洩露秘密,洩密罪

Taipei Main Station shopping mall changes hands! Breeze loses to Shin Kong Mitsukoshi by a mere 1 point, raising questions. Lawyer Li Xin explains the relevant legal provisions regarding the disclosure of official secrets and the liability for the crime of leaking secrets.



Taipei Main Station shopping mall changes hands! Breeze loses to Shin Kong Mitsukoshi by a mere 1 point, raising questions.
| CTS News reporter Wu Renyu

News link:https://youtu.be/J2uWTq8h30I?si=9ws4CGAeSAxvsKRC


The results of the highly anticipated bidding for the Taipei Main Station shopping mall's operating rights have been announced. Taiwan Railways Administration (TRA) announced that Shin Kong Mitsukoshi was the top priority applicant. However, the current operator, Breeze, raised objections, questioning the selection process and review mechanism for flaws. These included allegations that outsiders learned of the winner before TRA's announcement and that review committee members with engineering backgrounds did not attend the selection meeting. TRA has not yet responded to these allegations.

Attorney Li Xin of Fidelity Law Firm stated that this case involves the crime of leaking secrets under the Criminal Code and Article 34 of the Government Procurement Act, which stipulates confidentiality. If the judges' leaks raise questions about impartiality or even suspicion of leaking secrets, the company should raise an objection under Article 75 of the Government Procurement Act, claiming procedural violations and demanding the revocation of the award or a re-evaluation. Furthermore, the company can seek compensation for bidding costs from the leaker under the provisions of the Civil Code regarding torts or breach of contract. It is recommended to preserve relevant reporting evidence as soon as possible and send a letter asserting rights within the statutory time limit.

Fuda Law Firm
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