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Grand justices strike out parts of anti-hooligan law

The Council of Grand Justices yesterday ruled that several articles of the Anti-Hoodlum Law (檢肅流 氓條例) were unconstitutional and should be abolished within one year of the interpretation's publication.

The grand justices issued the ruling at the request of Taoyuan and Taichung district court judges, who questioned the constitutionality of these articles.

The council concluded that certain terms in Article 2, subsections 3 and 5 of the law, such as "bullying the good," "those of an evil character," "loafers" and "rascals" should be abolished because the descriptions are vague and they are conduct or terms that cannot be confirmed via judicial review and therefore no longer fit with the principle of certainty in law.

The council also ruled that Article 12, Paragraph 1, which places restrictions on the right of the accused to cross examine witnesses and access testimony for fear that vengeful acts may be taken against the witness should also be abolished within the same time frame.

Since the accused may be given a severe sentence that restricts his or her personal freedom, the right of the accused to interrogate and cross-examine witnesses must therefore be guaranteed, it said.

Other methods could be used to protect the identity of witnesses, such as covering their face or using technology to disguise their voice, the council said.
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