Lawyer Huang Diying refuted KMT legislator Wang Hongwei’s accusation that Zhuo Rongtai violated the election and recall law

Yesterday, Wu Siyao, director-general of the Democratic Progressive Party's Taipei mayoral candidate Shen Boyang's campaign, posted a photo of Executive Director Zhuo Rongtai showing off his "Ocean Current Crew Certificate" before the general question. Kuomintang legislator Wang Hongwei criticized Zhuo Rongtai for using the forum to publicly display promotional materials for specific candidates, which is suspected of breaking the law. Lawyer Huang Diying issued an article explaining the requirements stipulated in the law, criticizing Wang Hongwei for blindly accusing Zhuo Rongtai of violating the law, and for misunderstanding the requirements of the election and recall law, which is simply legal ignorance.

In response to this controversy, Executive Yuan spokesperson Li Huizhi said that Zhuo Kui shared the standby screen settings of his personal mobile phone with individual legislators during a break in the Legislative Yuan. It had nothing to do with official matters and did not violate the relevant provisions of the election and recall law. People in the legal field also said that this is "the period of the meeting," not "the period of the election campaign or recall campaign."

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Huang Diying pointed out in a Facebook post that Kuomintang legislator Wang Hongwei accused Zhuo Rongtai of openly displaying specific candidate promotional materials at the meeting venue, while Wu Siyao posted them in public as propaganda, which is suspected of breaking the law.

Wang Hongwei alleged that according to Article 50 of the Law on the Election and Recall of Public Officials, central and local government agencies at all levels are not allowed to engage in any activities related to campaigning or recall publicity during the campaign for election or recall of public officials. Article 104-1 of the Law on the Election and Recall of Public Officials stipulates that heads of central and local government agencies at all levels or their agents or persons under their instructions who violate the provisions of Article 50 shall be sentenced to fixed-term imprisonment of not more than three years.

Huang Diying bluntly stated that Article 50 of the "Law on the Election and Recall of Public Officials" stipulates that the legal requirements are very clear and the subjects of action are "agencies at all levels" rather than specific individuals. In particular, discussing the settings of a mobile phone's desktop or standby screen between two people is not a "publicity activity" regulated by the law for agencies at all levels.

Huang Diying questioned that Wang Hongwei had mistaken the express provisions of the election and recall law. If he deliberately sued Zhuo Rongtai for "rescuing Chiang Wanan's soldiers", it would not only waste judicial resources, but also assess the risk of "false accusation".