The application documents for the International Exchange Student Program of the Beijing Municipal Education Bureau do not include a separate disclosure form of identity and relationship under the Li Hong Kong Law; according to the implementation details of the Li Hong Kong Law, when the relevant person truthfully discloses the identity relationship, the relevant information must still indicate the name of the public official, service organization and professional title. The picture shows Mayor Jiang Wanan and Director of Education Tang Zhimin preparing for inquiries. (Photo by reporter Tian Yuhua)
Chiang Deli, the eldest son of Taipei Mayor Chiang Wanan, was admitted to the Taipei City Education Bureau's international exchange student program and was originally eligible for a NT$75,000 subsidy, triggering a controversy over the identity disclosure under the Public Employees' Conflict of Interest Avoidance Act. The North City Government stated that the law did not mandate the use of a specific checklist, and Jiang Deli's application materials had revealed the father-son relationship.
However, according to Article 26 of the Enforcement Rules of the Liquor Law, "truthfully indicating identity and relationship" must contain information such as the name of the public employee, service organization, and professional title. Whether what the city government calls "disclosed" meets the disclosure requirements stipulated in the Enforcement Rules still needs to review the actual content of the submission.
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Jiang Deli was admitted to Beijing City's 115-year international exchange student program and was eligible for a subsidy of 75,000 yuan based on his family's income. Jiang Wanan later announced that he would give up. Since Jiang Deli is a second-degree relative of Jiang Wanan, if he enters the open and fair subsidy procedure stipulated in Article 14 of the Licon Law, the relevant person must still take the initiative to truthfully state his identity and relationship in the application documents before the subsidy is provided.
Regarding the disclosure procedure, the North City Government maintained that the "Self-inspection and Verification Form" is an administrative form, and the profit and loss law does not mandate the use of a specific format. The focus is on whether the applicant has proven the kinship relationship and public official status. The city government also stated that Jiang Deli's application information is sufficient to show his father-son relationship and public official status with Jiang Wanan, so it considers that the disclosure has been completed.
The Independent Commission Against Corruption of the Ministry of Justice also has a sample identity disclosure form. Article 14 of the Law does not limit the disclosure format; however, whether or not a standardized form is used is not the core issue. The key lies in whether the content contained in the application documents meets the specific requirements for identity disclosure in the implementation rules.
Article 26 of the Enforcement Regulations of the Profit and Loss Law clearly stipulates that when a public official or related person truthfully states his or her identity relationship in the application document, the "name of the public official, service organization, and professional title" should be stated, as well as "the name of the related person and the relationship between him and the public official as set forth in paragraph 1 of Article 3 of this Law." That is to say, what the regulations require is not simply that the person in charge “know who is who”, but that there are clear regulations on the disclosure content.
The reporter reviewed the International Exchange Student Learning Implementation Plan for the 115th academic year published by the Education Bureau. The parental consent form includes a column for the signature of the father and mother, but there is no separate column for service organization, professional title or public employee status. Among the required documents listed in the "Registration Information", there is no separate document for disclosure of legal status. As for whether Jiang Deli included relevant information in other written documents when he actually sent the package, it still needs to be confirmed with the actual application data.
Therefore, even if the application information is sufficient to identify the father-son relationship and public status of Jiang Deli and Jiang Wanan, according to the North City Government, whether it is equivalent to completing the "truthful statement" referred to in Item 2 of Article 14 of the Liquor Law, it is still necessary to check whether the actual submission information also contains Jiang Wanan's name, service organization, professional title, and the relationship between the two parties according to law.
As for whether the Leverage Law is ultimately applicable to this case, it still involves the stage at which the subsidy procedure is progressing. Article 14 regulates "subsidy" or transactional behavior. Simply obtaining the qualification for admission as an exchange student does not constitute a subsidy. The ICAC's past letter also pointed out that the "approval and approval" of the subsidy agency is the benchmark point for the establishment of the subsidy contract and the identification of illegal subsidy behavior. If any omissions are not disclosed during the application, they can still be corrected before the subsidy case is approved. Therefore, when Jiang Wanan announced that he would give up the 75,000 yuan subsidy and whether it had been approved at that time will also affect subsequent judgments on the application of the law.
The Independent Commission Against Corruption has also explained that the reason why public officials’ related parties are allowed to participate in subsidies that are handled openly and fairly is because Article 14 also provides a mechanism for prior identity disclosure and subsequent disclosure, allowing the outside world to inspect and supervise, and reduce concerns about the transfer of benefits.
For related news, please see:
Jiang Wan'er went to the United States for exchange! There is still a procedure to apply for city subsidies. According to the law, the "father-son relationship" needs to be disclosed.
Congressmen who traveled to the United States at public expense questioned Jiang Wanan for not filling out the "Self-inspection Form for Avoidance of Conflict of Interest" and requested a self-inquiry into political conduct investigation.
The Independent Commission Against Corruption pointed out that if the identity is not disclosed when applying for a subsidy, it can still be corrected before the subsidy case is approved; if the omission is discovered after the approval, the identity relationship has not been truthfully stated in the application documents. (Extracted from the Independent Commission Against Corruption, Ministry of Justice)
Article 26 of the "Enforcement Rules of the Public Employee Conflict of Interest Avoidance Act" clearly stipulates that when applying for a subsidy, the relevant person shall truthfully state his or her identity and relationship, and shall state the name of the public official, service organization and professional title, as well as the relationship between the two parties. (Taken from the National Regulations Database)
The reporter reviewed the 115th academic year international exchange student study implementation plan published by the Taipei City Education Bureau. Although the parent consent form has a column for the signature of the father and mother, there is no other column for service organization, professional title or public official status. The submission document check form does not include any legal identity disclosure documents. (Photo taken from Taipei City Education Bureau)
