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."
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