Gay and lesbian rights activists yesterday applied to the Prosecutor General to make an extraordinary appeal in a controversial case.
The case involved offenses against morality allegedly committed by J.J. Lai (賴正哲), the owner of Gin Gin's, a bookstore specializing in homosexual literature.
In 2003, officers at the Keelung Customs Office confiscated 400 copies of a magazine imported from Hong Kong by Gingin's. Police later raided the bookstore and seized 500 magazines. Some of the magazines were declared obscene, Lai said.
He was indicted for "possession and intending to distribute obscene materials" under Article 235 of the Criminal Code (
A summary procedure such as Lai's consists of two instances and the bookstore owner was found guilty on both.
"The Gin Gin's case does not qualify under Article 235 of the Criminal Code," Secretary General of the Gender/Sexuality Rights Association Wang Ping (王蘋) said, "because all the magazines were wrapped in plastic shrink wrap, with warnings on them."
Constitutional interpretation 617 by the Grand Justices Council states that potentially obscene material only violates the law when there is no "adequate protective and isolating measures before dissemination to the public."
"This was obviously an improper judgment by the Court," Lee Yen-jong (李晏榕), a lawyer, said during a press conference yesterday. "We are therefore applying for an extraordinary appeal."
An extraordinary appeal is filed after all the judiciary proceedings have been held and when a defendant believes that a potential improper judgment has been rendered.
The result of an extraordinary appeal overrules all previous court decisions.
It can only be filed by the Prosecutor General to the Supreme Court. A defendant, however, can file an application for it.
"It's not just a case for homosexuals," Lai said. "Many other bookstores, like Eslite, are also harassed by the police from time to time."
"If you have been found guilty of distributing material with adult content despite having adopted the prescribed protective measures," he added, "you can join me in applying for an extraordinary appeal."
Not all the magazines confiscated were rated obscene by the Book Evaluation Committee, Lai said.
"I demand that the Court return those magazines," he said. "If they are in any way damaged, I will file for compensation."
Taiwan is to commence mass production of the Tien Kung (天弓, “Sky Bow”) III, IV and V missiles by the second quarter of this year if the legislature approves the government’s NT$1.25 trillion (US$39.78 billion) special defense budget, an official said yesterday. Commenting on condition of anonymity, a defense official with knowledge of the matter said that the advanced systems are expected to provide crucial capabilities against ballistic and cruise missiles for the proposed “T-Dome,” an advanced, multi-layered air defense network. The Tien Kung III is an air defense missile with a maximum interception altitude of 35km. The Tien Kung IV and V
The disruption of 941 flights in and out of Taiwan due to China’s large-scale military exercises was no accident, but rather the result of a “quasi-blockade” used to simulate creating the air and sea routes needed for an amphibious landing, a military expert said. The disruptions occurred on Tuesday and lasted about 10 hours as China conducted live-fire drills in the Taiwan Strait. The Civil Aviation Administration (CAA) said the exercises affected 857 international flights and 84 domestic flights, affecting more than 100,000 travelers. Su Tzu-yun (蘇紫雲), a research fellow at the government-sponsored Institute for National Defense and Security Research, said the air
A strong continental cold air mass is to bring pollutants to Taiwan from tomorrow, the Ministry of Environment said today, as it issued an “orange” air quality alert for most of the country. All of Taiwan except for Hualien and Taitung counties is to be under an “orange” air quality alert tomorrow, indicating air quality that is unhealthy for sensitive groups. In China, areas from Shandong to Shanghai have been enveloped in haze since Saturday, the ministry said in a news release. Yesterday, hourly concentrations of PM2.5 in these areas ranged from 65 to 160 micrograms per cubic meter (mg/m³), and pollutants were
Taiwan’s armed forces have established response protocols for a wide range of sudden contingencies, including the “Wan Chun Plan” to protect the head of state, the Ministry of Defense (MND) said today. After US President Donald Trump on Saturday launched a series of airstrikes in Venezuela and kidnapped Venezuelan President Nicolas Maduro, concerns have been raised as to whether China would launch a similar “decapitation strike” on Taiwan. The armed forces regularly coordinate with relevant agencies and practice drills to ensure preparedness for a wide range of scenarios, Vice Minister of National Defense Hsu Szu-chien (徐斯儉) told reporters before a
RSS