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  • Interpretation
  • No.27
  • Date
  • 1953/11/27
  • Issue
    • Is an employee of the state-run enterprise, the Central Trust of China, a “public official” within the meaning of the Public Functionary Service Act?
  • Holding
    •        At the twenty-Ninth Meeting of the Grand Justices Council, it was resolved on the first ad hoc proposal: “Petitions submitted by the Central or local government agencies pertinent to Interpretations of the Judicial Yuan may be considered as in compliance with Article 4 of the Rules Governing the Adjudication of the Grand Justices Council.”In accordance with the above resolution, the present case concerns questions about Interpretations Nos. 6 and 11 and must be resolved. 
      
    •        In accordance with Article 24 of the Public Functionary Service Act, all personnel within state-owned enterprise are expressly under the scope of that law. The Central Trust of China is a state-owned business entity, thus all personnel serving in that agency naturally are public officials in accordance with the Public Functionary Service Act, and shall be subject to the restriction of J. Y. Interpretations Nos. 6 and 11.
      
    • *Translated by Professor Andy Y. Sun.
  • Reasoning
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