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.
ANTI-SHIP CONFIGURATION: The Tuo Chiang-class vessels are to be built for NT$9.7 billion by Lung Teh, a shipyard that previously built four similar corvettes for the navy The Ministry of National Defense on Wednesday awarded Lung Teh Shipbuilding (龍德造船) a NT$9.7 billion Co (US$317.57 million) contract to build five Tuo Chiang-class corvettes with anti-ship capabilities, a defense official familiar with the matter said yesterday. The corvettes would carry vertical launchers for four Hsiung Feng II (HF-2) missiles, as well as eight Hsiung Feng III (HF-3) anti-ship missiles, in contrast to ships configured for anti-air warfare, which carry eight HF-2 and four HF-3 missiles, the official said, speaking on condition of anonymity. The anti-ship corvettes would be armed for improved standoff range against surface combatants and carry the latest
PARTIAL SUPPORT: Morris Chang said he agrees with the US’ goal to slow advances of China’s chip sector, but US policies that might boost chip prices perplex him Washington’s efforts to on-shore semiconductor production might lead to surges in chip prices and supply bottlenecks, Taiwan Semiconductor Manufacturing Co (TSMC, 台積電) founder Morris Chang (張忠謀) said yesterday. The 91-year-old industry veteran said he supports parts of Washington’s effort to slow China’s progress on advanced chip manufacturing. China is still six years behind Taiwan in making advanced chips, despite years-long efforts to catch up, Chang told a Commonwealth Magazine forum that he coheadlined with Tufts University assistant professor Chris Miller, an expert on the US-China rivalry’s effects on chip manufacturing. However, Chang said that other parts of the effort, particularly Washington’s on-shoring
‘COINCIDENCE’: The former president should keep in mind local and global response to his actions and abide by the law to safeguard national interests, the MAC said The Presidential Office yesterday confirmed that it has received an application from former president Ma Ying-jeou (馬英九) to visit China next week and would be discussing his security detail. “As the travel restrictions on former president Ma have expired, we respect his plan to pay respect to his ancestors in China,” Presidential Office spokeswoman Lin Yu-chan (林聿禪) said. “We will review his travel plan and consult concerned agencies to assist him in arranging his security detail.” “We also hope that Ma, as a former commander in chief of Taiwan, acts in a manner that aligns with national interests and does not hurt
ALL CHILDREN ELIGIBLE: The Cabinet approved the latest version of the tax rebate distribution plan that unlike earlier versions, has no age limit, the finance ministry said Taiwanese and eligible foreign residents can from next week register online for a tax rebate of NT$6,000 (US$196) from last year’s NT$380 billion revenue surplus, the Ministry of Finance said yesterday. The Cabinet earlier in the day approved the rebates for Taiwanese, foreign spouses of Taiwanese, foreign diplomats and their spouses, and Alien Permanent Resident Certificate holders, it said. Parents can also claim the rebates for their children, the ministry said, after earlier versions of the plan had excluded young children. Registration via 6000.gov.tw would be open from 8am on Wednesday, the ministry said, adding that the rebates would be wired to peoples’
RSS