The man who tried to assassinate then-President Chiang Ching-kuo (蔣經國) 30 years ago was found guilty yesterday of violating the National Security Law -- for en-tering Taiwan illegally. But Peter Ng (黃?撊? says his battle against the "unconstitutional" law has just begun.
A Taipei district court ruled yesterday that Ng, 63, was guilty of illegal entry and sentenced him to five months in prison. However, the jail term can be commuted with a fine of NT$900 per day.
After the verdict, Ng, now the chairman of the Taiwan Association for Human Rights (
"Once I have exhausted all legal avenues, I'll be able to file a request for a constitutional interpretation," Ng said. "Today's court decision is just the first step in my fight against this unjust law."
The National Security Law requires Taiwan nationals to apply for official permission to both depart and return to Taiwan. Under its terms, the Bureau of Entry and Exit (?J出1珘
The law has long been attacked by critics for its abuse as a political instrument by the KMT government, which obstructed the return of a number of Taiwanese political dissidents from overseas during the "White Terror" period and continued to do so even after martial law was lifted.
Critics said the government had a "blacklist" that included personal data on dissidents, and authorities would reject applications for entry visas by anyone on the list.
As a result, many of those blacklisted were forced to use a variety of illegal alternatives to come back to Taiwan. Some used fake passports, while others smuggled themselves in on fishing boats. Still others chose to confront law enforcement officials directly, upon arrival at CKS airport. However they returned, they opened themselves up to charges -- and conviction -- of illegal entry.
Ng, who tried to shoot Chiang at the Plaza Hotel in New York in 1970, reportedly topped the blacklist. His return in 1996 was dubbed the last among the blacklisted.
Since being prosecuted in 1998, Ng has been preparing to challenge the validity of the National Security Law and has collected a number of international instruments relating to the civilian rights of those entering their own countries.
"I should point out how absurd the law is by using a bundle of international covenants. The law should never have been kept, had the government recognized its responsibilities under these coven-ants," Ng said.
Ng also argued that the law is unconstitutional, as it hampers citizens from exercising their constitutional rights by obstructing their entry into their own country. "It's amazing that a Taiwan national has to get a visa for his own country," he said.
The court, however, disagreed and noted the regulations of departure and entry are a necessary consideration for national security.
Wang Ping-hsia (
"Where clear and present danger exists, it's necessary for the government to take preventive measures," Wang said. "I completely agree with the international instruments on civilian rights protection. But I believe every country inevitably has to restrict certain civilian rights for the sake of national security."
Wang admitted the law might have been misused by the executive branch in the cases of the political dissidents. He said, however, it is a separate issue that is out of reach of the judicial system.
"It's not fair for these people, I agree. But I don't think the value of the law should be completely denied by faults made by the executive branch."
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