Court Observation Record ｜ Disciplinary Court Series Court Observation Activities #Shih Mu-chin Case #Cheng Hsiao-kang Case

Last edited: 2026-07-27

Li Yun-k'o, JRF Volunteer

In addition to Shih Mu-chin, six other high-ranking judicial officials involved in the wealthy businessman Weng Mao-chung scandal—Lo Jung-ch'ien, Cheng Hsiao-kang, Tseng P'ing-shan, Lin Ch'i-fu, Yen Nan-ch'üan, and Su I-chou—were referred by the Judicial Yuan and the Ministry of Justice for internal investigations to the Control Yuan for impeachment, and their cases are currently being tried by the Disciplinary Court. Where do these cases currently stand?

June 8: Oral Arguments Concluded in the First Instance of the Cheng Hsiao-kang Case

The disciplinary case of Judge Cheng Hsiao-kang concluded its first-instance oral arguments on June 8. The Judicial Yuan Investigation Report dated April 7, 2021 (1100407) and the Control Yuan Investigation Report 110 Shih Tiao 0034 stated that while serving as a judge at the Taipei High Administrative Court and the Supreme Administrative Court, Judge Cheng heard two administrative lawsuits related to companies operated by Weng Mao-chung. Before accepting the cases, he had dined with Weng Mao-chung three times and accepted shirts four times, yet he failed to recuse himself. He proceeded to hear and conclude both cases, and voluntarily contacted and explained the situation to Weng Mao-chung after the judgments were rendered. Judge Cheng continued to accept gifts of shirts from Weng Mao-chung after the cases were concluded.

Judge Cheng Hsiao-kang did not dispute the facts regarding having dinner with Weng Mao-chung and accepting shirts, but explained that these actions were sporadic and passive, stemming from momentary negligence, and expressed his willingness to apologize in court. Regarding the phone call to Weng Mao-chung after the judgment, he explained that he did so for legal education purposes, "advising Weng to run his business in compliance with the law." In addition, the focus of the debate in this trial session was whether the theory of the integrity of disciplinary violations applies to this case, and whether the statute of limitations for disciplinary actions had been exceeded, which would warrant a dismissal of prosecution (免議).

June 9: Preparatory Proceedings Concluded in the Second Instance of the Shih Mu-chin Case

Regarding the Shih Mu-chin case, the first-instance court fragmented the facts referred for discipline and determined that most of the facts exceeded the 10-year statute of limitations for disciplinary actions stipulated in Article 25, Paragraph 3 of the pre-amendment Public Functionary Disciplinary Act, thereby deciding on a "dismissal of prosecution (免議)" (Disciplinary Court Judgment 109-Nien-Ch'eng-Tzu No. 9). Subsequently, the Control Yuan filed an appeal.

On June 9, the second-instance preparatory hearing for the Shih Mu-chin case was held. Judge Shih Mu-chin himself did not attend due to illness. After the presiding judge and both parties confirmed the disputed issues, the judge stated that the court would appoint expert scholars to submit opinions on the statute of limitations and the substance of the integrity of disciplinary violations in this case, and requested both parties to provide a list of experts by June 13 for the court's reference.

The determination and legal interpretation of the statute of limitations for disciplinary actions in this case are crucial to all cases in the Shih Mu-chin series. This series of court observation activities will continue to invite people from all walks of life to follow and care!

Court Observation Record ｜ Disciplinary Court Series Court Observation Activities #Shih Mu-chin Case #Cheng Hsiao-kang Case

June 8: Oral Arguments Concluded in the First Instance of the Cheng Hsiao-kang Case

June 9: Preparatory Proceedings Concluded in the Second Instance of the Shih Mu-chin Case

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