Taiwanese transitional justice referendums, 2008

For the legislative election that was held in 2008, please see Republic of China legislative election, 2008

Republic of China (Taiwan) transitional justice referendums, 2008

January 12, 2008

Majority party Minority party   Leader Chen Shui-bian Wu Po-hsiung Party Democratic Progressive Kuomintang Leader since May 20, 2000 March 20, 2000 Percentage 91.46% (Question 3) 58.17% (Question 4) 8.54% (Question 3) 41.83% (Question 4)

Two referendums took place in the Republic of China (Taiwan) on 12 January 2008, alongside simultaneous legislative elections. One (officially numbered as Question 3) is on transitional justice and the treatment of contentious properties acquired by the Kuomintang, and a counter-referendum (Question 4) initiated by the Kuomintang on alleged corruption in politics.

This referendum was considered to be a dress rehearsal for a more contentious referendum on support for Taiwan admission to the United Nations to be held in March.

To be effective a referendum under Republic of China law must have over 50% of all voters voting. In this situation, the Kuomintang urged voters to boycott both referendums to prevent them from reaching the threshold needed to for adoption, and there was much pre-election controversy over the format and structure of the balloting. Initially, the Kuomintang was in favor of a two-step balloting system where voters would vote for the legislative elections and then for the referendum while the DPP was in favor of a one-step system in which voters would get all four ballots to vote. The final system was a one-step, two-table system in which voters would get the ballots at separate tables but would vote in one step.

The ROC Central Election Commission declared the failure of both referendums due to low turnout, as less than 50% of eligible voters chose to cast a vote for either question. The legislative election held at the same time had a turn-out rate of around 58%.

Questions

Question 3

This question is officially championed by former premier Yu Shyi-kun.

3. Do you agree that the following principles should be followed to legislate a ‘Regulation for the Disposal of Properties Inappropriately Acquired by Political Parties’, in order to return such properties of the Kuomintang to the people?: Kuomintang’s and its associate organization’s properties – outside of party dues, political donations, and public subsidies – should be presumed inappropriately acquired and returned to the people. Those already liquidated, the party should compensate at market value. (你是否同意依下列原則制定「政黨不當取得財產處理條例」，將中國國民黨黨產還給全民：國民黨及其附隨組織的財產，除黨費、政治獻金及競選補助金外，均推定為不當取得的財產，應還給人民。已處分者，應償還價額。)

Type of vote	% of valid votes
Yes	91.46%
No	8.54%
Turnout
26.34% of registered voters

Question 4

This question is officially championed by former finance minister Wang Chien-shien.

4. Do you agree that legislation should be enacted to investigate the responsibility of leaders of the nation and their subordinates, when there is grave damage to the nation due to their wrongful intentions or grave failure in carrying out their duties? Further, do you agree that Commissions of Inquiry should be set up by the Legislative Yuan to investigate such matters; and that the departments of the government should co-operate fully without resistance, in order that the benefits of the people will be preserved? That the personnel criminally at fault should be punished and their illegal income be recovered? (您是否同意制定法律追究國家領導人及其部屬，因故意或重大過失之措施，造成國家嚴重損害之責任，並由立法院設立調查委員會調查，政府各部門應全力配合，不得抗拒，以維全民利益，並懲處違法失職人員，追償不當所得？)

Type of vote	% of valid votes
Yes	58.17%
No	41.83%
Turnout
26.08% of registered voters

Note that English translations shown are not official.

External links

• Ballot specimens from the Central Election Commission
• Official bulletin on the referendums and the legislative election
• Results of the two referendum questions from the Central Election Commission
• Government Information Office explanation on the referendum