Court Vacates Business Suspension Order on Water Park

  Court Vacates Business Suspension Order on Water Park

Source: United Daily News

March 2, 2017

A deadly explosion of flammable dust rocked the Formosa Fun Coast Water Park (FFCWP，八仙樂園) in New Taipei City in 2015, leaving 15 revelers dead and 484 injured. The Tourism Bureau imposed a fine of NT$50,000 (approx. US$1,622) on the FFCWP and ordered the suspension of its business following the accident on grounds of violating tourism regulations by illegally renting out its facilities to the event organizers. The bureau required the water park to stay closed until the investigation outcome was determined and water park’s management deficiencies were corrected. FFCWP filed a suit with the Taipei High Administrative Court (THAC) against the decision of the Tourism Bureau. Yesterday, THAC ruled to vacate the business suspension order issued by the Tourism Bureau on FFCWP but upheld the penalty of NT$50,000 fine on the park, adding that the Tourism Bureau could appeal.

With regard to the ruling, the court was of the opinion that the order for the entire park to close following the accident that occurred at only one of its areas was unnecessary, adding that the Tourism Bureau should only issue a suspension order to the area the park illegally rented out to the event organizers. The court went on to note that the Tourism Bureau did not have sufficient evidence to prove that the park's act of renting out its facilities to the event organizers would necessarily endanger public safety. Furthermore, the Tourism Bureau ordered FFCWP to suspend its business sine die would undermine FFCWP’s property rights and operating rights, which violated the principle of proportionality, the court concluded.

The Tourism Bureau said it would gear up for an appeal or take other legal actions after receiving the written verdict from the court.

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