Reversal! Chen Zhihan sued Lin Zhijian for promising to increase the floor area ratio of the Children's Hospital. He originally had to pay 300,000 yuan in second trial without compensation.

In 2024, Chen Zhihan, director of the Legislative Yuan caucus of the People's Party, publicly alleged that former Hsinchu Mayor Lin Zhijian had promised to increase the floor area ratio from 250% to 450% in response to the BOT case of Hsinchu MacKay Children's Hospital. Former Hsinchu Mayor Lin Zhijian filed a lawsuit for NT$2 million. In the first trial, Chen Zhihan had to pay NT$300,000. After the case was appealed, the High Court today (11th) held that Chen Zhihan had fulfilled his reasonable verification obligations before speaking and had considerable reasons to believe that the content was true. The verdict was changed without compensation, and Lin Zhijian could appeal.

Lin Zhijian maintained that when Chen Zhihan accepted a joint interview with the media on September 10, 2024, he knew that it was not illegal to increase the floor area ratio of the BOT case of the Hsinchu Mackay Children's Hospital from 250% to 450%. However, based on the court's criminal ruling, the then president of the Hsinchu Mackay Hospital made a one-sided statement at the board meeting and publicly alleged that he had promised at the dinner that the floor area ratio could be increased from 250% to 450%.

Chen Zhihan said at the time that the relevant lawsuit judgment could confirm that Lin Zhijian had indeed made the promise and that it was "certified by the court."

Lin Zhijian believed that these remarks were inconsistent with the facts and had seriously damaged his social evaluation and reputation. Therefore, he filed a civil lawsuit and requested 2 million yuan in moral comfort.

After the first-instance trial, the Taipei District Court ruled that Chen Zhihan should compensate Lin Zhijian 300,000 yuan, and rejected the remaining requests. Chen Zhihan appealed against the verdict, and Lin Zhijian also filed a collateral appeal for the losing part.

After hearing the case, the Collegiate Bench of the High Court held that although Chen Zhihan's remarks had the effect of disparaging Lin Zhijian's social evaluation, his remarks were not unfounded; according to relevant information, the Mackay Medical Foundation had used 450% as the basis for the development planning and project budget before the Hsinchu City Government formally approved the increase in the floor area ratio, and the Hsinchu City Government actually reviewed and approved the increase in the floor area ratio to 450%.

In addition, the High Court considered the speech of the deputy chairman of the Urban Planning Committee of the Ministry of Interior when reviewing the case, as well as the content of the court's previous criminal ruling. The ruling recorded that the then president of Hsinchu Mackay Hospital, surnamed Su, publicly stated at the board meeting on August 30, 2018, when the directors questioned why the construction budget was compiled with a floor area ratio of 450%, that Lin Zhijian guaranteed that the floor area ratio of the case could be increased to 450%.

The Collegiate Bench of the High Court found that Chen Zhihan made relevant remarks based on the above-mentioned information, which had been reasonably verified, and there were considerable reasons to believe that the content was true. Therefore, the illegality could be avoided and he was not liable for damages for reputational infringement.

The High Court revoked the first-instance judgment against Chen Zhihan to compensate Chen Zhihan for NT$300,000, rejected all Lin Zhijian's first-instance requests and accompanying appeals, and changed the judgment that Chen Zhihan was exempt from compensation. Chen Zhihan was not allowed to appeal the whole case, but Lin Zhijian could still appeal.