The Taiwan High Court’s Kaohsiung Branch Court on Wednesday ruled against Kaohsiung’s Public Works Bureau (PWB), awarding more than NT$4 million in state compensation to the family of a Chinese man who was electrocuted and killed by a faulty street light in Kaohsiung.
The deceased man, surnamed Qian (?), died after being electrocuted by a street light on Aug. 16, 2018, during a cycling trip around Taiwan. Qian’s family filed a lawsuit against the PWB’s Maintenance Office for state compensation, claiming NT$11.65 million (US$382,647) for related expenses and compensation.
According to the Taiwan Kaohsiung District Court, the electrical problem was first noticed about six months prior to Qian’s death, but the PWB failed to take action. When a woman surnamed Chen (?) found Qian’s body, she too was electrocuted.
With an investigation identifying the Maintenance Office as responsible for the accident, the district court ruled that the office should pay compensation of NT$4.63 million, as the Chinese family has also received a pension-like payout of about NT$7 million in China.
The bureau decided to appeal the ruling, questioning Qian’s eligibility under the State Compensation Law; yet, the High Court declined to amend the ruling on Wednesday, though it can still be appealed.
In accordance with Article 15 of the State Compensation Law, whether a foreign national is eligible under the law depends on the principle of reciprocity, which means it hinges on whether Taiwan nationals are eligible under the law in the plaintiff’s country, explained Ning Hsin (??), president of the Civil Division of the Kaohsiung Branch Court.
However, due to the lack of reciprocity between Taiwan and China, the sticking point in the case revolved around whether a Chinese national can also be considered a national of the Republic of China (Taiwan) or not, Ning said in a phone interview.
The Kaohsiung Branch Court handed down the sentence after referring to the Ministry of Justice and the Mainland Affairs Council, both of which replied in the affirmative with different references, as the State Compensation Law does not specifically rule out claims from Chinese nationals.
Kaohsiung City Government expressed condolences over Qian’s death, saying it respects the ruling and reasoning, adding that the office has yet to decide how to respond to the ruling.
Source: Focus Taiwan News Channel