The Legislative Yuan of the Republic of China passed the controversial “Parliamentary Reform Act” on the third reading on May 28, triggering calls from civil society groups for protests in 15 counties and cities across Taiwan. Premier Su Tseng-chang of the new government of Taiwan is considering submitting a request for review of the amendment to the parliamentary powers, while the Democratic Progressive Party (DPP) caucus has indicated they will request a constitutional interpretation. Additionally, civil society groups have pointed out that the influence of the Chinese Communist Party cannot be ignored in this incident.
The Legislative Yuan of the Republic of China continued to process the parliamentary powers amendment proposed by the Kuomintang (KMT) and the People’s Party (PFP) on the 28th following sessions on the 17th, 21st, and 24th. Members of both the ruling and opposition parties engaged in a back-and-forth debate, with the DPP continuing to demand the bills be sent back for reconsideration through tactics such as roll call votes, repeated votes, repeating the entire review process, and delaying proceedings.
Around 5 p.m. on the 28th, the Legislative Yuan passed on the third reading amendments to certain articles of the Parliament Exercise Act, including imposing fines of up to NT$200,000 (approximately $6,500 USD) for contempt of parliament by witnesses; requiring the President to deliver a state of the nation address to the Legislative Yuan on a regular basis and respond promptly to oral questions posed by legislators; and granting significant powers such as personnel approval, investigative powers to request information from government agencies, and the right to hold hearings.
In a late-night press release on the 28th, the Executive Yuan of the Republic of China stated that they respect the DPP’s intention to request a constitutional interpretation regarding the passing of the amendments to the Legislative Yuan’s exercise of powers and amendments to the Criminal Code. Premier Su Tseng-chang reiterated the government’s commitment to upholding the constitution. Throughout the amendment process, the public has raised many questions about the Legislative Yuan’s failure to review bills according to legal procedures. Many provisions are seen as infringing on people’s rights, violating the principle of separation of powers, and sparking constitutional controversies such as legal clarity.
Given that administrative governance must also comply with the constitution, the Executive Yuan will deliberate on any provisions that may hinder implementation due to their unconstitutionality. Upon receiving the passed articles from the Legislative Yuan, they will explore the constitutional process for amending the articles.
Su emphasized that as the highest administrative official under the constitution, he is determined to defend the dignity of the executive team. However, the lack of clear definitions regarding “contempt of parliament” in the amendments may lead to difficulties when explaining policies in the Legislative Yuan, leaving the administrative team uncertain and possibly unable to address false information related to policies comprehensively.
Moreover, the provisions concerning personnel approval after the legal amendments could lead to dilemmas in the exercise of powers by constitutional bodies and other statutory institutions. As for the revisions related to the President’s state of the nation address and parliamentary investigative powers, there are controversies not only regarding the separation of powers but also concerns of excessive intervention in executive authority and infringement on people’s rights. These factors are the reasons the Executive Yuan sees the amendments as problematic.
Su stressed that the value of democracy lies in establishing consensus through discussion and communication. The purpose of proposing a review is not to escalate confrontation between the two chambers but to allow the Legislative Yuan to reconsider the contents of the bills through democratic dialogue, responding to the demands of civil society and various sectors, and identifying the broadest consensus that aligns with the constitution and national interests. Only through this can the foundation of democracy be strengthened, and the quality of policies and laws enhanced.
He stated that addressing the crisis facing the constitutional system through the constitutional design is the Executive Yuan’s stance throughout. Although the review proposed by the Executive Yuan is likely to be rejected given the current parliamentary dynamics, the Executive Yuan is obligated to follow the procedures prescribed by the constitution for amending articles. They will submit the amendments for reconsideration, faithfully upholding the constitutional process.
Kuomintang Legislative Yuan caucus convener Johnny Chiang remarked that this marks the beginning of the ruling party opening another battleground. The KMT caucus will fight to ensure that investigative and hearing rights take root in Taiwan.
Furthermore, Legislative Yuan President Han Kuo-yu stated before the session adjourned on the 28th that Premier Su Tseng-chang will present a report on governing principles to the Legislative Yuan on the 31st and be available for questioning. He urged legislators to actively participate and wear formal attire during future policy reports and general questioning sessions, emphasizing the importance of proper attire, as even high-end restaurants do not permit the attire formerly worn in the Legislative Yuan.
Following the passage of certain articles of the Legislative Yuan’s exercise of powers on the third reading, the DPP caucus held a press conference. Caucus convener Ker Chien-ming emphasized on the 28th that despite the DPP caucus exhausting all procedural means to try to delay proceedings and express opposition to the joint proposals put forward by the KMT and PFP caucuses, they were unable to overcome the numerical advantage held by the opposition, resulting in the bills being approved on the third reading. He affirmed that the DPP caucus will definitely file for a constitutional interpretation, a process that cannot occur until after the President’s announcement, and they will follow the legal requirements and procedures for constitutional interpretation.
Regarding the Executive Yuan’s intention to file for review, Ker Chien-ming stated that they must respect the Executive Yuan’s decision. After the Executive Yuan files for a review, the Legislative Yuan has 15 days to process it, and the President needs to announce it within 10 days, with it taking effect three days later before the DPP can proceed with a constitutional interpretation.
Outside the Legislative Yuan of the Republic of China on the 28th, protesters gathered. The organizers announced that as of 9:25 p.m., the number of protesters on-site had exceeded 70,000. Following the gathering of over 100,000 people outside the Legislative Yuan on the 24th and protest actions in 9 counties and cities, the movement expanded to 15 counties and cities across Taiwan.
After the passage of the Legislative Yuan’s exercise of powers on the third reading, over 50 civil society organizations, including the Economic Democracy Union, held a press conference. At the gathering, participants rolled a large white ball symbolizing freedom and hope, bearing messages such as “Reject Chinese interference” and “Citizens defend democracy, restart social dialogue,” towards the Legislative Yuan, amplifying the voices of the people in the parliament. The organizers announced that next week they will visit the Premier, the Legislative Yuan President, and the DPP caucus.
At a press conference held by over 50 civil society organizations on the passage of the “Parliamentary Abuse Act” on the third reading, convened by the Democracy Promotion Policy Foundation, director Lai Chung-chiang stated that this is part of a series of attempts by the Chinese Communist Party to control Taiwan’s democracy. “The factor of China in this event cannot be ignored. We must strengthen our defense of democracy to resist external interference. Civil society groups will unite with the upcoming June 4th activities to further emphasize the importance of defending democracy, and urge all citizens to work together to uphold Taiwan’s freedom and democracy.”
Lai remarked that after the passage of the Parliamentary Abuse Act, the organizers of the legislative action have proposed six response actions, including requesting the Executive Yuan to review, seeking a constitutional interpretation, discussing parliamentary democratic order with the Legislative Yuan President, and advocating for grassroots democratic dialogue between local civic groups and blue camp constituents. The Taiwan Civil Front will establish a New Taipei City task force, partnering with local civic groups and minor parties to promote social dialogue under the slogan “Advance New Taipei, Social Dialogue.”
He called for civic groups to organize community discussions or assemblies in various areas to inform constituents in blue camp electoral districts about the harm the Parliamentary Abuse Act poses to the people and Taiwanese democracy. They hope to influence the voting decisions of blue camp regional legislators during the reconsideration of the bills or make these legislators aware of the dissatisfaction of constituents. The Taiwan Civil Front will collaborate with local civic groups and indigenous minor parties to lead social dialogue efforts in New Taipei City; outside New Taipei City, it will rely on various local civic groups to collectively strive for Taiwanese democracy.