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  • Interpretation
  • No.254
  • Date
  • 1990/03/16
  • Issue
    • Is a delegate of the National Assembly who has sworn an oath contrary to the manner or the wording stipulated under the Organic Act of the National Assembly still eligible to perform his/her duty as a delegate of the National Assembly?
  • Holding
    •        The provision for an oath in Article 4 of the Organic Act of the National Assembly is an oath to perform official duties.  The Judicial Yuan has issued Interpretation No. 199 on this issue.  A delegate of the National Assembly who has failed to swear an oath or intentionally sworn an oath contrary to the manner or the wording stipulated under the Act is not eligible to perform his/her duty as a delegate of the National Assembly.  Thus, Interpretation No. 199 issued by the Judicial Yuan shall be read in line with this Interpretation.
      
  • Reasoning
    •        The petitioner of Interpretation No. 199 applied for a supplemental interpretation on the grounds that Interpretation No. 199 does not satisfactorily conclude the issue. In accordance with the holding of Interpretation No. 27 and the reasoning of Interpretations Nos. 82, 147, and 165, the Judicial Yuan should issue a supplemental interpretation.
      
    •        Article 4 of the Organic Act of the National Assembly, which is authorized by Article 34 of the Constitution, provides, "Delegates to the National Assembly shall swear an oath at the commencement of the meetings of the National Assembly in the following words:  ‘I solemnly swear that I will abide by the Constitution and will follow the law in exercising my authority in representing the people of the Republic of China’."  The oath is a public announcement to show the determination and honesty of the delegates to comply with the Constitution and perform their duties faithfully on behalf of the people of the Republic of China in accordance with the law.  In accordance with Interpretation No. 199, the oath described in Article 4 of the Organic Act of the National Assembly is an oath to perform official duties.  The oath is an act under the Public Laws with specific requirements.  In addition to the wording of the oath stipulated in the above Article, the process and manner of the oath shall fulfill the requirements stipulated in Articles 3 to 7 of the Oath Regulations.  A delegate who does not swear an oath, and thereby neglects his/her duty, shall not be eligible to perform his/her duty as a delegate of the National Assembly.  In addition, in the event that there is clear evidence to prove that a delegate has intentionally sworn an oath contrary to the process or the wording stipulated by law, no valid oath exists.  The effect is as if an oath had never been sworn.  Therefore, the delegate shall not be eligible to perform his/her duty as a delegate of the National Assembly.  Interpretation No. 199 issued by the Judicial Yuan shall be read in line with this Interpretation.  
      
    •        In addition, the issue of whether a delegate who has failed to swear an oath is entitled to attend the meetings of the National Assembly shall be decided by the National Assembly according to its self-governing rules.
      
    • *Translated by Nigel N.T. Li, Lee and Li, Attorneys-at-Law.
      
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