The Taiwan High Court yesterday upheld the “not guilty” verdict for the 22 defendants who occupied the Legislative Yuan during a protest in 2014, saying they were exercising their right to political dissent and freedom of speech.
The 22 were first acquitted in March last year and public prosecutors are unlikely to appeal yesterday’s decision in accordance with the Criminal Speedy Trial Act (刑事妥速審判法) of 2010.
The defendants and other protesters stormed the legislature on March 18, 2014, and occupied the legislative chamber for almost 23 days in what became known as the Sunflower movement.
Photo: Liu Hsin-de, Taipei Times
The defendants included members of different activist groups, such as Lin Fei-fan (林飛帆), Chen Wei-ting (陳為廷), Huang Kuo-chang (黃國昌), Tsay Ting-kuei (蔡丁貴) and Wei Yang (魏揚). While the Taipei District Court acquitted the group on charges of “civil disobedience,” the High Court based its decision on the protection of freedom of speech and right to dissenting views.
Reading the court’s ruling, High Court spokesman Chiu Chung-yi (邱忠義) said that the defendants acted in response to Chinese Nationalist Party (KMT) Legislator Chang Ching-chung (張慶忠) and other KMT lawmakers’ rush to pass the cross-strait service trade agreement draft bill through a legislative subcommittee without following proper procedures.
The defendants’ action “did not cause any clear and immediate danger,” Chou said, adding that according to Council of Grand Justices’ Interpretation No. 455, the defendants should be given protection under freedom of speech, for which they should not be oppressed or punished in the aftermath of their undertaken acts.
The High Court determined that the group was “urging other protesters to enter the legislature together as a group to express their discontent and opposition to the cross-strait agreement.”
“They were not maligning and vilifying indiscriminately, nor did they incite the crowd to commit acts of violence against the government,” the ruling said.
“At that time, the draft bill was headed for a vote in the legislature within three days. The defendants decided that occupying the legislature was their only recourse, as they perceived there was insufficient time and no other effective way to block the draft bill,” it said.
“That people can express contrary opinions on public affairs issues demonstrates the freedom of expression that Taiwan’s society has fought to earn through very difficult circumstances,” it said.
“The acquittal proves that the cross-strait agreement had done grave harm to our constitutional democracy. We are not guilty, but the real guilty ones are [then-president] Ma Ying-jeou (馬英九) and his government, and KMT Legislator Chang Ching-chung, who tried to ram the draft bill through by using illegal and unconstitutional means,” said Huang, now New Power Party executive chairman.
Chen said the ruling serves as a message to Chinese President Xi Jinping (習近平) “that you could be an emperor and extend your rule indefinitely, but Taiwan is a democratic nation.”
“Xi should not infringe on Taiwan’s territory, because Taiwanese will rise and fight, and our democracy and the judiciary will protect the public’s rights,” Chen said.
NATIONAL SECURITY THREAT: An official said that Guan Guan’s comments had gone beyond the threshold of free speech, as she advocated for the destruction of the ROC China-born media influencer Guan Guan’s (關關) residency permit has been revoked for repeatedly posting pro-China content that threatens national security, the National Immigration Agency said yesterday. Guan Guan has said many controversial things in her videos posted to Douyin (抖音), including “the red flag will soon be painted all over Taiwan” and “Taiwan is an inseparable part of China,” while expressing hope for expedited “reunification.” The agency received multiple reports alleging that Guan Guan had advocated for armed reunification last year. After investigating, the agency last month issued a notice requiring her to appear and account for her actions. Guan Guan appeared as required,
A strong cold air mass is expected to arrive tonight, bringing a change in weather and a drop in temperature, the Central Weather Administration (CWA) said. The coldest time would be early on Thursday morning, with temperatures in some areas dipping as low as 8°C, it said. Daytime highs yesterday were 22°C to 24°C in northern and eastern Taiwan, and about 25°C to 28°C in the central and southern regions, it said. However, nighttime lows would dip to about 15°C to 16°C in central and northern Taiwan as well as the northeast, and 17°C to 19°C elsewhere, it said. Tropical Storm Nokaen, currently
‘NATO-PLUS’: ‘Our strategic partners in the Indo-Pacific are facing increasing aggression by the Chinese Communist Party,’ US Representative Rob Wittman said The US House of Representatives on Monday released its version of the Consolidated Appropriations Act, which includes US$1.15 billion to support security cooperation with Taiwan. The omnibus act, covering US$1.2 trillion of spending, allocates US$1 billion for the Taiwan Security Cooperation Initiative, as well as US$150 million for the replacement of defense articles and reimbursement of defense services provided to Taiwan. The fund allocations were based on the US National Defense Authorization Act for fiscal 2026 that was passed by the US Congress last month and authorized up to US$1 billion to the US Defense Security Cooperation Agency in support of the
PAPERS, PLEASE: The gang exploited the high value of the passports, selling them at inflated prices to Chinese buyers, who would treat them as ‘invisibility cloaks’ The Yilan District Court has handed four members of a syndicate prison terms ranging from one year and two months to two years and two months for their involvement in a scheme to purchase Taiwanese passports and resell them abroad at a massive markup. A Chinese human smuggling syndicate purchased Taiwanese passports through local criminal networks, exploiting the passports’ visa-free travel privileges to turn a profit of more than 20 times the original price, the court said. Such criminal organizations enable people to impersonate Taiwanese when entering and exiting Taiwan and other countries, undermining social order and the credibility of the nation’s
RSS