萬國法律事務所

On July 12, 2016, law makers in Taiwan repealed the Red Cross Society Act after passing the third r eading of a proposal by the New Power Party, abolishing privileged practices and status of the Red Cross Society of the Republic of China (Taiwan).

According to the Red Cross Society of the Republic of China, the society has had a history of 112 years, dating back to its first establishment during the Russo-Japanese War in 1904. After the Nationalist (KMT) retreat to Taiwan, a special law governing the society passed in 1954, allowing the society to be the only Red Cross Society representing the Republic of China. the law also granted the society privileges that typical civil organizations could not be entitled, such as the rights to issue special commemorative stamps to prevent Tuberculosis, call for any kind of donation for charities without approval from the Ministry of Health and Welfare, and exemption from government oversight regarding yearly plans.

For international purposes, in recent years, the society has indicated that it has been using names such as “Taiwan Red Cross,” and “Taiwan through Red Cross” in international crisis aiding. However, controversies have arisen surrounding the society, including overpayment of its executives and acting too slowly in sending donated money to Japan for relief of the 2011 Tsunami disaster.

Critics have charged that it is unfair for a society to be entitled to special status that enables easier charity fundraising but less government oversight. The Red Cross Society of the Republic of China announced that it will file for a Grand Justice interpretation challenging the constitutionality of the repeal.

On July 15, 2016, the society filed administrative litigation and requested a provisional injunction demanding the Ministry of Internal Affairs not to abolish its legal entity registration before a final court ruling is rendered.