2010

Eight current and former legislators from across the political spectrum were sentenced to prison terms by the Taiwan High Court Sept. 8 for accepting bribes from a Chinese medicine association more than 10 years ago in an influence peddling case.

In a major reversal, the high court overturned a lower court’s ruling in which six of the defendants were acquitted of any wrongdoing. Only former Democratic Progressive Party Legislator Chiu Chuei-chen and former Kuomintang lawmaker Liao Hwu-peng were found guilty in the first trial.

The ruling stated that the eight lawmakers each received bribes from the National Union Chinese Medicine Association of ROC in 1996 in return for their support for an amendment to the Pharmaceutical Affairs Act to reinstate herbalists’ right to dispense drugs. They had lost the right in legislation that was passed in February 1993.

The association paid out a total of NT$39.02 million (US$1.22 million) under the guise of “sponsor funds” in lobbying for the amendment, according to the court’s ruling.

The two incumbent lawmakers, Lee Chun-yee of the DPP and the KMT’s Hsu Shu-po, were each handed prison sentences of seven and a half years. Chiu received the stiffest sentence at 10 years, up from eight years in the previous trial while Liao was given a jail term of eight years and six months.

Chiu was determined to have received bribes in late 1996 through his brother, an herbal medicine dealer. He put forward the proposed amendment to Article 103 of the act that was eventually passed by the Legislature May 30, 1998.

Meanwhile, former DPP lawmakers Lin Kwang-hua and Jao Yung-ching both received eight-year sentences, while former People First Party Legislator Feng Ting-kuo got seven years and two months, and former KMT lawmaker Cheng Horng-chi was handed a seven-year prison term.

All eight of the defendants also had their civil rights suspended for periods ranging from three to eight years and were ordered to repay the bribes they had received. The amounts to be repaid vary between NT$300,000 and NT$10 million.

Each of the defendants has the right to appeal the ruling to the Supreme Court for a third trial.

KMT spokesman Su Jun-pin said the party respects the court’s ruling and will act in accordance with its own regulations in dealing with the result. The KMT’s rules state that members convicted in a second trial will lose their membership or be expelled from the party. If Hsu’s party membership is revoked, he will lose his seat as a legislator-at-large. (SB)

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