Hsinchu: The Taiwan High Court has suspended its review of Hsinchu Mayor Ann Kao Hung-an's appeal against her conviction in a corruption case due to constitutional concerns over the law applied. This move halts proceedings involving Kao's appeal of a July 2024 conviction for filing fraudulent expense claims during her tenure as a lawmaker.
According to Focus Taiwan, Kao, who served as a legislator-at-large for the Taiwan People's Party from early 2020 until late 2022, was found guilty by the Taipei District Court of filing false expense claims to pay staff using public funds. The charges stemmed from her use of Paragraph 1, Article 32 of the Organic Law of the Legislative Yuan. After leaving her legislative position to become Hsinchu mayor, Kao, along with four former legislative staff members, was indicted in August 2023. They were accused of claiming government expenses that exceeded the actual salaries and overtime paid to her aides.
The district court found Kao and three of the four staff members guilty of violating the Anti-Corruption Act, determining that the fraudulently claimed expenses were used as petty cash, amounting to embezzlement. Kao received a prison sentence of seven years and four months, with an additional civil rights suspension of four years. The former aides were given suspended sentences.
The High Court has paused the case to seek the Constitutional Court's opinion due to ambiguity in the organic law regarding the legal consequences of violating staff cost regulations. Despite over 200 rulings on the misuse of public funds by local government representatives, Kao is the first legislator convicted of such offenses, potentially setting a significant precedent.
The absence of clear legal guidelines on whether existing court rulings concerning the misuse of public funds can be applied to lawmakers under the Organic Law of the Legislative Yuan has complicated the case. The Legislative Yuan has not provided a definitive interpretation of the legislation concerning staffing costs, adding to the complexity.
Both Kao and the Taipei District Prosecutors Office have appealed the district court's decision. Kao maintains her innocence, arguing that no money was personally gained. Conversely, the prosecutors seek a harsher penalty.
Following the guilty verdict, Kao was automatically suspended as Hsinchu mayor, with her deputy, Chiu Chen-yuan, appointed as acting mayor. The Minister of the Interior, Liu Shyh-fang, clarified that the suspension remains effective despite the High Court's recent announcement.
Liu also noted that Kao's eligibility to run in the 2026 local government elections depends on the outcome of the ongoing legal proceedings, which the ministry continues to monitor closely.