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  • Interpretation
  • No.120
  • Date
  • 1967/03/01
  • Issue
    • Does a member of the Control Yuan can serve concurrently as a publisher of a newspaper or magazine?
  • Holding
    •        The business activities carried out by the publisher of a newspaper or magazine fall within the scope of business as referred to in Article 103 of the Constitution. Thus, a member of the Control Yuan is prohibited from serving concurrently as a member of the Control Yuan and the publisher of a newspaper or magazine.
  • Reasoning
    •        Since the primary function of members of the Control Yuan is to supervise the actions of the government, all members of the Control Yuan should maintain an impartial (unprejudiced) position and are therefore prohibited from conducting business as referred to in Article 103 of the Constitution. A publisher of a newspaper or magazine cannot publish his or her newspaper or magazine without obtaining prior approval from the competent executive authority. Thus the competent executive authority will censor the business activities carried out by the publisher of a newspaper or magazine. If a member of the Control Yuan serves concurrently as a member of the Control Yuan and the publisher of a newspaper or magazine, he will be censored by the competent executive authority. This is obviously inconsistent with the function of members of the Control Yuan in supervising the actions of the government. Thus, the business activities carried out by the publisher of a newspaper or magazine fall within the scope of business prohibited in Article 103 of the Constitution. A member of the Control Yuan is therefore prohibited from serving concurrently as a member of the Control Yuan and the publisher of a newspaper or magazine. 
      
    • *Translated by Li-Chih Lin, Esq., J.D.
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